Appendix — Swenson v. Stidham

Supreme Court brief1973

Ask Donna

What actually matters in this document.

Text

Warr or CenTronanri TO THE Unrrep STATES

Court or APPEALS FOR THE

Excura Cracorr

Joun C, DanrorTH

Attorney General

Kenneto M. RoMInes

Assistant Attorney General

Supreme Court Building N

Jefferson City Missouri 651

314—636-7131

Attorney for Petitioner

a BL, Musrvaurmusn, Inc., 936 Cherry Strest, Kansas City, Mo. 64106, 481-8080

os eX

pas

INDEX

Volume I

Appendix A—Transcript in State v. Stidham, No.

BST cscisuise char cesdasdccontacapacacsncisousbhdebsuessasasasauspsiessniniundnbdaskions Al

Volume II

Appendix B—Transcript in State v. Stidham, No.

EG 2 ascot hid scsien ca este teenie sth veesag cays daesteceneaatadds A561

Appendix C—Transcript in Stidham v. State, No.

STO teins cesseennsseestanessscetsssscensscensennsssenennssesssnnesessenuess A595

Appendix I—Order of United States District Court

Dismissing Reinstated Appeal in Stidham v. Swen-

a | eS. | ee ee ee A759

Appendix J—Opinion of the United States District

Court in Stidham v. Swenson, No. 18771-2 ............ A760

Appendix K—Opinion of the Eighth Circuit Court of

Appeals in Stidham v. Swenson, No. 20685 ............ A765

Appendix L—Order Denying Petition for Rehearing

En Banc Before the United States Court of Appeals

for the Eighth Circuit in Stidham v. Swenson, No.

eisai a sess tiveness senta puas ses esta scactep ae ctgnn dae eoseabasetien A777

Al

APPENDIX A—Transcript in: State v. Stidham,

No. 45537

[1] IN THE

CIRCUIT COURT WITHIN AND FOR THE COUNTY

OF BUTLER, STATE OF MISSOURI

STATE OF MISSOURI, )

Plaintiff, )

Vs. ) No. 3158

JAMES WILLIAM STIDHAM, )

Defendant. )

MURDER IN THE FIRST DEGREE

APPEARANCES:

For the Plaintiff: James T. Riley, Esq., Prosecuting

Attorney, Cole County, Jefferson City, Missouri. Rex A.

Henson, Esq., Prosecuting Attorney, Butler County, Duncan

Building, Poplar Bluff, Missouri.

For the Defendant: Mark Murray Hennely, Esq., At-

torney at Law, Suite 1832-34 Arcade Bldg., 812 Olive Street,

St. Louis 1, Missouri.

{2] STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

BE IT EVER REMEMBERED, That on this the 23rd

day of November, 1954, at the regular September Term,

1954, at the Circuit Court of Cole County, Missouri, begun

and held at the Court House in the City of Jefferson, in

the County and State aforesaid, before the Honorable Sam

C. Blair, Judge of the 14th Judicial Circuit of the State

of Missouri and Judge of this Court, the following, among

other proceedings, were had, to-wit:

,

A2

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI -

SEPTEMBER TERM 1954

: TUESDAY NOVEMBER 23rd, 1954

State of Missouri, )

Plaintiff, )

VS. ) No. 5259

JAMES WILLIAM STIDHAM, DON WIL- )

LIAM DE LAPP, et al., )

Defendants. )

Now at this day Grand Jury Indictment charging Mur.

der is received and filed and capias warrants issued by

the Clerk.

(Which said Grand Jury Indictment is in writing and

appearing in the following words and figures, to-wit: )

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

SEPTEMBER TERM, 1954

Filed

Nov. 23, 1954

Guy M. Stone

Clerk

A3

STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

3] State of Missouri, )

Plaintiff, )

vs. ) No. 5259

William R. Hoover, Jackie Lee Noble, Paul )

Edward Kenton, James William Stidham, )

Rollie Laster, Don Wm. DeLapp, and )

Joseph M. Vidauri, )

Defendants. )

INDICTMENT

The Grand Jurors of the State of Missouri, duly sum-

moned from the body of the County of Cole, State of Mis-

souri, and duly impaneled, sworn, and charged to inquire

within and for said County, upon their oaths, present and

charge that William R. Hoover, Jackie Lee Noble, Paul Ed-

ward Kenton, James William Stidham, Rollie Laster, Don

Wm. DeLapp, and Joseph M. Vidauri, on or about the 22nd

day of September, 1954, at the County of Cole, State of

Missouri, did then and there feloniously, wilfully, de-

liberately, premeditatedly, on purpose and of their malice

aforethought, make an assault upon one Walter Lee Don-

nell and then and there with dangerous and deadly weap-

ons, to-wit: a sledge hammer, and a knife, and another

sharp instrument or dagger, the exact nature of which is

unknown to these Grand Jurors, a wooden table leg, and

other blunt instruments, the exact nature of which is un-

known to these Grand Jurors, and their fists and hands and

feet, the said William R. Hoover, [4] Jackie Lee Noble,

Paul Edward Kenton, James William Stidham, Rollie Las-

ter, Don Wm. DeLapp, and Joseph M. Vidauri, did felo-

niously, wilfully, deliberately, premediatedly, on purpose,

and of their malice aforethought, forcibly strike, hit, stab,

A4

cut, beat, and stomp the said Walter Lee Donnell, thus ang

thereby by the means aforesaid and in the manner afore.

said feloniously, wilfully, deliberately, premeditatedly, on

purpose, and of their malice aforethought, giving then anq

there to the said Walter Lee Donnell about his face, heaq

and body, mortal wounds of which mortal wounds the saiq

Walter Lee Donnell on or about the 22nd day of September,

1954, at the County of Cole, State of Missouri, did die.

And so the Grand Jurors, as aforesaid, upon their

oaths, as aforesaid, do say that the said William R. Hoover,

Jackie Lee Noble, Paul Edward Kenton, James William

Stidham, Rollie Laster, Don Wm. DeLapp, and Joseph M.

Vidauri, by the means aforesaid and in the manner and

form aforesaid, at Cole County, State of Missouri, did fe-

loniously, wilfully, deliberately, premediatedly, on pur-

pose, of their malice aforethought, did kill and murder the

said Walter Lee Donnell, against the peace and dignity of

the State.

A True Bill °

(Signed) Victor Witthaus

Foreman of the Grand Jury

(Signed) James T. Riley

Prosecuting Attorney

Cole County, Missouri

[5] Witnesses for State:

G. Donald Shull Thomas Pasley

W.S. Barton J. J. Rouse

John Bauer R. N. Eidson

Walter Eitzman Hugh Waggoner

P. R. Little J.C. Smith

Charles Billings Clarence Dietzel

R. C. Caldwell Jefferson T. Gentry

Jesse Renderer Ben H. Cederburg

Edw. H. Schaaf P. E. Cor]

Joe Lamar Otto S. Atkinson

AS

Otto McDermott Oscar Carrington

E. Brown Thomas Crane

H. M. Fennimore William Steinhauser

John F. Williams Bernard Poiry

James O. Rhoads J. G. Hanchey

Walter Eitzman Sylvester Dulle

Elmer Oberbech James Eynard

Thomas Jenneman Herman Trout

E. V. Nash Richard V. Gonzales

p. M. Inman James Marvin Creighton

Earl E. Barkley Charles Henry Ford

Ralph King William Henry Kauffman

Leon Wade Harry (Woody) Miles

Martin Jenson”

[6] (Which said Capias Warrant as to Defendant

Don Wm. DeLapp is in writing and appearing in the fol-

lowing words and figures, to-wit: )

CAPIAS

STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

THE STATE OF MISSOURI, T@,THE SHERIFF OF

COLE COUNTY,—GREETING: -

YOU ARE HEREBY COMMANDED to take the body

of James Wm. Stidham if he be found in your county, and

him safely keep so that you have his body before the Cir-

cuit Court of Cole County on the First Monday in December

next, then and there to answer unto the State of Missouri

on an indictment for Murder whereof he stands charged,

and have you then and there this Writ, and do you certify

to our said Court how you execute this writ.

IN TESTIMONY WHEREOF, I, Guy M. Sone, Clerk of

said County, have hereunto set my hand and seal of said

scl A AGA AAT Sie SIO

| oe Bey tek en tT ee eae

A6

Court, at office in the City of Jefferson, this 23rd day of

November, A. D. 1954.

(Seal) (Signed) Guy M. Sone, Clerk

SHERIFF'S RETURN

I certify that on the 23rd day of November, 1954 |

read the within Capias to the within named Don William

DeLapp within his hearing and presence.

[7] Witness my hand this 23rd day of November, 1954,

in the County of Cole, State of Missouri.

Ben S. Markway, Sheriff

(Signed) S. H. Smith, Deputy

Fee $1.00

AND THEREAFTER, to-wit, on the same day, to-wit,

November 23rd, 1954, the following further proceedings .

were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

SEPTEMBER TERM 1954

TUESDAY NOVEMBER 23rd 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, Don Wm. DeLapp, )

et al., )

Defendants. )

Now at this day comes James T. Riley, Prosecuting

Attorney within and for Cole County, Missouri, and come

the Defendants, William R. Hoover, Jackie Lee Noble, Paul

Edward Kenton, James William Stidham, Rollie Laster,

Don William DeLapp, and Joseph M. Vidauri, in open

Court and all defendants duly arraigned.

AT

It is ordered by the Court that the Clerk of this Court

be ordered to furnish each defendant with a certified copy

of the indictment herein within twenty-four hours.

[8] The Court finds alleged offenses and defendants

are not bailable and the Court orders each defendant com-

mitted to the custody of the Warden of the State Peniten-

tiary-

And now, come Defendants James William Stidham,

Joseph M. Vidauri, Jackie Lee Noble and Rollie Laster’ and

request the Court to appoint Mark Hennelly, St. Louis,

Missouri, their counsel, and he is so appointed.

It is further ordered by the Court that John H.

Hendren be appointed to represent Defendant William

R. Hoover.

It is further ordered by the Court that Mark Hennelly

be appointed to represent Don William DeLapp.

It is ordered by the Court that defendant Paul Ed-

ward Kenton be granted time to obtain counsel.

It is further ordered by the Court that S. W. James,

Jr. be appointed counsel for Jackie Lee Noble.

It is further ordered by the Court that Russell T.

Keyes be appointed counsel for Don William DeLapp.

It is further ordered by the Court that Tweedie Fisher

be appointed counsel for Joseph M. Vidauri.

It is further ordered by the Court that H. P. Andre

be appointed counsel for William R. Hoover.

AND THEREAFTER, to-wit, on December 6, 1954,

the following further proceedings were had herein:

A8

[9] IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 6th, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, Don Wm. DeLapp, )

et al., )

Defendants. )

On this 6th day of December, 1954, the Court, exer-

cising the authority vested by Rule 25.06, Rules of Crimina]

Procedure, adopted by the Supreme Court April 14, 1952,

and effective January 1, 1953, determines and orders that

all motions raising defenses and objections, or for pro-

duction of documents or evidence or discovery, except

where issues of fact are involved which are required by

the Constitution or by the Laws of this State to be tried

by jury; shall be filed in this cause on or before Decem-

ber 15, 1954, and shall be presented to the Court on Law

Day, December 20, 1954, or as soon thereafter as the

Court can hear defendants and their counsel.

AND THEREAFTER, to-wit, on the same day, Decem-

ber 6th, 1954, the following further proceedings were had

herein:

A9

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 6th, 1954

(10) State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, Don Wm. DeLapp, )

et al., )

Defendants. )

Now at this day, at his request, the Court permits

Mark Hennelly to withdraw as counsel for all defendants

except James William Stidham, owing to what be be-

lieves to be an apparent conflict between the interests of

the several defendants.

AND THEREAFTER, to-wit, on the same day, De-

cember 6th, 1954, the following further proceedings were

had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 6th, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, Don Wm. DeLapp, )

et al., )

Defendants. )

Now at this day comes James T. Riley, Prosecuting

Attorney within and for Cole County, Missouri; and come

Defendants William R. Hoover, Jackie Lee Noble, James

Al0

William Stidham, Rollie Laster, Don William DeLapp ang

Joseph M. Vidauri, [11] in their own proper person and

by their attorneys and enter herein a plea of not guilty

to the charge contained in the indictment, with leave to

withdraw the same.

AND THEREAFTER, to-wit, on the same day, Decem.

ber 6th, 1954, the following further proceedings were had

herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 6th, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, Don Wm. DeLapp, )

et al., )

Defendants. )

Now at this day it is ordered by the Court that all per-

missions for withdrawal of pleas of not guilty is for the

purpose of permitting defendants to file motions in com-

pliance with the Court’s order of this date.

AND THEREAFTER, to-wit, on December 14th, 1954,

the following further proceedings were had herein:

All

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

TUESDAY DECEMBER 14, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

[12] Now at this day comes defendant, James William

stidham, by his attorney, and files his Motions for Pro-

duction and Inspection, To Dismiss, for a Severance, for a

Polygraph Examination and to Suppress.

(Which said Motion for Production and Inspection is

in writing and appearing in the following words and figures,

to-wit: )

“In the

Circuit Court of Cole County, Missouri

December Term, 1954

Filed

Dec. 14, 1954

Guy M. Sone

Clerk.

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

William R. Hoover, et al., )

Defendants. )

MOTION OF DEFENDANT, JAMES WILLIAM

STIDHAM FOR PRODUCTION AND

INSPECTION

1. Defendant James William Stidham moves the Court

for an order requiring the Prosecuting Attorney to produce

; BH, %,

; patie :

ote,

Al2

and to permit the defendant to inspect and copy at a time

and place set by the Court before trial of this cause aj]

statements claimed by the State to have been made by

the defendant which the State intends to offer into eyj.

dence at the trial of defendant.

[13] 2. That the inspection and copying of the state.

ments are necessary to enable this defendant to prepare

his case for trial and that defendant cannot safely proceed

to trial unless and until he has such information.

(Signed )

Mark M. Hennelly

Attorney for Defendant

James William Stidham,

1832 Arcade Building

St. Louis 1, Missouri

Chestnut 1-2242.”

(Which said Motion to Dismiss is in writing and ap-

pearing the following words and figures, to-wit: )

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM, 1954

Filed

Dec. 14, 1954

Guy M. Sone

Clerk

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

WILLIAM R. HOOVER, et al., )

Defendants. )

MOTION OF DEFENDANT, JAMES WILLIAM

STIDHAM, TO DISMISS

Defendant moves the Court to dismiss the Indictment

for the following reason:

Al3

The indictment is duplicitous for the reason that it

[14] purports to charge two crimes. It purportedly charges

both a homicide and an assault with intent to kill.

(Signed)

Mark M. Hennelly

Attorney for Defendant

James William Stidham

1832 Arcade Building

St. Louis 1, Missouri

Chestnut 1-2242.”

(Which said Motion for a Severance is in writing and

appearing in the following words and figures, to-wit: )

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

William R. Hoover, et al., )

Defendants. )

MOTION OF DEFENDANT, JAMES WILLIAM

STIDHAM FOR A SEVERANCE

Defendant, James William Stidham, moves the Court

to grant him a severance from his co-defendants.

1. He has an absolute right to a severance.

9. Evidence in this case will be introduced by the

State which will be prejudicial against him and which

would be inadmissible against him at a separate trial.

bi

Al4

3. The defendant, as well as his co-defendants, wil]

[15] obtain a fairer and more impartial trial if he is trieq

alone.

(Signed)

Mark M. Hennelly

Attorney for Defendant

James William Stidham

1832 Arcade Building

St. Louis 1, Missouri

Chestnut 1-2242.”

(Which said Motion for a Polygraph Examination js

in writing and appearing in the following words and

figures, to-wit: )

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM, 1954

Filed

Dec. 14, 1954

Guy M. Sone

Clerk.

State of Missouri, )

Plaintiff, )

VS. ) No. 5259

William R. Hoover, et al., )

Defendants. )

MOTION OF DEFENDANT, JAMES WILLIAM

STIDHAM FOR A POLYGRAPH

EXAMINATION

Defendant, James William Stidham, moves the Court

to appoint an independent polygraph examiner or any other

examiner qualified to administer any other type of “lie

detector” examination described by the Court, for the pur-

Al5

pose of interrogating him relative to the charges set forth

in the indictment in this [16] cause at such time and in

the presence of such people as the Court shall designate

and as grounds for this motion states:

1. Such an examination will assist this defendant in

establishing his innocence of the charge set forth in the

Indictment.

9. Defendant intends to introduce into evidence the

testimony of such examiner and the result of such exam-

jnation.

This defendant further states to the Court that he is

willing to pay the costs of such examination.

(Signed )

Mark M. Hennelly;

Attorney for Defendant

, James William Stidham

1832 Arcade Building

St. Louis 1, Missouri

Chestnut 1-2242.”

(Which said Motion to Suppress is in writing and

appearing in the following words and figures, to-wit: )

= . 4 —

9s Mt in th te Le at

a SOT cise Rh sich Nie SIN CORSA BREDA

ge he = %

sl ta Fn Dee eb ES abe

| 2 eri ch dil Acs s eSB

Al6

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM, 1954

Filed

Dec. 14, 1954

Guy M. Sone

Clerk.

State of Missouri, )

Plaintiff, )

VS. ) No. 5259

William R. Hoover, et al., )

Defendants. )

[17] MOTION OF DEFENDANT, JAMES

WILLIAM STIDHAM TO

SUPPRESS

Defendant, James William Stidham, moves the Court

to Suppress as evidence any and all statements claimed to

have been made by this defendant to peace officers of the

State of Missouri, to guards and officers of the Missouri

State Penitentiary and to other officials of the State of

Missouri and as grounds for this motion states:

1. All of the aforementioned alleged statements were

involuntary and as a result of physical force and threats

of physcial force applied against this defendant by police

officers of the City of St. Louis, guards of the Missouri

State Penitentiary and officers of the Missouri Highway

Patrol.

2. The use of any of the aforementioned statements

against this defendant would contravene his right to due

processes of law as guaranteed by the due process clause

of Article I section 10 of the Missouri Constitution and

Amendment 14 of the United States Constitution, and would

Al7

contravene his privileges against self-incrimination and as

guaranteed by Article I Section 19 of the Missouri Con-

stitution.

