Newton County GaArchives News.....MR. FRANK TUGGLE KILLED, JOE OZBURN CAPTURED, TRIAL OF THE OZBURNS August 13, 1891 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Phyllis Thompson http://www.genrecords.net/emailregistry/vols/00011.html#0002524 April 22, 2007, 9:19 am The Georgia Enterprise August 13, 1891 *August 13, 1891 MR. FRANK TUGGLE KILLED About noon on Sunday last, Mr. Joe Ozborn shot and killed Mr. Frank Tuggle, in Gaither’s district, about 8 miles south of Covington. It appears that a day or two before the killing, Mr. Ozborn got Mr. Tuggle’s hat at some public gathering, and when Tuggle found out where his hat was he asked Mr. Bud Ozborn, a brother of Joe’s, about the hat and then rode over to see Mr. Joe Ozborn, Bud going also. After a few words of an unpleasant nature, Mr. Tuggle rode off on his mule, when Joe Ozborn began to shoot at him with a Winchester Rifle, hitting him twice, on ball striking him in the back and passing through his body, and in a few minutes he expired. The Ozborn’s then fled. Coroner Osborn was sent for and held an inquest over the body, the verdict of the jury being that Frank Tuggle came to his death at the hands of Joe Ozborn, and that the crime was murder, and that Bud Ozborn was accessory. Warrants were issued and officers have been in search for the two Ozborn’s. Bud Ozborn was captured at his grandfather’s, Monday night, and put in jail here Tuesday. As we go to press no news of Joe Ozborn’s capture has been received here. **August 20, 1891 TOWN AND COUNTY The case of Mr. BUD OZBORN, charged with being accessory to the killing of Mr. FRANK TUGGLE, was heard before Justice JNO. P. HARRIS, on Friday last. Col. J. F. ROGERS and Judge E. F. EDWARDS represented the defense while Judge CAPERS DICKSON had been employed to look after the prosecution. Mr. OZBORN was held over to the superior court, which meets on the third Monday in September. Mr. JOE OZBORN, who killed Mr. TUGGLE is still at large, but efforts are being made to secure his capture. ***August 27, 1891 JOE OZBURN CAPTURED Mr. JOE OZBURN, charged with the murder of Mr. FRANK TUGGLE, was captured in Jacksonville, Fla., one day last week. It appears that Sheriff H. B. ANDERSON and Deputy L. O. WRIGHT had quietly got on the trail of OZBURN, who crossed the ferry going toward Flovilla, soon after the killing. The Sheriff expected to have him caught there, but failed. From here he traced him to a point on the East Tennessee railroad, where the marshal of the town was notified, but failed to make the arrest. The Sheriff used the mail and telegraph and again spotted OZBURN in Jacksonville, where he ordered his arrest by wire. Thursday morning a message came that OZBURN was in the hands of the police. When captured he had a valise, but no money. The Sheriff left immediately for his prisoner and reached here with him on Saturday morning. He was placed in one of the upstairs cells in our jail, where he will probably remain until court convenes on the 3rd Monday in September. When Mr. OZBURN was approached by the policeman he very readily told his name and said that he was from Newton County, Georgia, and had killed a man there. The prisoner is about 24 years old, is small in size, and has a very intelligent face. He does not have the appearance of a bad man. Sheriff Anderson deserves a praise for the skillful manner in which he worked this case for it required particular work to spot and capture Mr. OZBURN. Our Sheriff has time and time again showed that he possessed fine detective powers, and this last capture proves that he is indeed hard to foil whenever he once gets on the trail of a criminal. Mr. BUD OZBURN, the young brother of JOE, is also in jail, charged with being accessory to the crime, bail having been refused by Justice HARRIS, who held the preliminary investigations. Both cases will probably be heard at the term of court so near at hand. For several nights the jail was guarded by County Bailiff J. F. MCCORD, who had as a weapon the Winchester rifle that OZBURN used when he killed TUGGLE. JOE OZBURN was carried to Walton Jail Monday. ****October 1, 1891 TRIAL OF THE OZBURNS The case of Messrs. JOSEPH and LORENZO OZBURN, for the murder of Mr. FRANK TUGGLE, was called in Newton Superior Court, Thursday, but owing to the absence of an important witness the trial did not begin until Friday. A jury was secured by 11 o’clock composed of the following gentlemen; Messrs. E. O. LEE, J. C. FLEMISTER, J. B. GLASS, R. O. USHER, D. W. TITSHAW, G. M. HAYS, R. C. HAYS, J. D. ELLINGTON, R. T. COLLUM, S. H. WILEY, F. P. SIMS and G. W. HILL. By night the evidence was all in and Solicitor General Womack opened for the state. Messrs. J. F. ROGERS and E. F. EDWARDS represented the defendants and both made speeches on Saturday. The Solicitor General closed. Judge BOYNTON delivered a clear charge to the jury, who retired to their room to make up a verdict. At ? o’clock the following verdict was returned: “We the jury, find JOSEPH OZBURN guilty and recommend him to the mercy of the court. We find LORENZO OZBURN guilty in the second degree.” This saves the neck of Joe but sends him to the penitentiary for life. However, though unintentional, the verdict clears Lorenzo, as both were tried on the same bill of indictment as principals, so a verdict in the second degree in this case amounted to an acquittal. There was no emotion whatever on the part of the OZBURNS or their relatives when the verdicts were read. Additional Comments: The surname Ozborn/Ozburn is spelled both ways in the articles. 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