Rains County TX - Glass murder -------------------------------------------------------------------------- USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. "Elaine Nall Bay" http://www.usgwarchives.net/ -------------------------------------------------------------------------- Glass murder The December 1917 trial of J.W. Bergen for the murder of Clarence A. Glass was continued until the May 1918 term as a result of the following application: District Court, Rains County, Texas December Term 1917 Application for Continuance December 12, 1917 Defendant J.W. Bergen filed his 1st application for continuance on based on the following facts: Geo. Ellis, W.F. Warren, E.B. Hanafor, Frank Thulen, M.M. Hutchinson, John Jones (all of Anderson Co.) and J.W. Baen of Harris Co., Ella Johnson of Rusk Co., and P.R. Schumacher of Dallas Co. were witnesses in his behalf and were all absent from court. "None of these witnesses were found in Anderson Co. Geo. Ellis is at Keechi Station on the I. & G.N. and the surveying crew is out of the county. Could not learn their whereabouts." The testimony of all said witnesses named except the witness of P.R. Schumacher was material to the defense of the defendant in that the defendant is herein charged with the murder of Clarence Glass at Point, Rains Co., Texas on Thursday night, December 7th, 1916, at about 9:30 o'clock while engaged in the perpetration of the offense of robbery. The defendant expected to show that in truth and in fact he was not in or near Point, Texas at the time in question; but that on the night of December 6, 1916, he stayed at a little flag station or siding on the I.& G.N. RR between the stations of Keechi and Oakwood and south of Palestine, Texas. There was a coach and cars parked at said flag station or siding with a surveying crew working on the I. & G.N. Railroad, and the defendant procured a lunch from this crew about 9:00 on the morning of December 7, 1916. Later on he walked to the station of Long Lake, where he remained in company with one John Jones, and then boarded a passenger train at Long Lake about 4:45 that afternoon for Palestine, Texas, paying to the train auditor a cash fare of 35 cents. Upon arrival at Palestine he then purchased a ticket to Lonview Junction and reached Longview Junction about ______ p.m. on the night of December 7, 1916 where he remained all night. About _______ o'clock on Friday December 8, 1916 he purchased a ticket from Longview Junction to Alexandria, Louisiana, at about ______ o'clock on Saturday morning, December 9, 1916. The testimony of P.R. Schumacher was material to this defendant in that he was a detective and manager of the Burns National Detective Agency at Dallas, Texas, and as such came to Point, Texas immediately following the alleged crime and made an investigation of same. He was to testify that he discovered that such investigation showed that some other person and not this defendant committed the crime with which defendant was charged. By the witnesses, E.B. Hanafor, Frank Thulen and M.M. Hutchinson, defendant expected to show that they were members of a surveying crew stationed on the I. & G.N. Railroad at a little flag station south of Oakwood on said railroad company's tracks, and that Defendant was at said place and secured from them a lunch about 9:00 or 9:30 on the morning of December 7, 1916, and they will identify this defendant at said time and place. By the witness, John Jones, defendant expected to show that they were together at Long Lake, a pumping station near Oakwood on the I. & G.N. Railroad between 3:30 and 4:00 p.m. on the afternoon of December 7, 1916 and that said Jones requested defendant to write a letter for him to one Ella Johnson at Henderson, Rusk Co., Texas, which this defendant did. By the witness, Ella Johnson, defendant expected to show that she received said letter on or about said date from John Jones, and that she knew it was written by some other person than John Jones. By the witness, George Ellis, defendant expected to show that said Ellis was pumper for the I. & G.N. Railroad at the pumping station known as Long Lake on said railroad; and that the defendant waited at same pumping station for the afternoon train and boarded said train at about 4:45 p.m. on December 7, 1916, going toward Palestine. There were only two passengers boarded said train that afternoon at said place - that is, the defendant and a Negro preacher. By the witness, J.W. Baen, defendant expected to show that he was Train Auditor of said train into Palestine on the afternoon of December 7, 1916, and that his records would show that he collected only two cash fares of 35c each from Lone Lake to Palestine on said date, and that said train arrived in Palestine at about _______ o'clock p.m. on December 7, 1916. By the witness, W.F. Warren, defendant expected to prove that he was at the station of Long Lake on the afternoon of December 7, 1916 when said train arrived for the purpose of purchasing a newspaper off said train, and that said witness held a conversation with this defendant on the train before leaving said station. Defendant expected to prove that all of said witnesses would identify the defendant at the times and places herein above designated and would show that it was a physical impossibility for this defendant to have been in Point, Texas at the time this crime was committed that he is charged with. That the defendant cannot safely go to trial in this case without the testimony of said witnesses as herein also indicated. Application made for a delay only so that justice may be done. J.W. Bergen, Defendant December 12, 1917 ******************* The application for continuance was granted. For the continued trial of The State of Texas vs. J.W. Bergen, on May 21, 1918, sixty-two special jurors were summoned to report at the courthouse in Emory, Rains Co., Texas at 10:00 a.m. The following were struck from the list by the "Defense": M.L. Freiberger J.H. Bingham Gus Orsborn C.L. Irwin The following were struck from the list by the "State": P.H. Oliver J.H. Foster C.C. Freeze E.A. Warren R.L. Irwin H.A. Horton W.T. Fitzgerald L.C. Roddam J.A. Fenter Others listed: C.A. Abercrombie J.O. J.M. J.R. W.S. Hall