3 This defendant was further denied the assistance of

counsel by not being permitted counsel at the time of the

alleged statements in violation of Article I Section 18 (a)

of the Missouri Constitution.

(18] (Signed )

Mark M. Hennelly

Attorney for Defendant

James William Stidham

1832 Arcade Building

St. Louis 1, Missouri

Chestnut 1-2242.”

AND THEREAFTER, to-wit, on December 20th, 1954,

the following further proceedings were had herein:

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1994

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day Motion of Defendant James William

Stidham, for a severance is by the Court taken up and

granted.

AND THEREAFTER, to-wit, on the same day, Decem-

ber 20th, 1954, the following further proceedings were had

herein:

RAR BARE

Als

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1954

State of Missouri, )

Plaintiff, )

vs. —) No. 5259

James William Stidham, )

Defendant. )

Now at this day Motion of Defendant James William

Stidham [19] to Dismiss is by the Court taken up and after

hearing argument of counsel, doth overrule said Motion

to Dismiss.

AND THEREAFTER, to-wit, on the same day, Decem-

ber 20th, 1954, the following further proceedings were had

herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1954

State of Missouri, )

Plaintiff, )

VS. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day Motion for Polygraph Examination

by Defendant James William Stidham is by the Court taken

up and after hearing argument of counsel, doth take said

motion under advisement.

AND THEREAFTER, to-wit, on the same date, De-

cember 20th, 1954, the following further proceedings were

had herein:

Al1g

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20th, 1954

State of Missouri, )

Plaintiff, )

v6. ) No. 5259

James William Stidham, ; )

Defendant. )

[20] Now at this day Motion to Suppress by defend-

ant James William Stidham is by the Court taken up and

after hearing argument of counsel, doth overrule said Mo-

tion to Suppress.

AND THEREAFTER, to-wit, on the same day, the

0th day of December, 1954, the following further pro-

ceedings were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day Motion for Production of Statement

on behalf of Defendant James William Stidham is by the

Court taken up and after hearing argument of counsel,

doth take said Motion under advisement.

AND THEREAFTER, to-wit, on the same day, Decem-

ber 20th, 1954, the following further proceedings werc had

herein:

on

SabhEA ane ins 4 SRT RNA

AERA RE Ae atin ass 340

Nine Tee

eit

A20

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1954

State of Missouri, )

. Plaintiff, )

[21] vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day it is ordered by the Court that De.

fendant James William Stidham be granted until Decem-

ber 24th, 1954, to file brief herein.

AND THEREAFTER, to-wit, on Monday, December

20th, 1954, the following further proceedings were had

herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1954

State of Missouri, )

Plaintiff, )

vs. - ) No. 5259

James William Stidham, )

Defendant. )

Now at this day it is ordered by the Court that the

State of Missouri be granted leave to endorse the names

of additional witnesses upon the Indictment.

AND THEREAFTER, to-wit, on the same day, Decem-

ber 20th, 1954, the following further proceedings were had

herein: 2

A21

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY DECEMBER 20, 1954

(22] State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day it is ordered by the Court that the

case of James William Stidham be set for trial on January

96th, 1955.

AND THEREAFTER, to-wit, on December 23rd, 1954,

the following further proceedings were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

THURSDAY DECEMBER 23, 1954

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day it is ordered by the Court that all

applications for Polygraph Tests are overruled as to each

Defendant who has filed same.

AND THEREAFTER, to-wit, on January 3rd, 1955, the

following further proceedings were had herein:

hires URES st Sa hie aA Pea i

eT ee ee ne Te

A22

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

[23] DECEMBER TERM 1954

MONDAY JANUARY 3, 1955

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, et al., )

Defendants. )

Now at this day it is ordered by the Court that rulings

on Motions to Produce as per opinion filed this date. (See

opinion )

AND THEREAFTER, on January 13th, 1955, the fol-

lowing further proceedings were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

THURSDAY JANUARY 13, 1955

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, et al., )

. Defendants. )

Now at this day comes James T. Riley, Prosecuting

Attorney, and confesses motions for production, hereto-

fore argued on January 12th, 1955, and volunteers to pro-

duce same within twenty-four hours.

And now, the Court reconsiders the Motion of Defend-

ant James William Stidham, and sets aside ruling hereto-

fore made [24] herein. And now, comes the Prosecuting

A23

Attorney and confesses motion of Defendant James William

Stidham for production and volunteers to produce same

within twenty-four hours.

AND THEREAFTER, to-wit, on January 24th, 1955, the

following further proceedings were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

MONDAY JANUARY 24, 1955

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day comes the defendant, James William

Stidham, by his attorneys, and files his application for con-

tinuance, which is presented and by the Court granted.

It is further ordered by the Court that the cause of

State of Missouri vs. James William Stidham be set for

9:00 A. M. on February 15th, 1955.

AND THEREAFTER, said Motion of Defendant, James

William Stidham for Continuance is in writing and ap-

pearing in the following words and figures, to-wit:

A24

“IN THE

CIRCUIT COURT OF COLE COUNTY,

STATE OF MISSOURI

[25] Filed

1-24-55

Sam C. Blair

Judge

State of Missouri, )

Plaintiff, )

vs. )

William R. Hoover, et al., )

Defendants. )

MOTION OF DEFENDANT, JAMES WILLIAM

STIDHAM FOR CONTINUANCE

Defendant, James William Stidham, moves the Court

to grant him a continuance in the above captioned cause

and as grounds for this motion states:

1. On the basis of a copy of the written statement

given the police by the defendant which was during the

preceding week made available to defendant and his coun-

sel certain depositions of endorsed State witnesses appear

necessary in order that defendant may prepare a proper

defense to the charges against him.

2. Due to the fact that one of defendant’s co-defend-

ants is on trial at this time the attendant publicity and

notoriety surrounding this matter will serve to re-arouse

the citizens of this community and will create bias and

A25

prejudice to such an extent that it will be impossible for

the defendant to have a fair trial.

(26] (Signed)

Mark M. Hennelly

William B. Kelleher

Attorneys for Defendant

1832 Arcade Bldg.,

St. Louis, Mo.”

AND THEREAFTER, to-wit, on February 14th, 1955,

the following further proceedings were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

FEBRUARY TERM 1955

MONDAY FEBRUARY 14, 1955

State of Missouri, )

Plaintiff, )

. vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day comes James T. Riley, Prosecuting

Attorney, and comes the defendant James William Stid-

ham, by his attorney, William B. Kelleher, and files his

application for change of venue and presents same to the

Court, and the Court being advised in the matter, does

deny said application for change of venue on ground affi-

davits state no facts and Notice given at 4:45 P.M. on this

date is insufficient, this cause being set for trial at 9:00

AM., February 16th, 1959.

AND THEREAFTER, to-wit, on February 15th, 1955,

the [27] following further proceedings were had herein:

hog bead ea kt WA.GaS SSR Reet cae a

oo Nae ee bl

aha A casa as

A26

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

FEBRUARY TERM 1955

TUESDAY FEBRUARY 15, 1955

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James Wm. Stidham, )

Defendant. )

Now at this day comes the Defendant, James William

Stidham, by his attorney William B. Kelleher, and files

his Application for Change of Venue, at 1:45 P.M. this

day, accompanied by affidavits. No notice given the

prosecuting Attorney of intention to file this application

until 1:30 P.M. this date.

And now, comes the Defendant, by his attorney, and

presents his application for Change of Venue to the Court

at 1:45 P.M. this date, which is considered and by the

Court denied for want of reasonable notice.

(Which said Application and Affidavit for Change of

Venue, together with Supporting Affidavits are in writ-

ing and appearing in the following words and figures,

to-wit: )

A27

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

RE-FILED

Feb. 15, 1955 Filed

at 4:40 P.M. 9-15-55

Guy M. Sone Sam C. Blair

Clerk Judge

[28] State of Missouri, )

Plaintiff, )

vs. ) No. 5259

William R. Hoover, et al, )

Defendants. )

To: The Hon. James T. Riley, Pros. Attorney, in and

for the County of Cole, Missouri:

Please take notice that the defendant, James W. Stid-

ham, by his attorney, William Kelleher, will file in the

above entitled cause his Application and Affidavit of five

disinterested citizens, residing in different neighborhoods

of this county this 15th day of February, 1955.

AND PLEASE TAKE FURTHER NOTICE

That on the 15th day of February, 1955. at 1 ocicck

in the afternoon or as soon thereafter as counsel may be

heard, the undersigned attorney for the defendant, will

call up for hearing before the Hon. Sam C. Blair, the above

Application and Affidavit of defendant, James W. Stid-

ham.

(Signed)

William B. Kelleher

Arcade Bidg.,

St. Louis, Mo.

Received a copy of the foregoing Notice this Febru-

ary 15th, 1955, at 6:40 P.M.

(Signed) James T. Riley

ee |

pee ee

BPE Ls

Mg Bs

A28

[29] IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

Re-filed , Filed

2-15-55 2-15

@ 4:40 P.M. Sam C. Blair

Guy M. Sone Judge

Clerk

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

William R. Hoover, et al., )

Defendants. )

APPLICATION AND AFFIDAVIT FOR CHANGE OF

VENUE

Now comes James W. Stidham, defendant in the above

entitled cause and states that by indictment of Novem-

ber 23, 1954, charging this defendant with first degree

murder of one Walter Lee Donnell, this defendant will be

tried and held to answer said Indictment as provided by

Law; and by this application and affidavit for change of

venue states that this affiant has good reason and does

believe that he cannot have a fair and impartial trial in

said cause in Cole County, Missouri for the reasons that

newspapers, television, radio, magazines and other man-

ner and means of disseminating stories about this defend-

ant have caused the minds of citizens of Cole County to

be biased and prejudiced against this defendant; that the

outcome and publicity arising out of the trial of State of

Missouri vs. Donald DeLapp, concluded January 28th,

1955, has caused bias and prejudice in the minds of the

citizens [30] of Cole County against this defendant; that

the above facts have become known to this defendant,

first, within the past three days preceding the filing of

A29

this application and affidavit and during all of the above

time this defendant has been confined and in custody at

the Missouri State Penitentiary.

(Signed)

James W. Stidham

STATE OF MISSOURI )

) ss.

COUNTY OF COLE )

James W. Stidham, being first duly sworn, on his oath,

states that he has signed the above Application and Affi-

davit for Change of Venue and that the facts stated therein

are true to his best knowledge and belief and believes

that he cannot have a fair and impartial trial because the

minds of the inhabitants and citizens of Cole County, Mis-

souri, are prejudiced and biased against him.

(Signed)

James W. Stidham

Witness my hand and seal February 15th, 1955.

(Signed)

W. C. Sanders

(Seal) Notary Public.

My Com. Exps. February 15, 1958.

A30

[31] “IN THE

CIRCUIT- COURT OF COLE COUNTY, MISSOURI

Re-filed Filed

Feb. 15, ’55 2-15-55

@ 4:40 P.M. Sam C. Blair

Guy M. Sone Judge

Clerk

STATE OF MISSOURI, a)

Plaintiff, )

vs. ) No. 5259

WILLIAM R. HOOVER, et al. )

Defendants. )

‘ AFFIDAVIT IN SUPPORT OF APPLICATION OF

DEFENDANT JAMES WM. STIDHAM FOR A

CHANGE OF VENUE

Comes now Mrs. H. J. Schulte, a credible disinter-

ested citizen residing in the Marion Township neighbor-

hood of Cole County, Missouri, being duly sworn, deposes

‘ and says that she has discussed with citizens of the neigh-

; borhood in which she resides and has heard discussed by

citizens in the neighborhood in which she resides the

charge or charges made against defendant James William

Stidham in the above captioned case and also other

charges made by the State of Missouri against other in-

mates of the Missouri State Penitentiary at Jefferson City,

4 Missouri, arising out of incidents and events which oc-

curred at said Penitentiary on September 22 and 23, 1954,

and that the comments, opinions and conclusions of citi-

zens residing in the Marion Township neighborhood are

unfavorable concerning the said James William Stidham

and other inmates of the Missouri [32] State Penitentiary

against whom criminal charges have been made for and

arising out of events and incidents which occurred at said

MS REET paees

A31

penitentiary on the dates aforesaid; that, generally, the

citizens of said neighborhood express the opinion or con-

clusion that defendant James William Stidham and other

inmates of said penitentiary charged by the State of Mis-

souri with crimes arising out of said events and incidents

are guilty of the crimes charged and should be severely

punished for said crimes; and that, generally, there pre-

vails among the citizens of said neighborhood hostility

and bias against defendant James William Stidham and

other inmates of said penitentiary charged with crimes

arising out of said incidents and events, with reference

to their guilt or innocence of said charges.

WHEREFORE, your affiant says that he verily be-

lieves that the minds of the citizens of Cole County, Mis-

souri, are so prejudiced against the defendant that the

defendant cannot have a fair trial in said County of the

charges brought against him in the above captioned case.

Your affiant says further that she is not related by blood

or marriage to or of counsel for the defendant James Wil-

liam Stidham.

Dated this 15th day of February, 1955.

/s/ Mrs. H. J. Schulte

Route 5

Jefferson City, Mo.

[33] STATE OF MISSOURI )

) ay

COUNTY OF COLE )

Subscribed and sworn to February 15th, 1955, before

me, a Notary Public in and for Cole County, Missouri.

My commission expires February 15, 1958.

(Signed )

W. C. Sanders

(Seal) Notary Public.”

A32

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

Re-filed Filed

Feb. 15, ’55 2-15-55

@ 4:40 P.M. Sam C. Blair

Guy M. Sone Judge

Clerk

STATE OF MISSOURI, )

Plaintiff, )

vs. ) No. 5259

WILLIAM R. HOOVER, et al., )

Defendants. )

AFFIDAVIT IN SUPPORT OF APPLICATION OF

DEFENDANT James Wm. Stidham

FOR A CHANGE OF VENUE

Comes now James H. Brand, a credible disinterested

citizen residing in the Liberty Township neighborhood of

Cole County, Missouri, being duly sworn, deposes and

says that he has discussed with citizens of the neighbor-

: hood in which he resides and has heard discussed by citi-

4 zens in the neighborhood in which he resides the charge

4 or charges made against defendant James William Stid-

ham in the above captioned case and also [34] other

charges made by the State of Missouri against other in-

mates of the Missouri State Penitentiary at Jefferson City,

Missouri, arising out of incidents and events which oc-

curred at said penitentiary on September 22 and 23, 1954,

: and that the comments, opinions and conclusions; of citi-

é zens residing in the Liberty Township neighborhood are

unfavorable concerning the said James William Stidham

; and other inmates of the Missouri State Penitentiary

against whom criminal charges have been made for and

arising out of events and incidents which occurred at said

phils De i Se

ora

A33

penitentiary on the dates aforesaid; that, generally, the

citizens of said neighborhood express the opinion or con-.

clusion that defendant James William Stidham and other

inmates of said penitentiary charged by the State of Mis-

souri with crimes arising out of said events and incidents

are guilty of the crimes charged and should be severely

punished for said crimes; and that, generally, there pre-

vails among the citizens of said neighborhood hostility

and bias against defendant James William Stidham and

other inmates of said penitentiary charged with crimes

arising out of said incidents and events, with reference

to their guilt or innocence of said charges.

WHEREFORE, your affiant says that he verily be-

lieves that the minds of the citizens of Cole County, Mis-

souri, are so prejudiced against the defendant that the

defendant cannot have a fair trial in said County of the

charges brought against [35] him in the above captioned

case. Your affiant says further that he is not related by

blood or marriage to or of counsel for the defendant

James William Stidham.

Dated this 15th day of February, 1955.

(Signed )

James H. Brand

RR #3, Jefferson City, Mo.

STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

Subscribed and sworn to February 15th, 1955, before

me, a Notary Public in and for Cole County, Missouri.

My commission expires February 15, 1958.

(Signed)

W. C. Sanders

(Seal) Notary Public.”

iotebe aac RTL Maa i IRR:

7

A34

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOUR]

Re-filed Filed

Feb. 15, ’55 . 2-15-55

@ 4:40 P.M. Sam C. Blair

Guy M. Sone Judge

Clerk ©

STATE OF MISSOURI, )

Plaintiff, )

vs. ) No. 5259

WILLIAM R. HOOVER, ET AL )

Defendants. )

AFFIDAVIT IN SUPPORT OF APPLICATION OF

DEFENDANT JAMES WM. STIDHAM

FOR A CHANGE OF VENUE

[36] Comes now Charles J. Kolb, a credible disinter-

ested citizen residing in the Jefferson Township neigh-

borhood of Cole County, Missouri, being duly sworn,

deposes and says that h® has discussed with citizens of

the neighborhood in which he resides and has heard dis-

cussed by citizens in the neighborhood in which he resides

the charge or charges made against defendant James Wil-

liam Stidham in the above captioned case and also other

charges made by the State of Missouri against other in-

mates of the Missouri State Penitentiary at Jefferson City,

Missouri, arising out of incidents and events which oc-

curred at said penitentiary on September 22 and 23, 1954,

and that the comments, opinions and conclusions of citi-

zens residing in the Jefferson Township neighborhood are

unfavorable concerning the said James William Stidham

and other inmates of the Missouri State Penitentiary

against whom criminal charges have been made for and

arising out of events and incidents which occurred*at said

A35

penitentiary on the dates aforesaid; that, generally, the

citizens of said neighborhood express the opinion or con-

clusion that defendant James William Stidham and other

inmates of said penitentiary charged by the State of Mis-

souri with crimes arising out of said events and incidents

are guilty of the crimes charged and should be severely

punished for said crimes; and that, generally, there pre-

vails among the citizens of said neighborhood hostility

and bias against defendant James William Stidham and

other inmates of said penitentiary [37] charged with

crimes arising out of said incidents and events, with ref-

erence to their guilt or innocence of said charges.

WHEREFORE, your affiant says that he verily be-

lieves that the minds of the citizens of Cole County, Mis-

souri, are SO prejudiced against the defendant that the

defendant cannot have a fair trial in said County of the

charges brought against him in the above captioned case.

