Patrick County Virginia USGenWeb Archives News.....TURNER-SHELTON CASE WILL REACH THE JURY TODAY March 9, 1928 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ron Martin cindyandron@bellsouth.net March 11, 2022, 10:22 pm The Danville Bee March 9, 1928 TURNER-SHELTON CASE WILL REACH THE JURY TODAY ACQUITTAL IS PREDICTED IN MURDER CASE State Case Is Admittedly Weak and Not Guilty Verdict is Generally Expected—Jury Expected to Get Case This Afternoon—Trial Has Been Swift One (Special to the Bee) The trial of Ora Turner and Ernest Shelton charged with the killing of David and Maynard Cox at Fayerdale in February, 1927, was nearing its closing stage when court reconvened after lunch today and the jury was expected to have the case by 4 o’clock. It is generally predicted that an acquittal will be forthcoming since the state’s case is admittedly weak. The two highlights of the trail today were: first, the defense proved that David Cox, the only man whose murder is up, was killed by a .45-caliber bullet, a larger caliber than the weapon carried by Shelton and Turner; second, that the state has proved by eyewitness that powder burns were on the shirt of Dave Cox, showing that he was shot at short range or by Turner Hall. The evidence was completed shortly after noon and the instructions were given by Judge Turner Clement at 12:30 o’clock. The final arguments will last two hours and the case should reach the jury by 4 o’clock. Ora Turner, one of the defendants took the stand this morning and corroborated Ernest Shelton in his recital of what occurred at the scene of the shooting. He testified that Jack Hall deputized him to go with him to the home of John Chaney to arrest David Cox. He said they found David Cox asleep on the bed. They woke him up and he was told of the warrant of his arrest, whereupon Cox reached for his gun. The witness stated that Cox was disarmed and had prepared to accompany the officer when Maynard Cox entered the room and shot Hall. No words were passed. He then grabbed Turner Hall and tried to get his gun. Hall though mortally wounded, twisted the gun from the hands of Maynard Cox and shot and killed David Cox. The witness said Ernest Shelton then shot and killed Maynard Cox. He testified that 25 or more shots were fired. After the stated had failed to produce any evidence that Ora Turner fired any of the shots, the defense moved to strike the case off but Judge Clement refused, ruling that the case must go to the jury. Sheriff F.D. Mays was also a witness and testified that Dave Cox was killed with a .45 caliber bullet which aided the defense case considerably since it was a .38 caliber weapon that Turner carried at the time. Dick Giles testified as to the bullet holes in the body of David Cox. The state introduced a surprise witness in rebuttal. He was Charlie Cox, uncle of Dave Cox. He testified that a few days before the killing, Turner Hall, one of the men shot dead told him that Dave Cox had been accused of reporting a still which was soon after seized and destroyed and stated further that Turner Hall had told him that he had taken about as much off Dave Cox as he could. This evidence was introduced to show that the entire affair was pre- arranged and that the wholesale shooting was over the alleged action of Dave Cox in reporting alleged moonshine activities to prohibition officers. (Special to the Bee) STUART, Va. March 9—Ernest Shelton and Ora Turner, neither looking to be over 20 years who went on trial yesterday charged with the murder of David Cox will hear sometime this evening what their fate will be. When court reconvened this morning only two more witnessed were to be heard. They are Ora Turner and Dick Giles. There are six arguments to be heard and as the instructions were drawn last night, the case should repose with the jury by 3 o’clock this afternoon. This is one of the few murder cases in which nearly everybody says an acquittal is the fate. At the outset yesterday it was made clear that it was not the intention of the state to ask for the electric chair verdict. The state case is admittedly weak and has failed to develop the strong points that were anticipated. The principal difficulty is that the bullet identified as that taken from the clothing of Maynard Cox was of .45 caliber and it has been shown that the two defendants used lighter weapons on the Sunday afternoon of February 6th when at John Chaney’s home at Fayerdale the shooting occurred. At least five guns were brought into play and shot to the exhaustion of every chamber. The Shelton-Turner case will also be long remembered as one of such deed as to exceed Jersey justice for swiftness. Although the two men went on trial yesterday morning, the jury was picked and sworn, opening arguments were heard and seventeen witnessed paraded to the witness chair in record order, leaving two defendant witnesses to be heard today and possibly some rebuttal by the state. As there are two indictments, one for each of the Cox brothers and both could not be tried at the same time, Commonwealth Attorney R.E. Woolwine elected the state’s strongest case in which the death of Dave Cox is an issue. If there is an acquittal it is viewed as almost certain there will be nolle prosequi in the Maynard Cox case. If not then the second indictment will come from the next term of the Patrick court. The explanation of the high speed with which this case has moved lies in the fact that the shooting which laid out three men dead, wounded two more and endangered the lives of 15 children was over and done within less than two minutes. There were only two actual eyewitnesses besides the two Stripling men, who had a part in the gun play. The fact is that they have very little to testify to since the scene, to be retold was of such brief duration. A witness goes to the stand. If he or she knows anything material the interrogation proceeds. If not, the lawyers quickly find out if what they have to say is germane and, as was the case yesterday, when they are repeating hearsay, they are ruled off the stand. The state made an ineffectual effort yesterday to show that long years of bitterness had been endured between the rival groups. Defense objections ruled out the testimony. Even so the Cox murders cannot be laid to a feud in its accepted term. While no evidence of this has gone before the jury, it is patent to court listeners that two groups of