MARION COUNTY, GA - NEWSPAPER John Cook killed

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NEWSPAPER: Marion County, GA Patriot, Nov 25, 1898 "Man Killed-
-Mr. John Cook was shot and killed and his son wounded about
8'oclock last Tuesday night in the upper part of the county.
Tom and Frank Kemp and Albert Benson were mixed up in the
affair, but as the coroner's jury had not made a verdict at
this writing the guilty party has not been place. Both the
Messrs Cook were shot with 32 calibre balls, but it was a 38
ball with produced Mr. John Cook's death. Tom and Frank Kemp
were both in town the next morning after the killing, but were
not placed under arrest. The coroner held an inquest Wednesday
afternoon, but adjourned to meet in Buena Vista the next
morning, at which time they would make a verdict. We will not
attempt to give any further facts in the matter until we hear
the verdict of the coroner's jury. Marion County Patriot Dec 2,
1898, "Trial of the Kemp Boys--The trial of Tom Kemp, charged
with the murder of John Cook, and Frank Kemp and Albert Benson
as accessories, has been going on in the superior courtroom
since Monday before Justices Williams and Roberts. J.J. Dunham
and W.D. Crawford represent the defendants and Geo. P Munro
represents the state and the prosecutors. There was a large
number of witnesses, perhaps fifteen or twenty, and the
evidence was voluminous. the evidence was taken down in long
hand by Mr. T. B. Rainey, which made the taking of evidence
necessarily slow and tedious. Though Mr. Rainey is a very rapid
penman, he could not take it as fast as a stenographer. Monday,
Tuesday and part of Wednesday was consumed in trying Tom Kemp,
the principal under the charge. After hearing all the evidence
and the argument of the attorneys, the justices dismissed the
warrant against Kemp. The prosecuting attorney was not
satisfied with the verdict of the court in the Tom Kemp case,
and he took out another warrant and had him arrested again.
Col. Munro says he is going to have him tried before every
justice in the county or have him bound over to the superior
court and if necessary he will appeal to the judge of the
superior court after exhausting the justices. The court is
still in session trying Frank Kemp and Albert Benson as
accessories, but at the hour of going to press, the case had
not been concluded. It is said the state's witnesses will
exhonerate Albert Benson from complicity in this matter. Later-
-The warrant againsit Frank Kemp and Albert Benson were
dismissed and another verdict was sworn out againist Frank Kemp
as accessory to the killer. Jan 27, 1899 Marion County Patriot
" Kemp Boys Guilty"--That was the verdict of the Jury with
recomendation to the mercy of the court. The trial of Tom and
Frank Kemp charged with the murder of Mr.John Cook, which took
place in the upper part of the county in December last, the
circumstances of which our readers are familiar with, began
Tuesday morning and ended Wednesday night with a large amount
of testimony and argument on both sides.The jury went out
Wednesday night and remained only two hours when they returned
with a verdict of guilty with recomendation to the mercy of the
court. Consequently Judge Butt sentenced them to the
penitentiary for life. The Kemps had a close call to save their
necks from the hangman's noose. It is said eight of the jury
were for a verdict of guilty without recommendation, three were
for a verdict of guilty with recomendation and one for
acquittal. The council for the defense will make a motion for a
new trial and if they fail in that, the case will go to the
supreme court and it may take several years yet before it is
terminated. 

FAMILY TRADITON: John Cook was killed according to family
tradition in a fight with somebody, over a whiskey worm. They
both ran stills and shared the copper coil and John was killed
in the dispute.  Kyle was injured but not killed. This was
about 1894 according to Hoyt Cook and he was buried in Box
Springs, Talbot Co. (Palmer Cemetery)  In the 1900 Census Loucinda Ryals Cook  was
a widow. Kyle was later killed in another dispute of over
whiskey, by the Roberson boys