Your affiant says further that he is not related by blood

or marriage to or of counsel for the defendant James Wil-

liam Stidham.

Dated this 15th day of February, 1955.

(Signed)

Charles J. Kolb

Rt. #4

Jefferson City, Mo.

STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

Subscribed and sworn to February 15th, 1955, before

me, a Notary Public in and for Cole County, Missouri.

My commission expires February 15, 1958.

(Signed )

W. C. Sanders

(Seal) Notary Public.”

*

¥

4

BY

ee

“ie SR TAY

BPs desiicercnin: Beene

4

A36

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSouRI

Re-filed Filed

Feb. 15, ’55 2-15-55

@ 4:40 P.M. Sam C. Blair

Guy M. Sone Judge

Clerk

[38] STATE OF MISSOURI, )

Plaintiff, )

vs. ) No. 5259

WILLIAM R. HOOVER, ET AL )

Defendants. )

AFFIDAVIT IN SUPPORT OF APPLICATION OF

DEFENDANT JAMES WM. STIDHAM

FOR A CHANGE OF VENUE

Comes now Norbert Schellman, a credible disin-

terested citizen residing in the Jefferson Township neigh-

borhood of Cole County, Missouri, being duly sworn, de-

poses and says that he has discussed with citizens of the

neighborhood in which he resides and has heard discussed

by citizens in the neighborhood in which he resides the

charge or charges made against defendant James William

Stidham in the above captioned case and also other

charges made by the State of Missouri against other in-

mates of the Missouri State Penitentiary at Jefferson City,

Missouri, arising out of incidents and events which oc-

curred at said penitentiary on September 22 and 23, 1954,

and that the comments, opinions and conclusions of citi-

zens residing in the Jefferson Township neighborhood are

unfavorable concerning the said James William Stidham

and other inmates of the Missouri State Penitentiary

against whom criminal charges have been made for and

arising out of events and incidents which occurred at said

Cm)

A37

penitentiary on the dates aforesaid; that, generally, the

citizens of said neighborhood express the opinion or [39]

conclusion that defendant James William Stidham and

other inmates of said penitentiary charged by the State

of Missouri with crimes arising out of said events and

incidents are guilty of the crimes charged and should be

severely punished for said crimes; and that, generally,

there prevails among the citizens of said neighborhood

hostility and bias against defendant James William Stid-

ham and other inmates of said penitentiary charged with

crimes arising out of said incidents and events, with

reference to their guilt or innocence of said charges.

WHEREFORE, your affiant says that he verily be-

lieves that the minds of the citizens of Cole County, Mis-

souri, are so prejudiced against the defendant that the

defendant cannot have a fair trial in said County of the

charges brought against him in the above captioned case.

Your affiant says further that he is not related by blood

or marriage to or of counsel for the defendant James Wil-

liam Stidham.

Dated this 15th day of February, 1955.

(Signed )

Norbert J. Schellman

52314, Madison Street

Jefferson City, Mo.

STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

Subscribed and sworn to February 15th, 1955, before

me, a Notary Public in and for Cole County, Missouri.

[40] My commission expires February 15, 1958.

(Signed)

W. C. Sanders

(Seal) Notary Public.”

. —

A38

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

Re-filed Filed

4 Feb. 15, ’55 2-15-55 -

; @ 4:40 PM. Sam C. Blair

3 Guy M. Sone Judge

; Clerk

ij STATE OF MISSOURI, )

4 Plaintiff, )

: vs. ) No. 5259

5 WILLIAM R. HOOVER, ET AL, )

j Defendants. )

d AFFIDAVIT IN SUPPORT OF APPLICAT@®N OF

DEFENDANT JAMES WM. STIDHAM

FOR A CHANGE OF VENUE

Comes now C. J. Cremer, a credible disinterested

citizen residing in the Moreau Township neighborhood

of Cole County, Missouri, being duly sworn, deposes and

says that he has discussed with citizens of the neighbor-

hood in which he resides and has heard discussed by citizens

in the neighborhood in which he resides the charge or

charges made against defendant James William Stidham

in the above captioned case and also other charges made

by the State of Missouri against other inmates of the

Missouri State Penitentiary at Jefferson City, Missouri,

arising out of incidents and events which occurred at said

[41] penitentiary on September 22 and 23, 1954, and that

the comments, opinions and conclusions of citizens re-

siding ‘in the Moreau Township neighborhood are un-

favorable concerning the said James William Stidham

and other inmates of the Missouri State Penitentiary

against whom criminal charges have been made for and

arising out of events and incidents which occurred at said

A39

penitentiary on the dates aforesaid; that, generally, the

citizens of said neighborhood express the opinion or con-

clusion that defendant James William Stidham and other

inmates of said penitentiary charged by the State of Mis-

souri with crimes arising out of said events and incidents

are guilty of the crimes charged and should be severely pun-

ished for said crimes; and that, generally, there prevails

among the citizens of said neighborhood hostility and

bias against defendant James William Stidham and other

inmates of said penitentiary charged with crimes arising

out of said incidents and events, with reference to their

guilt or innocence of said charges.

WHEREFORE, your affiant says that he verily be-

lieves that the minds of the citizens of Cole County, Mis-

souri, are so prejudiced against the defendant that the de-

fendant cannot have a fair trial in said County of the

charges brought against him in the above captioned case.

Your affiant says further that he is not related by blood

or marriage to or of counsel for the defendant James Wil-

liam Stidham.

[42] Dated this 15th day of February, 1955.

(Signed )

C. J. Cremer

Russellville, Mo.

KG IM

‘yt peak ae RE er

Seine SAR RUACARI AAA ree NA eS at ee

A40

STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

Subscribed and sworn to February 15th, 1955, before

me, a notary public in and for Cole County, Missouri,

My commission expires February 15, 1958.

(Signed)

W. C. Sanders

(Seal) Notary Public.”

AND THEREAFTER, to-wit, on the same day, Feb-

ruary 15, 1955, the following further proceedings were

had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

FEBRUARY TERM 1955

TUESDAY FEBRUARY 15, 1955

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day comes the Defendant, James William

Stidham, by his attorney, and files his Affidavit for Dis-

qualification of Judge, at 4:45 P.M. this date.

[43] (Which said Affidavit for Disqualification of

Judge is in writing and appearing in the following words

and figures, to-wit: )

A41

“IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

Filed

Feb. 15, 1955

@ 4:45 P.M.

Guy M. Sone

Clerk.

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

William R. Hoover, et al., )

Defendants. )

AFFIDAVIT FOR DISQUALIFICATION OF

JUDGE BY JAMES W. STIDHAM

Comes now James W. Stidham, and who after being

" first duly ‘sworn, upon his oath, deposes and says that

the Hon. Sam C. Blair, Circuit Judge of the County of

Cole, Missouri, cannot conduct a fair and impartial trial

| in this cause by reason of his interest or prejudice, as

this affiant verily believes. .

Dated this 15th day of February, 1955.

(Signed)

James W. Stidham,

Defendant

*

ct —

A42

\ STATE OF MISSOURI )

) SS.

COUNTY OF COLE )

Subscribed and sworn to before me by. the said James

W. Stidham, this 15th. day of February, 1955.

[44] (Signed)

; Marion J. Stewart

3 (Seal ) Notary Public,

Cole County, Mo.

My commission expires Feb. 1, 1956.”

AND THEREAFTER, to-wit, on the same day, Feb-

ruary 15, 1955, the following further proceedings were

had herein:

od Sima

nt Ne 7

IN THE

; CIRCUIT COURT OF COLE COUNTY, MISSOURI

FEBRUARY TERM 1955

: TUESDAY FEBRUARY 15, 1955

: State of Missouri, : )

‘ Plaintiff, )

‘ vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day comes the defendant, James William

Stidham, by his attorney, and refiles his Notice, Ap-

i plication for Change of Venue, together with supporting

‘ affidavits.

ae

(Which said Notice, Application for Change of Venue

and Supporting affidavits are set forth within this —

script and are not re-copied)

$0

3 A43

AND THEREAFTER, to-wit, on February 16th, 1955,

the following further proceedings were had herein:

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

[45] FEBRUARY TERM 1955

WEDNESDAY FEBRUARY 16, 1955

State of Missouri, )

Plaintiff, )

, vs. ) No. 5259

James William Stidham, )

Defendant. )

Now at this day comes the Defendant, James William

Stidham, by his attorney, and presents his application to

disqualify the regular Judge of this Court and same is

granted.

And now, the Judge of this Court notifies the.Supreme

Court and the Chief Justice thereof that the administra-

tion of Justice requires transfer of a Circuit Judge to

this Court to try this cause, and said cause is set for trial

at 9:00 A.M.; March Ist, 1955.

AND THEREAFTER, TO-WIT, ON February 22nd,

1955, the following further proceedings were had herein:

: =

A44

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

FEBRUARY TERM 1955

TUESDAY FEBRUARY 22nd, 1955

4 State of Missouri, )

4 Plaintiff, )

: vs. ) No. 5259

4 James William Stidham, )

i Defendant. )

: Now at this day Order of the Supreme Court of Mis-

j souri [46] transferring Hon. George P. Adams, Regular

; Judge of the 11th Judicial Circuit, to this Court to hear

j case of State of Missouri vs. James William Stidham, is

j received and filed.

: (Which said order is in writing and appearing in the

; following words and figures, to-wit: )

i “IN THE

; SUPREME COURT OF MISSOURI

5 EN BANC

i Friday, February 18, 1955

$

j Filed

} Feb. 22, 1955

Guy M. Sone,

Clerk.

In the Matter of the Temporary _)

Transfer of Judicial Personnel )

WHEREAS, the Honorable Sam C. Blair, Judge of the

14th Judicial Circuit of Missouri, has been disqualified to

sit and hear the case of State vs. James William Stidham,

A45

No. 5259, now pending in the Circuit Court of Cole County,

Missouri, and has requested the Temporary transfer of a

Circuit Judge to said Court to hear said cause;

It is therefore ordered, under Article V, Section 6,

Constitution of Missouri, 1945, and Rule 11 of this Court,

that Honorable George P. Adams, Judge of the 11th Ju-

dicial Circuit of Missouri, be and he is hereby temporarily

transferred to said 14th Judicial Circuit, to hear the case

of State vs. James William Stidham, No. 5259, now pend-

ing in the Circuit Court of Cole County, Missouri; and

that such transfer shall [47] remain in effect for the

making of any and all orders or the taking of other pro-

ceedings that may be required of the trial judge in said

cause heard by him.

STATE OF MISSOURI—SCT:

I, Marion Spicer, Clerk of the Supreme Court of

Missouri, do hereby certify that the foregoing is a true

copy of the order transferring judicial personnel on the

18th day of February, 1955, as fully as the same appears

on file in my office. ,

IN TESTIMONY WHEREOF, I have hereunto set my

hand and affixed the seal of said Supreme Court. Done

at office in the City of Jefferson, State aforesaid, this 21st

day of February, 1955.

(Signed )

Marion Spicer,

Clerk.”

AND THEREAFTER, to-wit, on February 25th, 1955,

the following further proceedings were had herein:

A46

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

FEBRUARY TERM 1955

FRIDAY FEBRUARY 25, 1955

State of Missouri, )

‘ Plaintiff, )

vs. ) No. 5259

James William Stidham, )

Defendant. )

[48] Now at this day Hon. George P. Adams, Judge

of the Eleventh Judicial Circuit of Missouri, and trans-

ferred to this Court for trial of this cause, assumes the

Bench.

And now, comes the Defendant, James William Stid-

ham, by his attorney, William Kelleher, and presents his

‘Notice, Application and Affidavit for Change of Venue,

together with Affidavits in Support of Application for

Change of Venue.

It is ordered by the Court that change of venue be

granted to the Defendant, James William Stidham, to the

Circuit Court of Butler County, Missouri, returnable there

on the first Monday in April, 1955, the same being the

first day of the April Term, 1955, of the Circuit Court of

that County. This order is made on the application of

the Defendant, James William Stidham, and on the ground

he asserts that the minds of the inhabitants of this County

are so prejudiced against him that he cannot have a fair

trial in this County and this order is made during the

Regular February Term, 1955, of this Court.

The Court finds that the Defendant, James William

Stidham, is in confinement and the Sheriff of this County

hereby is Commanded to transfer the Defendant, James

A47

William, to the Butler County, Missouri, Jail, and there

deliver him to the keeper of such jail, together with the

warrant or process by virtue of which the defendant is

held under this charge.

(49| It is further ordered by the Court that the Clerk

shall make out at once a complete transcript of all of the

records and proceedings in this cause, including this order

of removal, and the application for it, and he shall certify

and transmit the same to the Clerk of the Circuit Court

of Butler County, Missouri, and take his receipt therefor.

IN THE

CIRCUIT COURT OF COLE COUNTY, MISSOURI

DECEMBER TERM 1954

TUESDAY JANUARY 18th, 1955

State of Missouri, )

Plaintiff, )

vs. ) No. 5259

James William Stidham, et al., )

Defendants. )

On this 18th day of January, 1955, it is ordered that

a Special Venire issue directing the Sheriff to summon

Thirty (30) additional jurors for service on the present

panel and to supplement the same during the trial to take

place in the above styled cause.

(Signed )

Sam C. Blair,

Judge of the Circuit Court of

Cole County, Missouri.

Ot ae seen

A48

And thereafter to-wit: On the 5th day of March, 1955,

the following order was entered of record:

[50] Miscellaneous Record, Circuit Court, Butler County,

Missouri Saturday, March 5th, 1955, In Recess, (Book 10,

page 382)

—

Now on this 5th day of March, 1955, this cause of

action is filed in this Court on a Change of Venue from

the Circuit Court of Cole County, Missouri.

And thereafter to-wit: On the 4th day of April, 1955,

the following order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 268) Monday April 4th, 1955, Regular April 1955

Term

Now on this day, this cause being brought to the at-

tention of the Court, the Court finds the defendant having

previously entered a plea of Not Guilty and now demand-

ing trial therein and counsel for the State and for the de-

fendant having previously indicated their preference for

a setting herein, this cause is by mutual consent set for

April 25th, 1955, for trial.

It is ordered by the Court that a Special Venire of

25 jurors be ordered herein to provide for the panel re-

quired by law.

And thereafter to-wit: On the 19th day of April,

1955, the following order was entered of record:

[51] \Circuit Court Record, Butler County, Missouri

(Book 62, page 310) Tuesday, April 19th, 1955, Regular

April 1955 Term

Now on this day, comes the defendant herein, by

counsel Mark Murray Hennelly, and leave of Court first

had and obtained, moves the Court for Subpoena for

A49

Records of Defendant, Register No. H4H relative to phy-

ical examination of defendant, dated September 29 and

30, 1954, directed to the U. S. Medical Center for Federal

Prisoners, Springfield, Missouri. ‘And the Court after

due consideration, and being now fully advised, does make

the order that said Motion be and the same is hereby sus-

tained, and Subpoena Duces Tecum is ordered thereon.

Now comes the defendant hetein, by counsel Mark

Murray Hennelly, leave of Court first had and obtained,

and files Separate Applications for Writs of Habeas Cor-

pus Ad Testificandum for the following prisoners alleged

to be incarcerated in the Missouri State Penitentiary:

Cecil Lillybridge; William Douglas; Hugh Van Buskirk;

Robert Smedley; Elvin Carroll; Jim Harris; James Black;

Virgil Hacker; Bob Wilkerson; Baldy ‘Holloway; Ben

Griffin; Woody Burnett; Warren Kammer; Louis Miller;

Samuel Norbert Reese; Leon Wade; Donald Lyons; Jolin

Reid; Marion Crabtree; Silas Varner and J. D. Brooks.

Said Application being in due form, it is ordered by the

court that they be sustained and Writ of Habeas Corpus

Ad Testificandum ordered to issue to the Warden of Mis-

souri State Penitentiary [52] for each of the above named

parties, for their Production and appearance herein in

this cause, as witnesses, and the Sheriff of Butler County,

Missouri, is ordered to serve said Writs.

And thereafter to-wit:. On the 25th day of April,

1955, the following order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 317) Monday, April 25th, 1955, Regular April 1955

Term :

Now at this time, the Court excuses, for cause, the

following jurors from the ‘panel: Ernie C. Dunn, George

Gregory, William Stephens, and. J. D. Snider and L. T.

Metz, Jr., before the jury is empaneled and sworn and

for reasons stated into the record.

A50

Now on this day, comes the parties herein, Prosecuting

Attorney for the State, James T. Riley, and the defendant

herein, in person, in the custody of the Sheriff of this

County, and in the presence of his counsel, Mark Murray

Hennelly, whereupon both defendant and his said counsel

being present in open Court, defendant waives formal

arraignment, and enters a plea of Not Guilty to the charge

of Murder. And this cause coming on to be heard, the

same being the day on which this cause has been set for

trial, the said parties herein, announce ready for trial and

thereupon issues being joined comes now a jury summoned

herein, to-wit: Hobert Fowler; Marshall Johnson; [53] W.

L. Allison; Floyd Walker; Lydle Beardon; James Hawkins;

Paul Baumgardner; A. C. King, Jr.; Charles Ijames; L. C.

Fuller; Robert Snider and George Williams, (12) good

and lawful men of and from the body of Butler County

who are duly selected, impaneled, and sworn to well and

truly try the issues now joined herein and a true verdict ©

render to the Court in accordance with the law and the

evidence in the case.

Jurors, Irene Eudaley, Allen Garner, Sr., Henry Black-

man, Mrs. G. R. Saracini, C. C. Cope, Ed Forrest, Roy

Bagents, Glen Terry are excused upon Qualifications on

the death penalty. Juror, Eldon Gourley is excused be-

cause of reasons stated to the Court upon Examination.

At this time, -he jury panel is continued during the

Noon Recess and this cause is laid over to 1 o'clock.

The Noon Recess being over, and it now being 1 o-

clock, the trial in this cause umed and now comes

the defendant, by counsel, and leave of Court first had

and obtained, dismisses Louis Miller, Ben Griffin, Leon -

Wade and Jim Harris, as witnesses and for whom Writs

of Habeas Corups Ad Testificandum have previously been

A51

issued and Sheriff is ordered by the Court to notify the

Warden thereof and not to produce said witnesses so dis-

missed therein.