Jones Arrington Cunningham J.K. Davis, not T.C. Virgil found Deaton E.V. Cooke Matt Moreland Bolton R.A. Coker, absent, W.H. not found Hughes J.E. Harbison H.C. Williams W.P. Craig J.F. Wilson, out of county J.H. Rudd H.O. McCallon R.P. Roberts J.F. Lynch C.A. Abernathy J.S. S.C. B.T. Northcutt H.L. Smiley Alexander Ballew O.C. Vanlandingham J.B. J.R. Thomason Barker The following were excused from jury service: J.S. Hogue J.T. Neil J.J. Allred A.P. Humphrey A.J. Myers W.A. Traylor C.S. Donaldson W.D. Armstrong C.C. Shultz The following 11 jurors were taken, listed in order by number: 1. C.J. Holland 2. T.E. Oler 3. Ed Seaton 4. Dick Pound 5. Jess Childers 6. J.L. Moody 7. K.F. Looney 8. William Rice 9. J.D. Hipp 10. Jess Eads 11.J.S. Horsley Defendant J.W. Bergen, "now in Emory, Texas" was subpoenaed on May 21, 1918 by Charles C. Robey, attorney for the Defense. On May 21, 1918 the State, represented by District Attorney Sam D. Stinson, submitted an application for continuance stating that the State couldn't go to trial for want of testimony of witnesses J.R. Williford and Joe Henderson. "Said Joe Henderson resided in Rains County and witness J.R. Williford formerly resided in Hunt Co. but the State is informed that he is not in Hunt County. Process was issued out of said Court on December 6, 1917 for both witnesses and both were in attendance upon Court in the December term. Process again issued May 11, 1918. The State was informed that J.R. Williford was out of the county and probably in Hunt Co. near Caddo Mills; the State was further informed that said witnesses had been at Royse City, Rockwall County. Process of subpoena was issued to both witnesses in Hunt Co. and in Rockwall Co. on May 17, 1918; the process was returned to the Court. The State expected to prove by witness J.R. Williford that he was running a restaurant in Point, Texas, and that the defendant in this case was in his place of business on the evening of the 7th of December 1916 and took supper at his said restaurant, this being the evening and a few hours before Clarence Glass was killed in Point, Texas. By the witness of Joe Henderson the State expected to prove that on the evening of December 7, 1916 that said witness was employed in the restaurant of J.R. Williford and that the defendant, J.W. Bergen, came into the restaurant late that evening and ordered and ate his supper and that said witness waited upon the said defendant, and that the defendant J.W. Bergen is the same man who took supper there in that restaurant that evening and that Clarence Glass was killed that night in the Bank at Point, Texas. That said testimony becomes very material in the trial of this cause by reason of the fact that the defendant herein sits up and will attempt to prove an alibi, and says he was not in Point, Texas, on the evening that Clarence Glass was killed but that he was at another and different place. This being a case of circumstantial evidence, the State is entitled to every circumstance and every circumstance is material that goes to place the defendant near the scene of the killing at the time it took place. The State expects to be able to procure the attendance of each of said witnesses at the next term of this Court." (Rains County District Court trial packet) The following subpoenas were delivered to appear at trial on May 18, 1918 in behalf of the State: Jim McLeroy W.D. Armstrong Miss Armstrong Doyl Wilson F.C. Montgomery Mrs. Mattie Daniels Miss Ethel Whittle Buddie Stuart S.S. Bowers The following subpoenas were delivered to appear at trial on May 24, 1918 in behalf of the the Defendant: Earl Whittle Earnest Whittle Joe Boyer Oscar Tilton of Point, Rains Co. The following subpeonas were delivered to appear at trial on May 24, 1918 in behalf of the State: Artemas Fenter Andrew Fenter Will Fenter Roy Fenter Frank Fenter Sam Fenter Hue Hartley Jess Smith R.L. Simmons A subpoena was issued for Alex Lynch, farmer of Point, Texas, and M.G. Green of Point, Texas, to appear in court on May 21, 1918 as material witnesses on behalf of the Defense; they were ordered to bring with them a box recently found by them in a creek or ravine near Point, Texas. A letter was received from J.W. Baen, Train Auditor, in San Antonio, Texas and delivered to Mr. Elmer Robertson, Clerk of the Rains County District Court; in the letter he denied having any knowledge of the defendant, J.W. Bergen. "On May 3rd and while confined to a bed in the International & Great Northern Railway Co. hospital, Palestine, Texas, I was served with subpoena to appear at Emory on the 21st day of May as witness for a J.W. Bergens, defendant in a criminal action suit. In this instance there is evidently a mistake and defendant has got hold of a wrong name or person. I am not been acquainted with defendant, do not remember or even heard his name before receiving this summons. Have had no form of communication either from him or his attorney relative to this case and otherwise do not know a thing about the case. I wish you would please investigate the matter promptly, and if you find summons to me was a mistake, please send me a release at your very earliest opportunity. By so doing you will greatly oblige. Yours Truly, J.W. Baen 415 Hunstock Ave. San Antonio, Texas" (Rains County District Court trial packet) On May 24, 1918 the trial of The State of Texas vs. J.W. Bergen, file #938, was called; the Defendant pled not guilty to the charge of murder. The jury was empanelled and delivered the verdict as such, "We, the jury, find the defendant 'Not Guilty'." Seven years later the following anonymous article appeared in The Rains County Leader. "In memory of our martyred boy, Clarence Glass, as he was a Christ-like boy, and O! the demon so of hell will have vengeance wrenched out of them for destroying such lives and characters, by the High Powers, his people and friend with their lives destroyed. O! his darling baby is seen going to her father's grave and lying down on it and caressing it. Still the demons are among us and can't be fereted out. O! people, what sort of punishment will the Creator put upon them. Think over it.---Contributed" (The Rains County Leader, January 26, 1922)