men fell out about illicit stilling and the shooting was caused when Ora Turner, (Jack) Hall, and Ernest Shelton went to serve a warrant on Dave Cox for moonshining, not because they felt outraged over a law violation but because they wanted to see someone punished. Mrs. Josie Wickham presented the strongest testimony for the state yesterday. She is a siter of the victims and upon whose evidence the state Is relying. On the Sunday in question, she testified she was in an automobile with Maynard Cox on “the big road” when Euel Nichols came running to the car telling them that the three warrant servers “are fixing to kill Dave.” Maynard and the witness, she testified, jumped from the car and ran to the house 250 yards away. Maynard took out his automatic as he went, the sister continued and she was close behind him “as he went in the door”, she testified. “Ernest Shelton and Jack Turner had their guns on Dave and Dave was backed up there with his hands up and Ernest had his arm on Dave’s shoulder, and I said “Ernest, please don’t kill Dave” and he fired as she said that. Then they turned on Maynard and Maynard began shooting. Maynard shot Jack Hall. Jack shot Maynard. They both fired on him after Ernest shot Dave.” Under cross-examination it was revealed that Ernest Shelton had his pistol touching Dave Cox’s side while his hands were up and that when he saw Maynard coming in with his pistol he fired into Dave’s body killing him. Miss Clara Cox, who was also present corroborated her sister but was a little confused about the actual position of the actors in the fatal drama at close quarters. Mrs. John Chaney testified that she, seeing there was going to be trouble as Maynard Cox hastened to the house, cleared the premises of a dozen or more children spending Sunday there and left herself. John Chaney, her husband who was clipped in the ear with a bullet and got another in the foot running from the house, could not testify as to the actual shooting, for he was retreating when it happened. Dr. L.C. Dickerson, the coroner, testified that two bullets passed completely through the body, entering under the left arm, the two missiles falling out of the man’s clothing when he was being stripped. Arthur Wickham, called as a state witness, could testify to no material facts. Dave Cox, father of the victims sought to show that there had been ill feeling between Shelton, Turner, and Turner Hall and his sons but this evidence was ruled out on defense objection sustained by Judge Clement. Homer Elgin began to testify as to threats made against the Cox brothers but could not be sufficiently specific for his testimony to be legal and he was disqualified. Jeff Chaney left the stand almost as soon as he took it for the same reason and Ada Nichols (a man despite his feminine name) also knew of no material facts. These witnesses presented all of the state’s testimony bearing on Dave Cox’s murder—none being presented with reference to Maynard Cox since this indictment is not before the court at this time. Ernest Shelton took the stand late yesterday evening and was strikingly in conflict in a testimonial capacity with Mrs. Wickham. Jack Hall, he told the jury had summoned him to aid him arresting Dave Cox. He said that he had never had any trouble with the Cox brothers, bore them no ill feeling and went because he was called upon by Hall as an officer to be of possible service. Dave Cox, he was lying on the bed when he, Hall, and Ora Turner arrived. Hall presented the warrant and told Dave Cox his business whereupon Cox asked him to see the warrant. It was being presented when the youth made a dive for his pistol but was disarmed before he could use it. Then, the witness testified that, Cox read the warrant and turning to Hall expressed readiness to go with him to Stuart. They had started out, Shelton said, when Maynard Cox suddenly rushed into the room with a revolver in his hand and began shooting. His first shot, Shelton said killed Turner Hall, whereupon, Shelton said he drew his gun and emptied six chambers all directed at Maynard, most of which hit him. The room was in an uproar and revolvers were speaking quickly and in unison after shooting Maynard Cox, the youthful witness said, he turned to see Dave Cox, who at that moment had not been hit at all grappling with Turner Hall who was mortally stricken. Hall despite his wound succeeded in freeing his revolver shot Dave Cox dead and then fell to the floor groaning to die a moment later. There were five funs in the crowd that afternoon. When the battle was over every one was empty which would account for at least 25 shots. Other witnesses for the defense were Taylor Rorrer, Sheriff Frank Mays of Patrick and Officer O.T. McKay, Emmett Shively, Tom Burnett, and John Foster. All of these witnesses testified to the alleged fact that the bullets which drilled Dave Cox’s body and which were found in his clothing were of .45 caliber —the only gun of that size in the party that afternoon and alleged to have been wielded by Ora Turner. In the picking of the jury one of the prospective jurors said that he was opposed to capital punishment. The defense breathed a sigh of relief when the commonwealth’s attorney waived this objection saying that it was not the intention of the state to ask for the maximum penalty. Among the witnesses called for the defense were: Dr. L.C Dickerson, county coroner; Mrs. Josie Wickham, sister of the Cox brothers; Miss Clara Cox, sister of the Cox brothers; Arthur Wickham; David Cox, father of the slain men; Homer Elgin, Jeff Chaney and A. Nichols. Mrs. Wickham testified that she heard that the Cox boys were being arrested and ran into the house in time to see Ernest Shelton shoot David Cox. Ernest Shelton, Ora Turner, and Turner Hall had gone to the home of John Chaney for the purpose of placing the Cox brothers under arrest for “moonshining”. Ernest Shelton took the stand in his defense and testified that Ora Turner had deputized him to go with him to make the arrest of the Cox brothers. According to Shelton, the shooting began when Maynard Cox ran into the room and shot Turner Hall. He (Shelton) then shot Maynard Cox. Turner Hall then killed Dave Cox, after he had been wounded himself. File at: http://files.usgwarchives.net/va/patrick/newspapers/turnersh23nnw.txt This file has been created by a form at http://www.genrecords.net/vafiles/ File size: 13.3 Kb