Whereupon, the jury is challenged, selected and sworn

to try the issues herein, and trial by jury proceeds and

progresses in the hearing of the evidence in this cause.

Now [54] comes the Prosecuting Attorney for the State,

leave of Court first had and obtained, and asks and is

granted the rule on witnesses. Opening statement is made

by the State. Now comes the defendant herein and waives

his opening statement.

Now at this time, the Court learns of newspaper being

read by the jury carrying an account of the trial, during

the supper recess, and upon examination of the jury by

the Court, and upon the Motion of defendant, by counsel,

4 mis-trial is declared herein in this cause.

It is ordered by the Court that this cause be continued

for this term and is ordered set for the week of July 18th,

1955, for trial herein.

Now at this time, the defendant being under sentence

to the Missouri State Penitentiary on another charge and

having been sentenced thereto and now being under sen-

tence of confinement therein, and because the Court feels

and determines for security reasons that the jail and

facilities of this county are not, or may not prove to be

adequate, the defendant is ordered remanded to the Mis-

souri State Penitentiary, to await trial herein and upon

orders of this Court for his return for trial, to this Court.

It is further shown that the defendant personally requests

his return to the State Penitentiary to await trial herein.

And thereafter to-wit: On the 5th day of July, 1955,

[55] the following order was entered of record:

A52

Circuit Court Record, Butler County, Missouri (Book 62,

page 389) Tuesday, July 5th, 1955, Regular July 1955

Term

Now on this day, it is ordered by the Court that a

Special Venire of twenty-five (25) jurors be ordered to

complete the panel of jurors in this cause.

4 And thereafter to-wit: On the 14th day of July, 1955,

the following order was entered of record:

Miscellaneous Record, Circuit Court, Butler County, Mis-

souri Thursday, July 14th, 1955, In Recess, (Book 10, page - |

458A )

22 Shas aot

Now on this 14th day of July, 1955, in vacation of

Court, Petitions for Writ of Habeas Corpus Ad Testifican-

dum and by the defendant for Woody Burnett, John Reid,

Donald Lyons and Marvin Crabtree, same is taken up by

the Court, and after due consideration by the Court, it is

ordered that said petitions be sustained and writs are or-

dered to issue therefor to the Warden of the State Peni- a

tentiary for their production in this Court during the trial

of this cause, beginning on July 18th, 1955,

Boe eden Ga ah SRO

= eet ST AMNERAT

Subpoena Duces Tecum for Mr. Joseph Lamar, a cus-

todian of Identification Section of the Missouri State Peni-

tentiary to bring records of Clarence Dietzel and Joseph

Lamar, including [56] days employed and employment

records for October and November, 1954, all payments

made and vouchers of any expense during said months

and all records of Walter Lee Donnell, including personal

records and classification records and his death certificate,

is hereby ordered upon the application of the Défendant.

Pee ee

» aunts

%

j

4

#

§

Sy

4

3

F

TERE

See

yank

A53

And thereafter to-wit: On the 18th day of July, 1955,

the following order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 426) Monday, July 18th, 1955, Regular July 1955

Term

IN THE MATTER OF THE JURY:

Now on this day, comes the Sheriff of Butler County,

Missouri, and files his report of Special Venire in the

case of State of Missouri vs James William Stidham, Case

No. 3158.

Now on this day, this cause is called by the Court,

and comes the Prosecuting Attorney of Cole County, Mis-

souri, for the State, and comes the defendant herein, in

person and by his counsel, Mark Murray Hennelly, and

said parties announce ready for trial.

Jurors Flanigan, Cecil Hayes, Belva Hayes, Rhodes,

Pigg, Anderson, Faith and Johnson are excused by the

Court for failure to qualify on the death penalty. Geneva

Arrington excused by the Court upon her request. Oliver

Chambers excused [57] because of a hearing defect and

Troy Pruitt excused because of his health. Venire of 30

Jurors is completed. Thereupon challenges are made of

the jury and comes now a jury summoned herein to-wit:

Orville Clark; Clarence Davidson; T. M. Walton; Eugene

Barker; John Sparkman; Elvis Hinton; Sam Stilley; Clyde

Crawford; James Sentell; Lloyd Surber; Connie Fredwell

and Herbert Gaebler, (12) good and lawful men /from

the body of Butler County who are duly sel , im-

paneled, and sworn to well and truly try the issues now

joined herein and a true verdict render to the Court in

accordance with the Law and the evidence in the case,

and trial by the jury proceeds in the hearing of the evi-

dence.

A54

“

[58] BE IT REMEMBERED, that on the 18th day of

July, 1955, the above entitled cause came on for trial be.

fore the HONORABLE RANDOLPH H. WEBER, Judge

of the Circuit Court of the 33rd Judicial Circuit, Poplar

Bluff, Missouri, and a Jury, and the following proceedings

were had:

An opening statement was made by Mr. Riley.

MR. HENNELLY: The Defendant will reserve an

opening statement [59] until the close of the State’s Case,

THE COURT: The record may show that Defend-

: ant’s opening statement is reserved until the close of the

| State’s Case. Who do you have first?

MR. RILEY: Call Sergeant Nash.

‘

SERGEANT E. V. NASH,

| BEING SWORN, TESTIFIED:

Direct Examination, by Mr. Riley

Q. Will you state your name please? A. E. V.

Nash.

Q. By whom are you employed? A. State ad

Patrol of Missouri.

Q. What is your rank sir? A. ocasant.

Q. Where are you stationed? A. At General Head-

quarters at Jefferson City, Missouri.

j Q. How long have you been on the Patrol Sergeant?

_ A. Thirteen years.

Q. Were you in the Penitentiary on the morning of

September 23, 1954? A. Yes, sir.

Q. Were you in B Basement? A. I was.

Q. What was your employment prior to going on the

Patrol Sergeant?

{[60] MR. HENNELLY: Object to that Your Honor,

that would be totally irrelevant—

A55

THE COURT: What would be the purpose Mr.

Riley?

Q. Just to identify him, it don’t make any difference.

THE COURT: All right, sustained. I thought may-

be it was in connection with some discussion.

Q. Will you mark this Exhibit 1?

Reporter marked Exhibit 1, a plat.

Q. Sergeant, I show you what has been marked as

State’s Exhibit No. 1, and I will ask you to identify that.

A. That is a drawing I have made of the B basement of

the State Penitentiary.

Q. And that correctly shows the physical setup there

inthe basement? A. Yes, it does.

Q. Does it show-the various windows and doors? A.

~ Shows the various doors. I eliminated the windows from

the sides.

Q. Is that the physical make-up of B basement on

the morning of September 23, 1954? A. Yes, it does.

Q. If the Court please, at this time, we offer Exhibit

1 into evidence.

MR. HENNELLY: Object and except to the intro-

duction of the exhibit, State’s Exhibit 1, because it is hear-

say and no proper [61] foundation has been laid for its

introduction at this point, and it contains certain elements

of hearsay and there has been no foundation laid as to the

time; place and circumstances under which it was made,

and there is certain writing and indications on the exhibit

which in and of themselves are hearsay, and to introduce

it under this situation would be a violation of the Con-

stitutional rights of this Defendant.

THE COURT: I believe the exhibit should be further

identified as to directions and measurements and matters

conteined in these legends here and notations, so that this

witness, this Court may determine whether or not this

witness knows those things to be a fact, and then I will

further consider the acceptance in evidence of this exhibit.

: aa a

:

A56

Q. Did you make the measurements in the base

ment? A. Yes, sir, I did.

Q. And at the time you made these measurements,

the physical structure was the same as it was on Septem-

ber 23rd? A. Yes, sir.

Q. Now, are those measurements reflected that you

made, are they reflected on this chart? A. Yes, sir, they

are. .

Q. And you have some figures here, 17, 18 and some

on up to 32, what do they represent? A.- That indicates

the numbering of the cells.

THE COURT: Are those the numbers they bore on

that date?

[62] A. Yes, sir.

THE COURT: All right.

MR. RILEY: And do you have notations here?

A. Yes, sir.

Q. Does that represent the separations between the

cells? A. Yes, it does.

Q. Is that correctly shown jn this writing down here?

A. Yes, sir, it is.

THE COURT: Does that nena the separation

between all of them?

A. Yes, sir. :

Q. Separating the same? A. The separation is the

same, yes, sir. :

Q. And you have a notation here, now does this, as

to cell bars, is that the same entire length? A. Yes, it is.

Q. And you have a notation here as to metal screens,

are they the same measurements on all cells? A. Yes,

sir, they are.

Q. You have a number here, No. 1, 2 and 3, are they

explained here in your writing below? A. Yes, sir, they

are.

Rex.

A57

MR. HENNELLY: Certainly object to that section

as being a conclusion, if Your Honor please, and object to

the form of that question, whether or not they explain it,

ang it invades [63] the province of the jury, and it is hear-

say.

: THE COURT: May I see it please? I didn’t read

what was on there. Well, I think the information ought to

be testified about, rather than— He can tell whether he

put that on this plat.

Q. All right. Now Sergeant, as you look at this plat,

in this direction, which way is that facing? A. Generally

east.

Q. And which way is this? A. That would be south.

) Q. Andthis? A. North.

Q. Andthis? A. West.

Q. Anything else?

THE COURT: Yes, the, objection was made to his

statement with reference to the legend which he hasn’t

testified about. There are statements there as to the

measurements, etc., and he hasn’t testified about those

measurements, what is contained in that legend on the

bottom.

Q. Now, this legend down here Sergeant, did you de-

termine the information contained in Item 1 on this

legend? A. Yes, I have had occasion to go through each

of the gates and I know it takes a different set of keys to —

go through.

Q. Now, on Item No. 2, did you measure the doors?

A. Yes, sir, I measured them both opened and closed, and

also the area that is stable, that is not movable.

[64] Q. Now, on Item No. 3, did you measure the

distance from the steel bar enclosure, to the entrance wall?

A. Yes, sir, I did.

Q. Did you measure—

THE COURT: What is that distance?

A58

A. That is four feet sir.

Q. On Itern No. 4, did you measure the distance from

the front of the cell door to the exterior wall? A. Yes,

sir.

Q. What is that distance? A. Nine feet and four

inches.

Q. And on Item No. 5, did you measure the cells?

A. Yes, sir, they are nine feet deep and seven feet and

three inches wide.

Q. Now, is that all the information that is contained

in this writing down here? A. Yes, sir, it is.

MR. HENNELLY: I am renewing my objection for

the reasons heretofore stated. I think it was totally un-

necessary for the officer to make the writing on here that

he made. I think he could have looked at the exhibit with-

out this and told them what the differences was, by just

giving the measurements. However, under the circum-

stances, when he. put down his own conclusions, and not

only with respect to the keys, but with respect to every-

thing else, that is only an attempt to [65] bolster his own

testimony and his writing becomes immaterial and irrele-

vant to any point in the case.

4 THE COURT: Overruled, and it may be received in

evidence.

* Exhibit 1, being a plat, having been sennived in evi-

dence, and same being too large to attach to this transcript,

a photostatic copy of same-is attached to the original of

this transcript.

MR. RILEY: Will you mark this Exhibit 2?

: Reporter marked Exhibit 2, a photograph.

: Q. Sergeant, I will show you what has been marked

as State’s Exhibit No. 2, and ask you if you can tell the

Court what that is? A. That is the entranceway from

B and C Halls down to the basement of B basement.

PT Le a ee TN ee

Ss

Si ng AA ARENA SEA IAL EER

rake

A59

MR. HENNELLY: I don’t mean to interrupt you,

put could you speak a little bit louder please.

A. All right, sir.

Q. Is that photograph a fair representation of what it

portrays there? A. Yes, it is.

Q. And is that, does it show the scene as it existed

on September 22nd and 23rd, 1954, in the penitentiary?

A. The physical structure is the same, but the debris and

water that was on the floor has of course been cleared

away.

Q. We offer this exhibit in evidence.

(66] MR. HENNELLY: May I, for the purpose of the

record, and for saving time, may I ask you to hold up.

introduction of them and I can make a general objection

“to all of them. I will make it now, if you want me to,

but I thought it would save time.

Q. All right. Mark this Exhibit 3, and this Exhibit

4, and this Exhibit 5, and this Exhibit 6, and this Exhibit

7.

f

Reporter marked Exhibit 3, a photograph.

Reporter marked Exhibit 4, a photograph.

Reporter marked Exhibit 5, a photograph.

Reporter marked Exhibit 6, a photograph.

Reporter marked Exhibit 7, a photograph.

Q. Hold it down so they can’t see what is on the back.

Sergeant, I hand you what has been marked as Exhibit

3. and can you tell the Court what this is? A. Yes, that

__is the main gate entrance to B basement.

BS: Q. Does that photograph show, correctly show that

gate? I mean as it exhibited on September 23, 1954?

A. Yes, it does.

Q. Sergeant, I show you what has been marked

State’s Exhibit No. 4, and can you identify that? A.

A60

Yes, that is the gateway leading into the Death Row side

of B basement.

Q. Does that correctly show that gate and all its

physical features? [67] A. Yes, it does.

Q. At the time of September 23, 1954? A. Yes,

it does. |

Q. I show you Exhibit No. 5. A. That is a pic.

ture of the area outside of the barred steel cage that is

surrounding the cells on Death Row side of B basement.

Q. Does that ‘correctly show that area as it existed

on the morning of September 23, 1954? A. Yes, sir, it

does. :

Q. I hand you Exhibit No. 6. A. That is the gate

or the doorway leading down inside of the cells of Death

Row in B basement.

Q. Does that correctly show the physical features

of what it portrays there? A. Yes, it does.

Q. As of the time September 23, 1954? A. Yes, sir.

Q. I now hand you Exhibit No. 7. A. That is a pic-

ture of the area inside the steel barred cage that surrounds

the cells on Death Row in B basement.

Q. Does that correctly show the physical features of

that area that it portrays there as it existed on the morning

of September 23, 1954? A. Yes, sir, it does.

[68] Q. At this time we offer in evidence, Exhibits

2, 3, 4, 5, 6 and 7,

MR. HENNELLY: The defendant will object and ex-

cept to the introduction of State’s Exhibits 2, 3, 4, 5, 6

and 7, for the reason that they are hearsay and a proper

foundation has not been laid for their introduction and

to introduce them under these circumstances would be

a violation of the Constitutional rights of the defendant,

particularly in the light of the testimony of the officer that

they do not represent the condition as it existed on the

night in question, for the reason that they fail to show

A61

certain debris and things which were then present on the _

night in question.

Q. The fact that the debris is not shown in the pic-

tures doesn’t change the physical structure, if that is the

of this. :

THE COURT: The objection may be overruled and

they may be received in evidence.

Exhibit 2, being a photograph, having been received

in evidence, is attached to the ofiginal of this transcript.

Exhibit 3, being a photograph, having been received

in evidence, is attached to the sae of this transcript.

Exhibit 4, being a photograph, having been received

in evidence, is attached to the original of this transcript.

Exhibit 5, being a photograph, having been received

in evidence, is attached to the original of this transcript.

[69] Exhibit 6, being a photograph, having been re-

ceived in evidence, is attached to the original of this tran-

script.

Exhibit 7, being a photograph, having been received in

evidence is attached to the original of this transcript.

THE COURT: Now gentlemen, are you going to

hand these to the Jury now?

G. You, ae.

THE COURT: In looking at these exhibits here that

are going to be handed to you, just a minute, the pictures,

there are some legends on the back, and that is not in

evidence, that information is not in evidence, so don’t turn

them over, just look at the picture part of them. If there is

any further objection to that, I could have those legends

taped over, but the notations have nothing to do, at this

particular time, with this trial, and they are only being

introduced for the actual picture side. I wonder, inasmuch

as Exhibit 1 is already in evidence, as you hand these ex-

hibits to the Jury, if the witness might designate on the

chart where the particular picture is that is being intro-

A62

duced into evidence, for instance Exhibit 1 I believe js,

2 I mean, is the stairway to B basement, as it has been

identified now, can you point out on this Exhibit 1, the

chart over there where that stairway is that is repre

sented in this picture?

A. Yes, sir, I can.

THE COURT: All right.

[70] A. The picture that you see will be of this stair-

way that is to your left and to my right, leading into B

basement area.

THE COURT: All right, hand that to the Jury. |

believe you might identify the location of the next one.

A. The next one has been described as the main door

into B basement. This area is that area in which this

main gate or main doorway of B basement is located.

THE COURT: All right, hand that to the Jury.

A. Exhibit 3, this picture that you have, will be a

picture of this gateway that leads into Death Row side of

B basement right here.

THE COURT: All right, you may hand it to the Jury.

A. The next picture is a picture of the area outside

of the steel barred area, it runs the entire area of the cell

block clear down to the end of the cells. It is outside of

the barred area. This next picture is the gate or the cell

door that permits entrance to the area inside of the barred

area so that you could get to each of the individual cells

on Death Row side.

THE COURT: All right, you may hand it to the Jury.

A. This last picture shows the area on the inside of

this barred area, and it also shows a mesh hardware cloth

that extends two feet out from the front of the cell into

the—and the entire height of the cell block there. That is

inside [71] of this barred enclosure.

THE COURT: All right, you may hand it to the Jury.

Be seorms 5 al abt i nie A SE ha RR MERE RRS ii CLT TENE :

PPE SIE OAS

is

A63

MR. RILEY: Sergeant, I direct your attention to this

up here on Exhibit No.1, will you tell the Jury what this

line is made up of?

A. This line here which is on the picture here, dots

and dashes, is made up of steel bars that extend the height

of the cell areas and they extend from this gate entrance

the entire length of the cell block area, and to this point

here where they connect onto the concrete abutment.

Q. Now, on the top side or the north side of this—

what are those, what is that Sergeant? A. This side of

the cell block is made up of the same number of cells, six-

teen cells, and on this side are segregated the negro in-»

mates during the time of inncculations and until they are

put out into the population of the prison.

Q. Now, this whole area as is referred to as B base-

ment, is it actually underground? A. No, sir, B base-

ment is not underground. There is a basement under-

neath B basement.

Q. I believe that is all at this time.

Cross-Examination by Mr. Hennelly

Q. Sergeant Nash, on the night in question, the night

of the riot, that you went into B. basement, when was the -

last time [72] prior to that time that you had been in B

basement? A. I was not in the basement the night of

the riot.

Q. You didn’t go down there at all the night of the

riot? A. The night of the 22nd, no, sir.

Q. So that you cannot testify then of your own

knowledge with respect to what the conditions were on

the night of the riot, can you? A. As of the night of the

22nd, no, sir.

Go Ya A.. Bo, oe.

Q. Did I understand you to say that the State’s Ex-

hibit 1 reflected the conditions as they existed on the night

Vent MARA Rani UN aa tO, Caches az Mae

sabe

SD REO aaa ae

Beans: binphelegt ge

A64

of the 22nd? A. Just the physical structures of the build-

ing.

Q. You weren’t there the night of the 22nd, were

you? A. I was at the penitentiary, but not at B basement.

Q. This State’s Exhibit is supposed to portray the

conditions as they existed in B basement and you weren't

, down there, is that right? A. -I was not down in B base.

ment that night.

Q. Under the circumstances, I am going to ask that

it be withdrawn and I renew my objection for the reason

that no proper foundation has been laid for its introduction.

THE COURT: The witness, as I understood him to

testify, said he was there on the morning of the 23rd, is

that correct? ‘

A. Yes, sir.

[73] THE COURT: And had you ever been in there

before?

A. I-have been in the penitentiary prior to the 22nd.

THE COURT: InB basement before?

A. Yes, sir.

THE COURT: You had been in there befor2> and you

were there the day after?

A. Yes, sir.

THE COURT: And the physical structures of B base-

ment were the same on the 23rd as it was the time you were

in there before?

A. Yes, sir.

THE COURT: In other words, the building, they

didn’t tear the building down or change the walls or any-

thing of that kind, did they?

A. The general physical structure of the basement

was the same.

THE COURT: The same as it was, the same as you

found it on the morning of the 23rd, and the same as it had

been as you had found it once before?

a

A65

A. Yes, sir.

THE COURT: When you were there?

A. Yes, sir.

THE COURT: The objection is overruled.

MR. HENNELLY: When was the last time, prior to

the morning of the 23rd, that you were in that basement?

(74] A. Several times prior to then. I had a case to

go to the penitentiary to secure records to complete our files

at General Headquarters.

Q. The basement Sergeant, had you been in B base-

ment prior to that time? A. As to the exact date, I do not

remember.

Q. Had you ever been in B basement prior to that

time? A. Yes, sir, I had.

Q. Now then Sergeant, you indicated that this pic-

ture properly reflected the conditions as they existed, at

least this State’s Exhibit 1, as it existed on the morning of

the23rd? A. Yes, sir.

Q. I am going to call your attention to that office

which is marked here “Christian Science Chapel”, was

there a Christian Science Chapel office in there on the

morning of the 23rd? A. That room is designated for that

particular use.

Q. Was it, was that what it was used for on the morn-

ing of the 23rd? A. It wasn’t being used for that purpose

that morning, there wasn’t any office in use that morning

down there.

Q. As a matter of fact, that which you have now

marked as the Christian Science Chapel office was on the

night of the 22nd, and the morning of the 23rd, and for

sometime prior to [75] the 22nd, 1955, 1954, really a clas-

sification room, wasn’t it? A. They sometimes use one

office or another. I don’t know specifically which one they

used all the time.

BE ace ee wae

A66

Q. Well now, when did you make this up? A* That

picture was made up sometime prior to the Ist of June, as]

remember it.

Q. Sometime prior to the Ist of June, of 1955? A.

Yes, sir.

Q. Would you say that it was made at least six

months after the night of the 23rd, 22nd rather? A. Ap-

proximately.

Q. Now then Sergeant, on the morning of the 23rd,

what time approximately did you arrive there? A. The

morning of the 23rd? :

Q. Yes, sir. A. I had been there all night.

Q. On the night of the 22nd, were you outside of B

basement? A. Yes, sir, I was the night of the 22nd,

Q. All right. Now, on the night of the 22nd, when

was the first time that you arrived on the scene of the riot

itself? A. Five minutes after seven.

Q. Five minutes after seven, and who did you arrive

there with? A, Trooper Volkmer.

Q. And you at no time prior to midnight, got into

B basement? [76] A: No, sir, I did not.

Q. And when in the morning of the 23rd did you get

into B basement? A. It was prior to noon, I would say

maybe ten-thirty or eleven-thirty.

Q. At that time, had all the inmates been cleared out

of there? A. What do you mean by cleared out?

Q. Were there any inmates in B basement at all when

you first arrived on the morning of the 23rd? A. There

may have been some of the trustees, most of the inmates

had been put back in their proper cells.

Q. Well, when you indicated that there was some

difference with reference to debris and rubbage, was that

all there on the morning of the 23rd? A. Yes, sir.

Q. Was it still there at ten-thirty and eleven when

you got there? A. Yes, sir.

Q. I want to call your attention to these cells which

you have marked on here, going from 17 at the rear of

ae, eta

A67

State’s Exhibit 1, and going to 32, which would be the cell

which would be near the front door, am I not correct in

stating that Sergeant? A. Yes, sir.

(77] Q. I will ask you if you can tell the Court and

Jury to the best of your knowledge, how many inmates

were in those cells when you arrived about ten-thirty on

the morning of the 23rd? A. I did not go down Death

Row, that side, that morning.

Q. You didn’t go down Death Row side? A. No, sir.

Q. Did you go down, proceed at any point past that

front door on the morning of the 23rd? A. I didn’t go past

this front gate entrance here.

Q. Well now then, with respect to the condition as it

existed on the morning of the 23rd, in the back of this front

door, you don’t know, because you weren’t back there? A.

I did not go back in there.

Q. Did you go back there at anytime prior to the time

that you made this picture, this exhibit? A. Yes, sir, I

have.

Q. When was the first time that you went back there?

A. Iam not certain as to how soon after the 23rd. I was

in and out of there several times. I wouldn’t remember.

Q. Now then, when you told the’ Court that this

State’s Exhibit 1 reflected the conditions in B basement as

they existed on the morning of the 23rd, that isn’t exactly

accurate either, is it? A. Yes, it is to the best of my

knowledge. :

Q. You weren’t back there though, were you? [78]

A. I was in B basement, and that is a picture of the B

basement area. x

Q. Were you back in anywhere past cell No. 32? A.

No, sir.

Q. You didn’t go back there, did you? A. No, sir.

Q. So that whatever was back there on that morning,

you didn’t see it, did you? A. No, sir, not in the cells.

A68

Q. Your Honor, I am again going to renew that ob-

jection.

THE COURT: This witness has testified now two or

three times that the plat that he has made which is Ex.

hibit 1, is the physical characteristics of the building. Now,

he has indicated on there the thickness of the walls and

where the doors were and things of that kind. Those mat-

ters don’t change. That is part of the building. The ob-

jection is overruled.

MR. HENNELLY: Save an exception. ©

THE COURT: Now he has testified there was debris

and rubbage and things of that kind on the morning that

he got down there, but this plat is being received in evi-

dence and the Jury and the Court and the witnesses might

better enable themselves to follow the testimony of the wit-

nesses, as to directions and places that are being and will be

referred to in evidence. Certainly the exhibit can’t do any-

thing but be helpful in the [79] explanation and the un-

derstanding of the testimony. Now the witness hasn’t tes-

tified as to what condition the doors were in or what the

: condition of the bars may have been or whether anything

was torn up and things of that kind, but as to the physical

3 characteristics, Exhibit 1, as I understood this witness, it

j actually reflects the floor plan of that building.

7 A. That is right, sir.

THE COURT: Overruled.

Q. Your Honor, might I say this, I certainly want the

Jury to have everything that is helpful also.

THE COURT: All right, proceed then.

Q. On the other hand—

THE COURT: I have overruled your objection Mr.

Hennelly.

Q. Now, when you got there on the night in question,

where did you first go at the Penitentiary? A. Are you

‘referring to the night of the 22nd?

pyr

PE EN ee ee Re Peas te

A69

Q. The night of the 22nd. A. When I first arrived

at the penitentiary I stopped at the main intersection lead-

ing into the penitentiary to clear the traffic way there for

other cars that were approaching. After a few moments

there directing traffic I placed Trooper Volkmer in charge

of the traffic assignment and I went up on the wall, No. 3

gate at the penitentiary.

Q. (Out of the hearing of the Jury) I am going to

ask the [80] Court to strike from the record, and instruct

the Jury to disregard the Court’s remarks with respect to

the purpose for which Exhibit 1 was being introduced, for

the reason that it may have left the Jury with the impres-

sion that I was attempting to keep something from them

which was going to be helpful and it puts the defendant in

a bad light with the Jury and it was made certainly in

good faith, and in light of the continued statements of the

officer that he wasn’t back there, and my understanding

was that the Exhibit must reflect the conditions as it ex-

isted at the time the crime was committed, my objection

was certainly made in the best of faith, and I think that the

_ Court’s statement might leave the impression that I was ~

\trying to be sharp and trying to keep something from them

and under those circumstances, I don’t think it should have

been made in the presence and hearing of the Jury and I

ask that it be stricken and the Jury instructed to disregard

it, and that a mistrial be declared. »

THE COURT: Well, of course Mr. Hennelly, you

made your objection in the presence of the Jury, and you

have made that same objection three times, and the Court

was merely explaining why he was overruling your objec-

tion. Any inferences in your statement as to what the

Court’s intentions were, of course, without foundation, and

this Court didn’t have any intention of implying to this

Jury or to anybody else that there [81] were any sharp

practices being used by anybody. I was merely answering

. a

7

°

A70 ©

_your objection. I will make an explanation to the Jury at

this time. Your objection and request is overruled.--Gen-

tlemen of the Jury, during the trial of a lawsuit theré are

many matters of evidence and procedure which come up

from time to time which parties have a right to object to

through their counsel, and the fact that,the Court may sus-

tain or overrule an objection is not any reflection upon any

one party participating in this lawsuit, and the rulings that

the Court makes regarding any of these matters are not

9 to be considered by the Jury as any reflection or any in-.

timidation or any reprimand or any denial of any of the

rights of any of the parties. I ruled a while ago upon an

objection and. attempted to explain to counsel my reasons

for that ruling. and I want to state at this time that the

: Jury is not to draw any inferences from the statement

made by the Court. If there is any direction to the Jury,

;

7

‘ I will call your attention to it at the time, and of course

will direct the Jury in the matter of instructions at the

q conclusion of the case, so with that explanation you may

proceed Mr. Hennelly.

Q. Now Sergeant Nash, I want you to take your little

ruler. To what scale have you set that State’s Exhibit 1?

A. Approximately one inch to eight feet.

Q. One inch toeight feet? A. Yes, sir.

> . * [82] Q. ‘Now, I want you to take that and tell the

“Court and Jury what is the distance from the first door as

one. comés down those steps until one gets immediately in

' _ front of the first door which would lead in? A. You have

: reference to this gate here?

Q. Yes. A. Taking from the stairway to the center

of that first entrance way, approximately eighteen feet.

Q. So that taking the shortest possible distance, one

entering that front door and going to the first gate, the first

place where there is a lock, would have to walk approxi-

mately eighteen feet? A. That was taken from the center

A7l

of the stairway, not the edge, the edge would make it

shorter.

Q. When you say center of the stairway— A. That

‘js from this point to the center of the stairway placing the

ruler there and placing it to the center of the gate.

Q. Taking your answer with respect to eighteen feet,

have you already come down the steps then? A. Yes, I

am leaving the bottom step going to the gate, ©

Q. How far do you have to walk coming down the

steps? A. That is approximately eleven feet. f

Q. Now then, how—hold it up so the Jury. can see it

Sergeant, will you show the Court and Jury, after one gets

into [83] that first door, where would one have to go to to

get to the second door? A. Go from No. 1 doorway to the

No. 2 doorway.

-Q. Now Sergeant, with respect to the method in

which your exhibit is drawn, if one were standing in front

of door No. 1, which direction would you be looking? A.

You would be looking, if you were looking toward the cell

area, you would be looking generally east..

Q. And if one were standing in front of door 2, and

just looking straight ahead, in which way would one be

looking? A. Standing in front of door No. 2 and looking

down toward the bottom of the picture, you would he look-

ing generally south.

Q. Now, tell the Court and Jury the distance that

one would have to go to go from door 1, to door 2? A. The

center of door 1, to the center of door 2 approximately

eight feet?

Q. Eight feet? A. Yes, sir.

Q. Now, door 1, is that opened with just a large key,

or how. many locks are on door 1? A. Door 1 is opened

with a large key.

Q. Door2? A. Two is opened with a large key.

Q. Now,thereisathird door? A. Yes, sir.

¥

S

+e

PEPER PI LORE ee Sm

EP en Se Re aa

. P i alga aah ti

BPeievive SPADES LA IONS B05 SIE PODS AD

: 4

A72

Q. How far would one have to walk to.go from the

second door [84] to the third door? A. Distance from No.

2 to No. 3 is approximately ten feet.

Q. Now, at the time that you arrived there approxi-

mately 10:30 on the morning of the 23rd, where was the

first place that you found an attendant of the penitentiary

guarding a door, was it at door 1,2 or 3? A. The night of

the 22nd?

Q. You weren’t there the night of the 22nd Sergeant,

the morning of the 23rd? A. The morning of the 23rd,

I don’t femember ever finding an attendant from the pen-

itentiary.

Q. Who was with you when you got down there?

A. Thege was.approximately fifty to seventy-five officers,

St. Louis Police and other officers from different surround-

ing places.

Q. How did you get in then, did someone have a key?

A. I didn’t go in past this area here.

Q. Very well. Now then Sergeant, i want you to look

at a point which you have marked on there as a wash basin,

would you point out to the Court and Jury and tell them

where that is? A. Right over here is the toilet and

shower room. There is no wash basin pictured on there.

Q. Do you know of your own knowledge now whether

or not there was a wash basin of any kind, after one gets

past either door, [85] 1,2 or3? A. Yes, there is one.

Q. Point it out to the Court and Jury. A. There is

a wash basin located approximately at this point, after

you come inside of Gate No. 2. It is sitting right about

there at the end of the rule.

Q. Now, can you. give us any description of that

wash basin? A. Nothing other than it is just a wash

basin. :

Q. Well, is there a light in there of any kind? A.

T don’t remember if there is or not.

A73

Q. Now then, with respect to the cells themselves,

numbering from 17 to 32, are those all cells Sergeant, or is

there something besides inhabitable cells there? .A. I

think that they have made cell 22, as I remember, I may

be wrong, but I believe that it is cell 22 that they made

into a shower room. ;

Q. Now, have you indicated on this picture anything

about a shower room? A. No, sir, I was just drawing

the general structure of the building.

Q. Was there a shower room there when you were

there, the last time you were there? A. Yes, sir.

Q. And is it a shower room, which is the general

type of shower room, with the general plumbing fixtures

of ashower [86] room? A. AsI remember it, yes.

Q. And I believe you indicated that that was in, to

the best of your knowledge, in 23? A. 22.

Q. 22,Iamsorry. A: As Iremember, yes.

Q. Do you know whether or not it was in working

order on the night of the 22nd, and the morning of the

93rd? A. I had no occasion to check it sir.

Q. Now Sergeant, I am going to ask you with respect

to your investigation of this case, when was the first time

after the night of the 22nd, or the morning of the 23rd,

that you saw the defendant, James Stidham? A. I think

that I saw Stidham the evening of the 23rd. °

Q. Theevening of the 23rd? A. Yes, sir.

Q. Where was he at that time? A. He was brought

to the classification office, which is across from the

Deputy Warden’s office.

Q. That is not in B basement is it? A. Administra-

tion Building. :

Q. Administration Building proper? A. Yes, sir.

Q. Did you at anytime see the body of Walter Lee

Donnell? A. I did not.

[87] Q. Now, when he was brought to the classifica-

tion room of the Administration Building, did you bring

A74

him or did one of the guards or one of your fellow officers

bring him, if you recall? A. As I remember, I think that’

he was brought by prison authorities. I do not remember

for sure.

Q. Now, how far is the Administration Center Build-

ing, if you can recall, from the B basement? A. It is

approximately a hundred yards.

Q. In which direction? A. East of the Administra-

tion Building.

Q. What was the purpose of brining him to that

point, if youknow? A. We knew that he, as well—

Q. This part Your Honor is going to be hearsay, |

will withdraw the question. ‘The officer was going to in-

corporate—

THE COURT: All right.

Q. Did you question him at that time? A. We

talked with him. .

Q. Who was with you at that time? A. There was

Lieutenant Barton and myself and there may have been

another officer present.

Q. Was there an officer there by the name of Curtis,

out of Kansas City? A. Not at the time I was talking

with Mr. Stidham, no, sir.

[88] Q. And do you know how long he was ques-

tioned on the night of the 23rd, in that classification room?

A. Fifteen or twenty minutes.

Q. Was he handcuffed at that time? A. As I re

member, I don’t beleve he was. I am not for sure though.

Q. You know who did the questioning? A. Pxjma-

ily, Lieutenant Barton.

Q. And after that questioning was completed, where

did you take him? A. He was turned again over to the

prison authorities.

Q. And you don’t know whether or not he went back

to his regular cell from where he came or not? A. I don’t

know where he was taken, no, sir.

5 9 te ee a it

a A ede RAR aed Se

A75

.Q. When was the next time after the night of the

93rd that you saw the Defendant Stidham? A. I think

it was at their arraignment in Jefferson City.

Q. You had nothing to do then with any subsequent

questioning of this defendant, is that right? A. That

is right.

Q. You weren’t present at any of the subsequent

questionings? A. No, sir.

Q. No further questions Your Honor.

THE COURT: Any further questions by the State?

MR. RILEY: I think that is all.

[89] MR. HENNELLY: I want to ask one more ques-

tion. You recall testifying here in this case here in this

court room in April of this year, you recall the last time

you were on the stand here in this Court House?

A. Yes, sir.

Q. You recall at that time whether or not you testi-

fied that you questioned him after the night of the 23rd,

that you had questioned him on the 25th and 26th, do you

recall whether or not you testified to that? A. I don’t

remember the dates that I might have mentioned.

Q. Let me ask you this, did you question him on the

morning on one occasion? A. No, sir, I did not.

Q. I have no further questions.

Redirect Examination by Mr. Riley

Q. Sergeant, do you recall Mr. Hennelly even asking

you about questioning Stidham the last time you were here? -

A. As I remember the question asked me on the pre-

vious time, was he asked me when I had seen Mr. Stid-

ham and as I remember, I testified then it was at his ar-

raignment in the Cole County Court.

Q. That is all.

[90] Recross-Examination by Mr. Hennelly

Q. I will ask you if it isn’t a fact that the last time

you testified here in this case in this Court Room, that

A76

you did testify No. 1, that you had. questioned him in the

classification room, and that you had questioned him more

than once in the classification room? A. No, sir, I do not

remember making that statement.

Q. Do you say today Sergeant that you did not tes-

tify that you questioned him at all in the classification room?

A. No, I didn’t say that. We did talk to him in aes clas-

sification rcom.

Q. I am sorry, do you say today that you did not

testify in this Court, before this Court the last time, that

I questioned you about the matter, that you questioned him

in the classification room after the night of the 22nd? A.

It is possible that I might have, but I don’t remember that

statement. .

Q. No further questions. That is all

MR. RILEY: Thank you sir.

LIEUTENANT W. S. BARTON,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Riley

; Q. Would you state your name please? A. W.S.

Barton.

Q. And you are a Lieutenant in the eon State

; Highway Patrol? [91] A. Yes, sir.

Q. How long have you been with the Missouri State

= Highway Patrol? A. Something over fifteen years now.

; Q. How old are Lieutenant? A. Forty-five.

3 Q. What was your occupation befcre— |

1 MR HENNELLY: _I object—

: Q. I withdraw the question if he is going to object.

THE COURT: All right.

Q. I will ask you if you went to the Missouri State

Penitentiary in Cole County, Missouri, on September 22nd,

% 19542 A. Yes, sir, I did.

_—

AT7

Q. What time did you arrive there? A. Ten P.M.

MR. HENNELLY: Iam sorry officer. ,

A. Ten P.M. .

Q. Did you go to the area in the Penitentiary known

as B basement? A. Yes, sir.

Q. What time approximately? A. Ten-thirty.

Q. What did you find? A. I found a building and

the doors considerably damaged, and a lot of debris lying

around and some of the cells open and some closed and some

men in them, and I found a body.

[92] Q. Where did you find the body? A. Cell 18. _

Q. Is that Cell 18 in Death Row? A. Yes, sir.

Q. Will you mark this Exhibit 8.

Reporter marked Exhibit 8, a photograph.

Q. Sergeant, will you describe the body that you

found there?

MR. HENNELLY: I didn’t get that Mr. Riley.

Q. Will you just describe the condition of the body

that you found? A. I found a body, a man’s body lying

in Cell 18 on the back, with the head to the north and

northeast corner of that cell, feet toward the door, which

would be the southwest direction. The head was con-

siderably mutilated, large indentation in thé right side of

the head near the temple. The eyeball was completely

out of the socket.

Q. Which eye was that? A. The right eye setting

out on.top of the socket and the clothes were disturbed or

torn or cut or something of that nature, and considerable

blood all over the area, cell, the walls and the individual

clothing also. I felt of the pulse to see if the subject had

any life in him, and at that time it had become stiff and

rigor mortis had set in, at least the body was beginning

to get stiff, and I was then unable to determine any life in

the subject, and so I left the cell at that time.

A78

[93] Q. Did you check the serial number, and how

was this subject dressed? A. All of the inmates—

Q. No, how was this one dressed? A. I checked his

serial number of his clothes with the serial number of the

officials of the Penitentiary.

MR. HENNELLY: I object to that, that will be hear-

say, and ask that it be stricken and the Jury instructed to

disregard it.

THE COURT: As I understand this witness’ testi-

mony, he is just telling what he did.

Q. That is right. You say you checked—

MR. HENNELLY: Your Honor is right, he hasn’t yet

said what happened as a result of—I withdraw the objec-

tion.

A. I checked the number on his clothing with the

record, the official records of the Penitentiary, and re-

vealed who the subject was. That is the way they kept

track of all of that.

THE COURT: Go ahead and ask your next question.

Q. I will ask you Lieutenant, take a look—what was

the number that was on the clothing of this subject found

in the cell? A. 64078.

Q. And I will ask you to take a look at State’s Ex-

hibit No. 8, and can you identify that?

[94] MR. HENNELLY: Excuse me, I am certainly

going to object to—you are only asking him to identify it?

Q. Yes.

MR. HENNELLY: Iam sorry, go ahead.

A. Yes, this is a picture of the subject I found in Cell

18 the night of the 22nd of September.

Q. Will you tell the Court that that is the same man?

A. Yes, sir.

Q. At this time we offer in evidence State’s Exhibit

:

4

e

i

2

wa deine

A79

MR. HENNELLY: Object and except to the intro-

duction of State’s Exhibit No. 8 for the reason that it is

hearsay and no proper foundation has been laid for its in-

troduction and to introduce it under these circumstances

would be a violation of the Constitutional Rights of the De-

fendant, and is totally immaterial and irrelevant to any

int at issue in this case.

THE COURT: Overruled, it may be received in evi-

dence. You may hand it to the Jury.

Exhibit 8, being a photograph, and not being in the

hands of the Reporter at the time this transcript is being

prepared, will either be attached to the transcript, if same

is furnished the Reporter before the transcript is com-

pleted, or else same can be had from counsel for Plaintiff.

Q. Will you mark this Exhibit 9.

Reporter marked Exhibit 9, a sledge hammer.

Q. Lieutenant, I will ask you to look at State’s Ex-

hibit 9, and [95] tell the Court and Jury, you know what

that is? A. Yes, sir.

Q. When was the first time you saw that? A. I

found this in Cell 18 in Death Row, alongside of the body

that I found down there the night of September 22nd.

Q. Alongside of the body of the man you just iden-

tified as being in this photograph? A. Yes, sir.

Q. Now, do you know the weight of that sledge ham-

mer? A. Sixteen pounds.

Q. How large was the indentation on the skull of

Walter Lee Donnell? A. Oh, it was, covered an area of-

two or three inches in diameter, in this area here, maybe

more. I would say it was larger than that. Three to four

inches in area. The whole side of his face there was muti-

lated.

Q. Mark this Exhibit 10.

Reporter marked Exhibit 10, a photograph.

Q.. I hand you what has been marked Exhibit 10, and

will ask you if you know what that is? A. Yes, sir.

A80 ~

Q. Were you present when that photograph was

taken? A. Pardon?

Q. Were you present when that photograph was

taken? A. Yes, sir, I was.

[96] Q. It wasn’t taken in September, 1954? A. No,

taken afterwards, after that date.

Q. Lieutenant, can you tell the Court and Jury

whether or not that photograph, what that is a photograph

of? A. This is a photograph of Cell 18 in Death Row,

and also shows some others, but shows a very good picture

of the front part of the front door and only door rather of

Cell 18. . sO

Q. Now, does that show, correctly show the condi-

tions as they existed at 10:30 on the night of September

22nd, 1954? A. No, sir, it does not.

. Q. Now, what is the difference, show the Court if

you will Lieutenant. A. The Jury?

Q. No, the Court first.

THE COURT: No, me.

A. The partition of each cell out from the wall im-

mediately in front of the cell, there is a partition with a

heavy galvanized wire on it that protrudes out at the wall

to keep anything from being handed from one place to the

other, from one cell to the other. Now, that night there

was a large hole in this screen wire and it was torn down

and hanging down. That has since been removed, since

this picture was taken.

Q. Now,— A. Before this picture was taken.

Q. Now, except for the fact that this photograph

doesn’t show [97] all the screen there, and on the night of

September 22nd, this photograph would have shown, had

it been taken on that night, would have shown the screen

in there, but torn down? A. Yes, that is right.

Q. Now, is that the only thing in the physical

structure there? A. Yes, I believe that about covers it, ©

A81

outside of the water and debris and other things laying

around on the floor.

Q. At this time we offer State’ s Exhibit No. 10.

MR. HENNELLY: Defendant will object and except

to the introduction of Exhibit 10, for the reason it is hear-

say and for the reason that no proper foundation has been

laid for its introduction, and for the reason that there exists

on the picture a—some person who apparently is placed in

a particular position, and that is leading and suggestive

and is hearsay, and it may tend to confuse and mislead

the Jury and under the circumstances, I object to it.

THE COURT: Does this figure of a man have any

particular significance in this case? There is a picture of

aman on Exhibit 10.

A. ‘Yes.

Q. And at this particular point that man is standing

infront of Cell— A. 18.

‘Q. 18? A. Yes.

[98] THE COURT: All right, the objection is over-

ruled, and it may be received in evidence.

Exhibit 10, having been received in evidence, being

a photograph, is attached to the original of this transcript.

Q. Lieutenant, at the time this photograph was

taken, where were you? A. I was in Cell 17.

Q. Now, will you explain to the Jury, hold that

photograph up, and tell the Jury how much of the screen

there could you see from Cell 17?

MR. HENNELLY: Object to that if Your Honor

please, for the reason that that is totally irrelevant, im-

material to any point in issue, and invades the province of

the Jury, and is a conclusion.

Q. That is af right, I will show it at a later time.

THE COURT: All right. The Court would permit

this witness to testify what he can see from Cell 17 if he

wishes.

Cfo ttle BLAS LAAT PIPER

A82

Q. Allright, go ahead. A. This is Cell 17 over here.

This is Cell 18 here, with the man standing directly in

front of it. And by getting up next to the bars and laying

your head close to the bars, you can see the back portion

of this man, the back of his shoulders and his shirt and

trousers, on down to his feet. Now, he is standing with

his toes within twelve inches of—or fourteen inches of the

door itself, into the cell. These [99] partitions that pro-

trude out from the wall of the cell block there are two

feet wide, which this screen wire is fastened onto. Now,

if he was to move back any distance at all—

THE COURT: That would bea conclusion.

Q. Weask that that be withdrawn Your Honor.

THE COURT: He can tell what he saw at that par-

ticular place.

MR. HENNELLY: Under those circumstances, I am

going to ask that all that testimony be stricken and the

Jury instructed to disregard it, and a mistrial be declared

up to the point where Your Honor stopped him, for the

reason it was a conclusion, it is hearsay, totally irrelevant

and immaterial to any point in the case, and invades the

province of the Jury, and don’t take into consideration a

lot of other factors that was in there.

THE COURT: This witness is testifying that stand-

ing in the cell, just what on this particular picture he

can see, and he has stated where his position was, and

what he was able to see as shown on this picture, and I

think he is entitled to that testimony, and that testimony

is admissible in evidence, and that objection will be over-

ruled.

MR. RILEY: (Out of the hearing of the Jury). I

want the record to show that I have refrained from asking

this witness who was in Cell 18 at the time this photograph

was taken.

THE COURT: Cell what?

A83

MR. RILEY: 18, at the time this photograph was

taken, for the [100] reason that-at that time, the Defend-

ant, James William Stidham was in that cell, and that he

was celling in there at the time this photograph, particular

photograph was taken. J will ask the witness that and

make that offer of proof now. I don’t want it to go to the

Jury.

MR. HENNELLY: I say that don’t make any differ-

ence, who the man was in that cell. That is not the part

of my objection.

MR. RILEY: It certainly can’t be hearsay.

MR. HENNELLY: The heart of my objection is that

the whole thing is totally irrelevant and immaterial. You

are proving what somebody else saw.

THE COURT: I don’t know what they are going to

try to prove. There may be other testimony that is intro-

duced. I don’t know. I presume that as testimony de-

velops there will be some significance connected with

this. It can’t all come in at one time. And this witness

may testify and explain the matters as he has already ex-

plained it, and the Court has already ruled on it, and the

objection is overruled.

Q. Who else did you find in Death Row that night?

A. The subject of Sammy Reece, Doc Booker, and a man

by the name of Eaton, and a man by the name of Ford,

and a man by the name of Creighton.

Q. Where was Creighton? A. He was in Cell 17,

the eastern most cell of that tier of cellblocks.

Q. Wiil you turn around Lieutenant to Exhibit No. 1

on that [101] chart, and point to Cell No. 17? A. Right

here is Cell 17.

Q. And where was Cell 18? A. Right next to it.

Q. Cell 18 is where you found the body? A. That

is right, sir.

Q. 17 is where Creighton was? A. That is right, he

was in this cell here, the end cell.

A84

Q. Now, was the door to Cell 18 open or closed? A.

It was open.

Q. And how did you find the door to Cell 17? A.

It was locked.

Q. And did you finally get into Cell 17? A. Yes,

sir.

Q. How? A. I got the keys from a subject by the

name of Ford, who was in his cell locked up, and I don’t

know which one it was, but it was up in here.

Q. What time, about what time was it when you got °

Creighton out? A. It must have been eleven o’clock,

maybe later, that I got him out of there. I would say in the

neighborhood of eleven. It took quite a little bit to get the

lock undone.

Q. Going back to the sledge hammer, what did you

do with the sledge hammer? A.. I took the sledge hammer

and locked it up in the Deputy [102] Warden’s office. |

later taken it to our laboratory and turned it over to our

laboratory.

Q. Who did you turn it over to? A. Sergeant

Rhodes.

Q. And was Lieutenant Williams there at the time?

A. Yes, Lieutenant Williams was there.

Q. And is that sledge hammer in the same condi-

tion now as it was at that time? A. Except that it

doesn’t have as much blood on it as it had at that time.

Q. Now, did you go through all of the cells in Death

Row that night? A. Ichecked them. I didn’t go in them.

Q. Did you find Rollie Laster? A. No, he wasn’t in

there.

Q. Did you find the Defendant, James William Stid-

ham? A. No,sir, he wasn’t in there.

Q. Did you find any other wounds or marks on the

body, other than the injury to his skull? A. Well, I

didn’t take any of his clothes off to look, no, sir.

A85

~ Q. Well, as to the parts of the body that was ex-

posed? A. The part that I could see was his head.’ That

didn’t have clothing on it.

Q. What about his neck? [103] A. Well, I mean this

part above his shirt, yes, I could see his neck.

Q. Was there an injury to his throat and neck? A.

Yes, his throat had been cut.

Q. You will have to speak louder. A. His throat

had been cut, yes, sir.

Q. How large? A. Quite a gash across there.

Q. Well, indicate to the Jury. A. I would say three

or four inches across here.

Q. Onwhich side? A. It was on this side.

MR. HENNELLY: The left side?

A. I believe it was this side, the right side, the best

of my memory.

Q. You said right, and you are pointing to the left.

A. Well, I still say it was this side.

MR. HENNELLY: I am going on for the purpose of

clarification Your Honor, so we know which side—

THE COURT: Hehas pointed to the left side.

MR. HENNELLY: Pointed to the left side.

Q. That is all at this time.

Cross-Examination by Mr. Hennelly

Q. Lieutenant, you have been in the State Highway

Patrol for some years now, is that right? [104] A. A few

years.

Q. In the course of that time, I suppose you have had

reason and opportunity to see a number of people who have

suffered violent death, have you? A. Yes, sir.

Q. You have seen a number of people who were de-

ceased, and you have examined a number of dead bodies,

have you? A. Yes, sir.

Q. In the course of your vast experience with the

Department? A. That is right.

A86

Q. I understand that at the time you found this body,

that the body was stiff and rigor mortis had set in? A.

I am no specialist in that, but he had begun to get stiff,

Q. He had begun to get stiff? A. Yes, sir.

q Q. Based on your experience that you have had, in

’ examining other bodies, and having seen other bodies,

where rigor mortis had set in, is it your opinion that rigor

: mortis had set in to this body?

: MR. RILEY: If the Court please, this man is not a

F doctor, and for rigor mortis to set in, in some bodies takes

; longer than others. I don’t know that this man can—

THE COURT: Sustained. The witness has stated

that he wasn’t an expert, except that the body had —

to get stiff. He didn’t know what it was.

: [105] MR. RILEY: A body may begin to get stiff and

: still not be rigor mortis.

; * MR. HENNELLY: -I ask that that be sisitin, if

: Your Honor please.

4 y

THE COURT: All right, it may be stricken. As pre-

viously stated, remarks of counsel that are not connected

with questions that are being asked the witness, are not

testimony in the case, Gentlemen of the Jury.

Q. Now then Lieutenant, I believe that you arrived

there about ten o’clock that night? A. In front of the

Penitentiary.

Q. In front of the Penitentiary? <A. Yes, sir.

\ Q. And looking, if you will Lieutenant, at State’s Ex-

4 hibit 1, which is that plat in back of you there, when was

: the first time that you entered that building? A. I judge

4 it was around ten-thirty.

Q. Around ten-thirty? A. Yes, sir.

Q. And I will ask you Lieutenant, looking, if you

will, at the front part of State’s Exhibit 1, which indicates

some steps next to a plumber’s room, and steps next to the

Protestant Chapel, Protestant Chapel office, were there

Pete Ba

A87

any State Patrolmen outside of that door, or those doors

which lead down those steps? A. Outside of the building?

[106] Q. And would you say whether or not they

had set up something of a barricade out there? A. No, the

officers set up no barricade. The steps were barricaded

by the inmates.

Q. Now, tell us what you mean by the barricade, and

where was it situated? A. This shows steps going down

from ‘the first floor level to the basement. It doesn’t indi-

cate the steps coming from the B and C cell blocks lobby

outside. That would be in this area if it was so indicated.

Q. Excuse me, do I understand that there are some

steps which are not reflected on this State’s Exhibit 1?

A. Yes, sir, from the lobby, as I stated before, from B and

C cell blocks, coming to the outside part of the building.

This shows the steps coming down into the basement.

Q. So that those steps which you refer to are not

steps which would be on this section of the plat at all, is

that right? A. What do you mean by section?

Q. Well, would those steps, would those steps come

down into any point which is shown on State’s Exhibit 1?

A. They would come down to an area right here, right

even with where these start down.

Q. So that the end of those steps are the beginning

of these, is that right? [107] A. You have to turn after

you come down these, you turn to the right or to the left,

to get in on these steps here to get into the basement.

Q. Now, which way would those steps run? A.

They would go from the north to the south upward.

Q. From the north to the south upward? A. Yes,

sir.

Q. Now, were those steps barricaded? A. Yes, sir.

Q. Who had barricaded them? A. I don’t know, the

inmates I presume. They were the only ones in there.

A88

Q. Now then Lieutenant, when you arrived there,

who did you have with you? A. I had, I didn’t have any-

one with me when I arrived at the Penitentiary.

Q. When you arrived at_B_ basement, who did you

have with you? A. Trooper Finney Ward.

Q. And at that time, were there any inmates outside

of those who were locked in their cells, were there any

inmates in the outer section of the vestibule there? A. No,

sir, there was not an inmate in this area.

Q. Now, as you come down those steps, were there

any lights on down there? A. Not in this area right here.

[108] Q. Where was the first place that you saw a

light after you got in there? Did you see any lights? A.

Yes, there was, I believe there was a light on right in

this area right here. I believe there was a light there

screwed into the wall, as I remember it. And I don’t recall

of any other lights being on back in this area. However, it

was very light.

Q. Was it necessary for you to proceed witha flash-

light? A. I used a flashlight.

Q. Now then, these doors, looking at Door No. \ was

that open when you got there? A. Yes, sir.

Q. And door 2, was that open? A. That was open.

Q. And 3, was that open? A. It was open.

Q. So that you had proceeded without being molested,

or without any stop of any kind, into those three doors?

A. Outside of debris and stuff of that nature, and water, I

wasn’t stopped.

Q. Was there a considerable amount of water and

debris? A. Lots of watermelons and sticks and chairs

and everything.

Q. Lot of broken chairs? A. I wouldn’t say a lot of

them, but there were pieces of.that sort of stuff laying

around.

A89

[109] Q. And was there pieces of that cluttering up

that area way as one comes down from 32 to 17? A. No,

there was a lot of water in this area here.

Q. Did you at anytime that evening, investigate the

source of that water? A. Not there.

' Q. Sir? A. No,not there.

Q. Was it a condition which indicated to you that the

water was still running when you got there? A. No. I

am sure it didn’t accumulate anymore after the high rise.

Q. Can you give the Court and Jury any idea as to

how deep that water was? A. It would vary because of

the fact that the floor isn’t level all the way through, and

some places it is worn off more than others, and there

would be deeper spots.

Q. Very well. At the deepest point would it be above

your ankles? A. No, I wouldn’t say it was. I wouldn’t

say it was that deep. I got my feet wet, but I don’t believe

I went over my shoes.

Q. Now then, I believe that you indicated that the

keys were missing when you first got in there, is that right?

A. What do you mean by missing?

Q. I mean you had to get the keys from somebody,

didn’t you? [110] A. Yes, I made an inquiry as to who

might have the keys.

Q. Now, you got the keys from Mr. Ford, is that right?

A. Yes, sir.

Q. Acolored inmate? A. Heis.

Q. Did you have some difficulty in getting them

fromhim? A. No.

Q. Did he tell you at first that he didn’t have them?

A. That is right.

Q. And did you persuade him to give them to you?

A. Isaid I had information that he had them, and I wanted

them.

|

3

i

¢

=

&

4

4

A90

Q. And he just handed them over to you? A. He

gave them to me.

Q. Isthatthe way itwas? A. Yes, sir.

Q. Now then, it wasn’t necessary for you to use any

other type of persuasion? A. No, sir, none whatsoever.

Q. Now then Lieutenant, where was the first place

you went after you got those keys? A. I went back and

tried to get Creighton out of his cell. He was in such a

condition, I felt like it was necessary to get him to a hos-

pital.

Q. All right. Now then, I want you to look at

State’s Exhibit 1, which is this plat, and I believe you indi-

cated previously that [111] Creighton was in Cell 17, is

that right? A. That is right.

Q. Look, if you will, at this exhibit Lieutenant, and

tell us where in that cell you first saw Creighton? A. |

went down in the cell that he was standing hollering and

yelling for help, and he was right up next to the bars, next

to the front.

Q. Would you say at that time, let me ask you this.

Strike that. In the course of the time that you have been

with the State Highway Patrol, I suppose yqu have had

plenty of opportunity to see people in hysteria, have you?

A. Yes, sir.

Q. Would you say that Creighton was in a hysterical

condition when you arrived there? A. He was injured,

he was hurt.

Q. All right. Now, did you see some marks on him

which indicated that he had been hurt? A. Yes, sir.

Q. Where was he marked? A. On his head and

teeth and jaw and hand.

Q. Based on your experience in the Department, and

bodies that you have seen, and people that you have seen

that were injured, would you say that he had sustained

a

Rat

ers

A91

considerable injury prior to the time that you had arrived

there? A. Yes, I would say he had.

[112] Q. Very well. Now then, did you first get

Creighton out of his cell before you did anything else

Lieutenant, or did you go to Donnell’s cell before you got

Creighton out? A. I, on my way down the corridor inside

the cell cage in here, I checked the other cells to see that

they were locked first, and then I found this one, naturally,

because I come to it before I did Creighton’s, and then I

checked Creighton’s and couldn’t get him out, because I

couldn’t get the door open, and had nothing to open it with,

and then I returned back here and checked this other side,

which is the isolation ward, more or less, for new prisoners,

and then returned back here. I didn’t want them to rush

me from the rear or something of that nature, and I seen

that these were all secured, and I came back, immediately

back here and got the keys from Ford and proceeded to

let Creighton out.

Q: Do I understand that before you left, even knew

Creighton was there, you had first looked into Cell 18? A.

I knew somebody was back there because I could hear him

holler and hollering for help, and that was my aim, as I

proceeded down here, checking all these cells before I got

to him, I run onto Donnell’s body.

Q. So that you stopped at least and looked at Don-

nell’s body before you ever found Creighton, is that right?

A. That is right.

Q. Did you spend some time there at Donnell’s body

[113] A. Didn’t take very long. I don’t think I was in

there over thirty seconds.

Q. You were in there thirty seconds? A. Yes, sir.

Q. Now, at that time, where was Creighton? A.

Still in his cell.

Q. Was he back in his cell? A. Oh, he was up there,

you could tell by then that it was an officer.

A92

Q. Now, after you came:back, did you first get Don.

nell’s body out of there before you did anything about get-

ting Creighton out? A. I didn’t remove Donnell’s body

from there at all. While I was getting Creighton out of his

cell, Donnell’s body was removed.

Q. Would you say that all in all, you only spent those

thirty seconds in Donnell’s cell? A. I don’t believe over

thirty seconds, or a minute at the most. I had no reason

to spend any more time in there.

Q. And that was, did you ever see that body after

that time? A. No. I seen it to the front.

3 Q. That is the last time you saw that body? A. Yes,

i sir.

; Q. You saw it for thirty seconds, and that the eyeball

was hanging out there and that ther€-was a big gash on the

head, and [114] the lights were out, because you had to

use a flashlight, and you tell the Court and Jury that there

isn’t any question in your mind, but what that man, that

the man that you saw there was the man whose picture

is shown in State’s Exhibit 8? A. That is right.

Q. Isthatright? A. That is right.

Q. In that thirty seconds—you—is that when you

looked at his neck and these other marks on him? A. That

is right. It didn’t take any time to do that.

Q. Still had the flashlight, did you? A. That is right,

but there was other lights. I didn’t take—

Q. Was there any other lights that was on back there

either in the vicinity of cell 17 or 18? A. Not that I recall,

in the building, but there was lights coming from the fire.

Q. Coming from the fire? A. Yes, sir.

Q. But you did have your flashlight on didn’t you?

A. Yes, that is right, I had my flashlight.

Q. Now then, did you incorporate any of your find-

ings with respect to the condition of that body, in any re-

port which was given to the Vital Statistics Bureau for

Cole County? A. I don’t know whether they got it or not.

US OTS eta

A93

[115] MR. RILEY: Ifthe Court please, I presume that

Cole County has got a Vital Statistics Bureau, and the

records would be the best evidence.

THE COURT: Sustained.

Q. I am sorry, I withdraw it. .I will rephrase the

question. You were the first man to find the body and

you were in charge there’ that night, weren’t you? A. I

don’t know, no, I wasn’t in charge.

Q. Well, let me ask you this, did you at anytime

submit to any authorities in Cole County, either to the Pen-

itentiary authorities or to the Vital Statistics Bureau, any

information with respect to.the condition of the body when

you found it? A. No, sir.

Q. You did not? A. No, sir.

Q. Did you at anytime make out a report indicating

that the man had been shot? A. No, sir.

Q. You did not? A. No, sir.

Q. Did you at anytime after the time that you had

found that body, have reason and opportunity to inspect

a death certificate on that body? A. No, sir.

Q. Very well. Now then, how long did you stay there

that night Lieutenant? A. I was inside the Penitentiary

all night.

[116] Q. You were in there all night? A. Yes, sir.

Q.: And when was the first time, after you had

arrived there on the night in question, that you saw the

Defendant, James Stidham? A. I saw him, oh, it was

during the night, I don’t know what time it was.

Q. And where did you see him? A. He was stand-

ing out just off of the lobby on the same floor level, on the

B side of the cell blocks.

Q. And would the position you saw him be indicated

on State’s Exhibit 1 there? A. I can’t do it there.

Q. You mean— A. That isn’t what I am talking

about. That isn’t the floor level I am referring to.

PPtvtictrr ce ccs:

5

A94

Q. Tell us with respect to that State’s Exhibit 1,

where was he, was he upstairs or outside? A. He was

upstairs above this.

Q. All right. Did you question him or talk to him

at that time? A. I had no reason to.

Q. Did you question or talk to him at anytime after —

the night of the 22nd? A. I talked to him on the night of

the 23rd.

Q. Now, where was that questioning, where did that

questioning [117] take place? A. In the Classification

Room, just off of the large tunnel across from the Deputy

Warden’s Office.

Q. You know what time of the day or night that was?

A. Well, I judge it to be around about—between eight and

nine, somewhere in that neighborhood, sometime after we

had gone to work. i

Q. Now, the Classification Room Lieutenant, is there

furniture in there? A. Yes, there is seven or eight chairs

and a table.

Q. I would defer for a moment to the State, if they

want to offer this, and won’t object to it Your Honor.

THE COURT: Are you intending to offer it?

MR. RILEY: I might as well, and let the Jury see it.

THE COURT: You might have it identified, was it

marked?

MR. RILEY: Mark it Exhibit 11.

Reporter marked Exhibit 11, a photograph.

Redirect Examination by Mr. Riley

Q. Lieutenant, I will show you what has been marked

as State’s Exhibit 11, and will you tell the Court and Jury

what that is? A. Yes, this is a photograph of the Clas-

sification Room.

Q. Does that correctly show the physical features of

that room? A. Yes, sir.

kA

A95

[118] Q. On September 23, 1954? A. Yes, sir, it does.

Q. We at this time offer Exhibit No. 11.

_MR. HENNELLY: No objection.

THE COURT: It may be received in evidence.

Exhibit 11, being a photograph, having been received

in evidence, is attached to the original of this transcript.

THE COURT: I believe we will take a recess at this

time Gentlemen. Now during the recess, you will be taken

up to your Jury Room, and don’t discuss this case among

yourselves. Of course nobody is supposed to talk to you

and there won’t be anybody able to get to you up in this

Jury Room, in the Jury quarters. They are available for

the Jury, but during the recess of this Court, and when

you go to the J ury,Room, don’t discuss the case with any-

one or permit anyone to talk with you about it. Now,

I think we have a pitcher of ice water and the Sheriff’s

office, one of the deputies will bring some ice water up

to you, for you. I think they have some cups up there

and you can have a drink of ice water. The Court will

be in recess for a few minutes.

The Court recessed at 3:00 P.M. until 3:15 P.M.

Recross-Examination by Mr. Hennelly

Q. Now Lieutenant, I am going to show you what has

been accepted in evidence as State’s Exhibit 11. At the time

you [119] questioned the Defendant Stidham, was it in

that room that is reflected on State’s Exhibit 11? A. That

is right.

Q. And at the time he was brought in was he seated

- at that table? A. Yes.

Q. And at that time was he handcuffed, if you know?

“A. No, sir.

Q. And how many men were there questioning him

at that time? A. Well, I don’t recall, five or six of us.

Q. And was he sent back to his cell then? A. That

is right.

Peas aes

Bak << par

vote one,

Beh 9)

FORE ns

ities TE |

«aus

Ne :

A96

Q. And when was the next time that you questioned

him? A. I never did talk to him anymore.

Q. You never did question him again? A. No.

Q. Was that the last time you had anything to do with

Stidham personally, with respect to your handling of this

case? A. Outside of conveying him back and forth to Cole

County Court House.

Q. Aside from that? A. Yes.

Q. Very well. Now then, with respect to this, which

has already been accepted in evidence as State’s Exhibit—

THE COURT: I don’t believe it has been referred

to as an exhibit.

[120] MR. RILEY: Exhibit 9.

Q. Is it your testimony that that was found in one

of the cells on the night of 22nd? A. Found in cell 18.

Q. Incell 18? A. Yes, sir.

Q. Taking into consideration the front part of the

cell, where did you find it? A. As I stated before, the

body was lying on its back in a northeast southwest direc-

tion, which would put his head-closer to the east wall

and “the sledge hammer was right near his shoulder and

the wall. Just a very short space there.

Q. Now, I believe there was considerable blood on

this, isn’t that right? A. Yes, sir.

Q. And considerable blood all over the walls in that

cell, is that right? A. I don’t know about all over the

walls, it was particularly on the back wall and east wall.

Q. Back wall and east wall? A. Back wall and east

wall.

Q. Was there blood on the ground? A. Well, there is

no ground there.

Q. Imean— A. That is the floor.

Q. On the basement? A. Tile floor, and it was

covered with [121] water and partly covered with water

and blood in there on the floor and water together.

A97

Q. Now, can you tell the Court and Jury, is there a

bed in that cell? A. I believe that cell just had a mat-

"tress in it at that time.

Q. As a matter of fact, all those cells only had a

mattress on the floor? A. No, that isn’t right.

Q. Thatisn’t right? A. No.

Q. In that cell, he was on a mattress? A. Best I

can recall, it was a mattress in there, but there could have

been a bed, a very low bed, but I don’t believe so.

Q. Now, I believe that you indicated that you took

this out of here, you took this, which has already been

marked Exhibit 9, out of the cell, and that you then put it

in the Deputy Warden’s office? A. Taken it up there

and locked it up in a locker after marking it for identifica-

tion.

Q. Isn’t it the custom and the practice of the State

Highway Patrol to take evidence over to the Headquarters?

A. When they get it together.

Q. Well, you had that didn’t you? A. That is right,

but I had other things to do besides lugging [122] that

sledge hammer around all night.

Q. When was the next time you went and got it

Lieutenant? A. It was the following day, I believe it

was, that I took it to, could have been a day or two later.

I knew where it was, because it was locked up. I wouldn’t

say just whether it was the next day or not.

Q. Was it locked up with a number of other sledges?

A. No, sir.

Q. Was it ina place all by itself? A. Yes, sir.

Q. Where was it? A. In the Deputy Warden’s office.

Q. Was it in a cabinet of some kind? A. Yes, sir,

a cabinet or a little safe.

Q. Sort of a cabinet or safe, whatever you want to

call it? A. Yes, sir.

Q. Was there a combination on it? A. No, a padlock

on it.

AE SORE LIAS ON ain ee |

A98

Q. Padlock? A. Yes.

Q. Then you took it over to Headquarters, is that

right? A. That is right.

Q. Now, that is a section of the State Highway Patrol,

which is given over to laboratory analysis of things, isn’t

that right? A. Yes, sir.

Q. And I believe that the State Highway Patrol has

a section [123] for the handling of the identity, identifica.

tion of blood and blood specimens and finger prints and

things of that kind? A. Yes, there is a laboratory.

Q. Now, Iam going to ask you what is the physical

difference on this exhibit besides the blood, from the night

that you first saw it? A. I put two pieces of paper on it,

and wrapped this here tape around it, because handling

it, this handle was splintered, and I didn’t want to get

splinters in my hands.

Q. Was it splintered or broken when you first saw

it? A. Yes.

Q. Iamsorry? A. Yes.

Q, And this, was it all in one piece when you found

it? A. Just like that, with exception of that, which I in-

dicated.

Q. All right. When did you put the tape on it

Lieutenant? A. When I taken it from the Deputy Ward-

en’s office to the Penitentiary.

Q. When you took it— A. From the Deputy Ward-

en’s office to the lab I mean.

Q. You know what date that was? A. I won't say

for sure, but it couldn’t have been but a day or two, after

I found it.

Q. No further questions.

{124] Redirect Examination by Mr. Riley

Q. Lieutenant, when you got the keys from Ford,

where was he? A. Where was Ford?

A99

Q@. Yes. A. He was in one of these cells right in

here. I couldn’t tell you positively which cell he was in.

Q. Was his door open or closed? A. No, sir, his

door was closed and locked.

Q. Now, Lieutenant, you said that you could see

down in there, how could you see?

MR. HENNELLY: Object to that, that question is

too vague and indefinite and speculative, and calls for a

conclusion. ,

Q. You said you had a flashlight? A. Yes, I used

a flashlight part of the time. It wasn’t necessary for me

to use the light to get around with, but to look.

Q. Was there any other lights down there? A. Yes,

there was considerable light coming into the building, but

as I stated before, I believe there was one light burning

right up here, was all that I recall. There could have

been another dim light down in there somewhere, but I

don’t recall it.

Q. Well, was there any other light coming from any-

place? A. Yes, sir, there was. The back of the building

here, the [125] cellblock which is the east end of it, twenty-

five feet I would say to a building that was burning, and

it threw light into the building here and back in this area

back up here, there was a building burning which was

reflecting considerable light in these windows along here.

There was windows along in there, and that reflected right

into the cell.

MR. HENNELLY: Object to that, and ask that that

be stricken and the Jury instructed to disregard it, and a

mistrial declared. It is a conclusion and self-serving state-

ment.

THE COURT: Do I understand your testimony, you

are testifying where the light was and where it came in?

A. Yes, sir.

THE COURT: As you saw it and observed it on this

particular night?

A100

A. That is correct.

THE COURT: Overruled.

Q. Now, what are the floors made of in the hal].

ways there? A. The floors in there are tile, white tile.

The walls are white, glazed brick, and all around the floors

and the walls are white tile.

Q. Mark this Exhibit 12.

Reporter marked Exhibit 12, a photograph.

Q. Lieutenant, I hand you what has been marked

as State’s Exhibit No. 12, and ask you if you can tell the

Court what that is? [126] A. Yes, sir. This is a hole, or

part of a hole dug in the side of the wall.

Q. Is that a picture of the wall? A. This is a pic-

ture of the wall in B basement.

Q. Now, did you examine that wall that evening?

A. Yes, sir.

Q. Thatnight? A. Yes, sir.

Q. I will ask you if that photograph correctly repre-

sents the condition of that wall as you saw it that night?

A. Yes, sir.

Q. Now, will you indicate on Exhibit No. 1, where

that wall is? A. This wall in this photograph is this wall

right here known as the Christian Science Chapel office,

this wall right here, and this photograph is just about the

middle of it, right in here.

Q. Lieutenant, will you tell us whether or not that

photograph, which side of the wall is that photograph

taken from? A. This photograph was taken from inside

of this small room, and it would be the west side of this

wall here.

Q. Be the part of the wall that is outside of B base-

ment? A. That is right.

Q. I believe that is all sir.

[127] Recross-Examination by Mr. Hennelly

Q. Just one question Lieutenant, this State’s Exhibit

10, which you have already identified, and which has been

A101

introduced into evidence, do I understand correctly that

with you standing in the corner of cell No.—which one

were youin? A. 17.

Q. Of Cell 17, which was the cell that you found

Creighton in, isn’t that right? A. That is right.

Q. That all you could see from the man, of the man

who was standing in that position in front of Cell 18, was

his back, is that right? A. That is right, the back portion

of him.

Q. The back portion? A. Standing like this man is

here.

Q. There was nobody poking at you, you were just

standing there? A. That is right, I was up here looking in.

Q. And you were at that time in good physical condi-

tion, you didn’t have any broken jaw or anything like that,

did you? A. No.

Q. No further questions.

MR. RILEY: That is all. Call Sergeant Rhodes.

[128] SERGEANT JAMES RHODES,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Riley

Q. Will you state your name ‘please? A. James

Rhodes.

Q. Mr. Rhodes, you are a Sergeant of the Missouri

State Highway Patrol? A. Yes, sir, that is right.

Q. How old are you sir? A. Twenty-nine.

Q. How long have you been with the Missouri State

Highway Patrol? A. Little over six years.

Q. And where are you stationed? A. Jefferson City,

Missouri.

Q. And in the general headquarters? A. Yes, sir.

Q. Are you in the laboratory there? A. That is cor-

rect.

ere |

ar Ae es

Licks nh thin ND

A102

Q. Where did you go to school Sergeant? A. I went

to Westminister College at Fulton, Missouri.

Q. How long did you go to Westminister? A. Foy

years.

Q. What did you majorin? A. Chemistry.

Q. Did you receive your degree in Chemistry? [129]

A. Yes, sir.

Q. After you graduated from Westminister, what did

you do? A. I worked for approximately six months with

Presnite Engineering Company at St. Louis.

Q. What kind of work did you do? A. I worked ina

laboratory.

Q. What type of work are you now doing for the Mis-

souri State Highway Patrol? A. I am assigned to our

technical laboratory in Jefferson City.

Q. You make various examinations? A. Chemical

analysis.

Q.” Chemical analysis? A. Yes, sir.

Q. Have you had any experience in analyzing blood-

stains? A. Yes, sir. ;

Q. Have you read any text books on that question

since you graduated from school? A. Yes, sir.

Q. What textbooks have you read?

MR. HENNELLY: For the purposes of the record, |

will admit his qualifications in the field in which he con-

cerns himself with in the laboratory.

THE COURT: They can be admitted unless counsel

wishes to further qualify him.

Q. If he admits it, admits that he is qualified for that

[130] purpose.

THE COURT: Do you admit that he is qualified for

making surrological tests?

MR.HENNELLY: Yes. sir.

Q. I hand you what has been marked as Exhibit No.

9, and ask you if you have ever seen that instrument be-

fore? A. Yes,I have.

A103

Q. Do you recall when you first saw that? A. Yes,

I first saw that on September 30 of last year when Lieuten-

ant Barton brought it to the laboratory.

Q. Did you make an examination of that sledge ham-

mer for the presence of bloodstains? A. Yes, sir.

Q. What, can you tell this jury what you found? A.

I found there were extensive red colored stains present on

the head of the sledge hammer, and I made examination of

those and they were identified as human bloodstains.

Q. Did you analyze those stains according to chemical

analysis? A. Yes, sir.

Q. And they were human bloodstains? A. That is

correct.

Q. Did you make any identifying marks on that ham-

mer? A. Yes, sir, I did.

Q. That is the same hammer you examined? A. Yes,

sir.

[131] Q. That is all.

Cross-Examination by Mr. H ennelly

Q. Sergeant Rhodes, how long have you been with the

‘laboratory? A. Well, ever since I began working for the

Highway Patrol.

Q. Now Sergeant, does the Police Laboratory of the

Highway Patrol in Jefferson City, does it concern itself

also with fingerprint identification? A. Yes, we do

fingerprint work.

Q. And I believe you make chemical analysis of vari-

ous materials which would be subjected to you for the

purpose of identification? A. That is right.

Q. Now, I will ask you in this case, did you have an

opportunity to make an examination of any materials un-

der the fingernails of one Walter Lee Donnell? A. No, sir.

Q. Now, with respect to your findings, that there was

human blood on this exhibit Sergeant, that is the first step

in any analysis of any instrument or exhibit, which might

: Se otal fa ts a ih gs aaa

EL Ne 3 OER GA

A104

be given to you with material on it which appears to be

blood, isn’t that right? A. Yes, sir, that is right.

Q. The first thing you do is to determine whether or

not it is human blood? [132] A. Well, first, we deter-

mine whether or not it is blood, and then if it is, whether

it is human blood.

Q. That is right. Now after you determined it was

Human blood, am I correct in stating that there are Steps

which are taken after that in breaking down the blood into

the various types under a certain system which you have

in the State Highway Patrol? A. Yes, we can check

stains to determine the blood group.

Q. Now, what system do you use in determining that,

the International Grouping, Sergeant? A. Yes, in group-

ing the stains, we group them according to the four main

blood groups.

Q. Tell, the Court and Jury what those four are? A.

The most common group is Group O, and then Group A,

and Group B, and Group AB.

Q. Now, within those four classifications, within

your experience in the laboratory, in dealing with blood

specimens, you can break that down still further, can’t you?

A. That is the only breakdown that we make on the dry

blood stains.

Q. Well, is there such a thing as an M factor, within

one of those groups? A. Yes, sir, there are M and N

factors.

Q. MandN factors? A. Yes, sir.

[133] Q. So that one might be a type O with an M

or an N factor, either present or absent, isn’t that right?

A. I believe that is correct.

Q. So that would give you, enable you to break it

down more than just by making a general analysis with

respect to the fact that one might be one of those four

groups, isn’t that right? A. Yes, sir, that is correct.

A105

Q. All right now, I will ask you with respect to the

M and N factors, are there any other methods whereby

you could break it down? A. Well now, it depends on the

condition of your blood specimen. Now, as I say, we just

group on the dry stains as to the four main blood groups.

Now on your blood, dry stains, there is the RH factor, and

PN factor, and they can’t be accurately determined on dry

stains, so we just group our four main blood groups.

Q. Do you at anytime, do you ever forward blood

either to Dr. Gradwahl in St. Louis to proceed further with

a blood examination? A. I don’t recall of any cases right

offhand sir, no.

Q. Let me ask you this, has it ever been, within your

experience that you have broke down a dry bloodstain, be- |

yond the four broad classifications? A. No, sir, I have not.

[134] Q. Can that be done by anybody in your

laboratory? A. Not that I know of. We don’t do that.

Q. Who is the Lieutenant in charge of the laboratory?

A. John Williams.

Q. Does he do blood work also? A. Yes, sir.

Q. Now, I will ask you this, was there ever at any-

time in the course of this case, any blood forwarded to you

from the body of one Walter Lee Donnell? A. No, sir.

Q. So that your examination of this instrument tells

us that there is, first of all, that it is human blood, did you

break it down further, can you tell us, can you tell this

Court and Jury what blood type is on that hammer, was

on that hammer? A. Of the blood grouping determina-

tion, it indicated that it was Group O.

Q. GroupO? A. Yes.

Q. But you didn’t break it down any further with

an M and N factor, or anything like that? A. No, sir.

Q. And you didn’t forward that to anybody else for

the purpose of proceeding further with that? A. No, sir.

np Sant oe esa

A106

Q. Thank you very much Sergeant. No further ques.

tions.

[135] MR. RILEY: That is all.

JOE LAMAR,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Riley

Q. Will you state your name please? A. J.G. Lamar,

Q. Mr. Lamar, will you speak as loud as you can, be-

cause with the fans, it is difficult to hear. Mr. Lamar, you

are employed by the Missouri State Penitentiary? A. |

am.

Q. And what capacity? A. Superintendent of

Identification Records.

Q. Do you have under your control and supervision

all of the records pertaining to inmates in the Missouri

State Penitentiary? A. Ido.

Q. Do you have there the record as to the time they

come in? A. Ido.

Q. Fingerprints? A. Ido.

Q. Photographs? A. Right.

Q. And the time they goout? A. Right.

Q. Are those records that are required to be kept by

law? A. They are.

Q. I show you what has been marked State’s Exhibit

No. 8, and [136] will you tell this Jury what that is? A.

That is a photograph of one Walter Lee Donnell.

Q. Did you know Walter Lee Donnell personally? A.

I did.

Q. What was his record number? A. 64078.

Q. Did you see Walter Lee Donnell on the night of

September 22nd, 1954? A. I did.

Q. Where was he? A. Across the hall from the

Deputy Warden’s office in the Classification Room.

A107

Q. And what was his condition? A. He was dead.

Q. How did you determine that he was dead? A.

Well, his body was beginning to be stiff already. I knew

that he was dead.

Q. You say that was across the hall from the Deputy

Warden’s office, is that inside of the Missouri State Peni-

tentiary? A. It was.

Q. InCole County, Missouri? A. Right.

Q. And describe what you observed about Walter

Lee Donnell’s body at that time? A. His throat was cut

in two places.

Q. Now, just what two places were they? [137] A.

One on each side of the throat.

Q. Now, you say it was cut, now just describe the

wound, will you? A. There was a gash, inch and a half

or two inches long on each side, and the flesh was wide

open.

Q. What else? A. There was a large hole under the

right ear.

Q. What else? A. Right side of the head was

mashed in as if it had been hit by a heavy instrument.

MR. HENNELLY: Object to that last section as be-

ing a conclusion on the part of the witness, no foundation

laid for it.

THE COURT: Well, sustained, as to what caused it.

Q. Just describe what you saw, how big was this area

that was mashed in? A. Oh, about three or four inches

in diameter.

Q. Just show the Jury what area of his head was

mashed in? A. The entire right side, from the cheek

bone on up past the ear. It was completely mashed in.

Q. And what about his right ear? A. I described it

as a hole under the right ear.

Q. What else did you notice about him? A. Three

fingers of the right hand was broken, the tip of the index

finger was completely severed and mashed away.

ee eT Re 4

ee

AERUAE SEES

oer yr

ad Ane Ms

Wome

Al0dé .-

Q. Did you take his fingerprints? [138] A. I dig

Q. What was the purpose of taking his fingerprints?

A. For identification purposes.

Q. What print did you use? A. I used the left index

finger.

Q. Do you have the print you took at that time sir?

A. Ido.

Q. Will you mark this Exhibit 13?

Reporter marked Exhibit 13, fingerprints.

Q. Mr. Lamar, I show you what has been marked as

State’s Exhibit No. 13, and will ask you if you know what

that is? A. Ido.

Q. Is that exhibit a part of the official records of the

Missouri State Penitentiary? A. It is.

Q. And is it made in the regular course of business?

A. It is.

Q. Is it made at or about the time of the date stated

in there? A. It is.

Q. And is it a correct record? A. Yes, sir.

Q. Those records are made and kept under your su-

pervision? A. They are.

Q. At this time we offer State’s Exhibit-No. 13.

[139] MR. HENNELLY: The Defendant will object

and except to the introduction of State’s Exhibit 13, for the

reason that it is hearsay and it is in violation of the Con-

stitutional Rights of the Defendant to introduce it in evi-

dence at this time. I do not think, in making this objec-

tion, that this is the type of evidence that one can bring

under the Uniform Business Records Act, and that this is a

type of a technical matter which would leave the door open

to all types of hearsay and calls for expert testimony. In

addition to that, there are some other matters as conclu-

sions on there, which would be grossly hearsay on the right

hand side.

THE COURT: Are you offering it for the pupose of

identification?

A109

Q. All purposes, all information shown.

MR. HENNELLY: (Out of the hearing of the Jury)

This is a dangerous piece of evidence.

MR. RILEY: You subpoenaed it.

MR. HENNELLY: Where is the original, this is a

copy:

MR. RILEY: Yes, the original is in Washington. I

withdraw my offer at this time.

MR. HENNELLY: Is the original of this exhibit in

Washington on file with the Federal Bureau of Investiga-

tion?

Q. Mr. Lamar, is the original.copy of this exhibit on

file with the F.B.I. in Washington? A. It is.

[140] Q. You sent it there? A. Yes, sir.

Q. This writing on here, is that on the original copy?

A. Yes, on the original, that is the carbon copy of it.

Q. Judge, I will withdraw my offer at this time.

THE COURT: This matter here, where I have my

finger is what?

A. A print of the left index finger of Walter Lee Don-

nell.

MR. HENNELLY: I want to ask that that be stricken

for the reason that that incorporates certain sections of

hearsay as to whose it is, and I think that is hearsay and

I think that the Jury having heard it, if they heard it—

MR. RILEY: He testified he put it on there.

THE COURT: The last part of it may be stricken at

this time as to whose it is. What is it, that is what I want

toknow. A. A fingerprint.

Q. It is a fingerprint? A. Yes, sir.

THE COURT: Now, who put that fingerprint on

there? A. I did.

THE COURT: You did?

A. Yes, sir.

tb age cae re |

A110

THE COURT: And frem whose hand did you make

the print? :

A. Walter Lee Donnell’s.

THE COURT: And you knew Walter Lee Donnell]

personally? [141] A. I did.

THE COURT: And then is this the fingerprint of

Walter Lee Donnell that you put on there? A. It is,

THE COURT: All right.

2 MR. RILEY: Mr. Lamar, are you acquainted with

Dr. Shull? A. Yes, sir.

Q. At anytime did you identify the body of Walter

Lee Donnell to Dr. Shull?

MR. HENNELLY: Object to the form of that ques-

tion for the reason that is leading and suggestive, and con-

tains certain elements of hearsay and is a conclusion, and

ask that it be stricken and the Jury instructed to disregard

it and a mistrial declared.

THE COURT: Overruled, and I think the time and

place should be fixed.

Q. On September 25, 1954, in Nashville, Tennessee,

did you identify the body cf Walter Lee Donnell for Dr.

G. Donald Shull?

' MR. HENNELLY: Object, if Your Honor’please, for

the reason that this is hearsay and that this is a matter

which is something done, not in the presence of this De-

fendant, and while use of the word identify is a conclusion,

and it has been held in other cases that it is a matter which

has to be done in the presence of the Deféndant, and he

has to acquiesce [142] in it some way. I think they may

show it in a different way, but to use it under those terms,

it is very bad form, and I think it is illegal and improper,

and I ask that it be stricken.

THE COURT: The objection is overruled. I think

more of your circumstances ought to be shown before your

question is asked. Was this witness there? He has testi-

Alll

fied that he knows, or knew during his lifetime, Walter

Lee Donnell. Now, was Donnell’s body there, did he see

it and identify it, I think those ought to be asked before the

designation to anybody else is made.

Q. On September 25, 1954, in Nashville, Tennessee,

did you go to Nashville, Tennessee, on that date? A. I

did.

Q. And who was with you? A. Dr. Shull, Mr. Riley,

the Cole County Prosecutor.

Q. Now, did you see a dead body there? A. I did.

Q. And whose dead body was it? A. Walter Lee

Donnell.

Q. And is that the only body you saw? A. That is

right.

Q. And when you were there and observed that

body, where was Dr. Shull? A. He was present.

[143] Q. Did he view the body? A. He did.

Q? Were you with Dr. Shull at all times? A. I was.

Q. And whose body was it that Dr. Shull viewed?

A. Walter Lee Donneli’s.

MR. HENNELLY: Object to that as being a con-

clusion.

THE COURT: Overruled.

Q. Whose body was it that Dr. Shull viewed? A.

Walter Lee Donnell’s.

Q. Did you observe Dr. Shull doing anything to the

body of Walter Lee Donnell? A. I did.

Q. What did he do? A. Assisted in holding an au-

topsy.

Q. And did you see him cut the body open? A. I

did.

Did you see him examine the head? A. I did.

Was that opened? A. It was.

Were you there all the time? A. I was.

OOO

wae

ee a

SSA St A IRL CODER BPE

be

All2

Q. Dr. Shull there doing the work? A. He was,

Q. And you say it was the body of Walter Lee Don-

nell? [144] A. It was.

Q. Is that the same Walter Lee Donnell that you saw

dead in the Deputy Warden’s office in the Missouri State

Penitenti

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Appendix — Swenson v. Stidham · 409 U.S. 224 | Frix