Rains Co.TX Robbery & Murder Contd.
part 2
Go to Part 3 --- The Trial The Witnesses:
On December 3, 1917, Earl McAlester, lawyer of Greenville, Texas and one of the attorneys for the defense, issued a letter requesting Elmer Robertson, Clerk of the District Court of Rains Co., to subpoena the following witnesses with valid residences as of May 7, 1917, on behalf of the defendant, J.W. Bergen in the case The State of Texas vs. J.W. Bergen, File #938:
John Jones, laborer, of Oakwood, Anderson Co.
Ella Johnson, cook, of Henderson, Rusk Co.
George Ellis, pumper, of Long Lake, Anderson Co.
W.F. Warren, farmer, of Oakwood, Anderson Co.
J.W. Baen, train auditor, of Houston, Harris Co.
Frank Thulen, railroad surveyor, of Palestine, Anderson Co.
E.B. Hanafor, cook for surveying cook, of Palestine, Anderson Co.
M.M. Hutchinson, surveyor, of Palestine, Anderson Co.Several days later on December 6, 1917, Montrose & Robey, lawyers of Greenville, submitted application for subpoena of additional witnesses on behalf of defendant in the case The State of Texas vs. J.W. Bergen, File #938:
W.J.F. Glass, of Point, Rains Co.
Fann Dunn, assistant cashier of Bank, of Point, Rains Co.
F.C. Montgomery, cashier of Bank, of Point, Rains Co.
Doyle Wilson, drug business, of Point, Rains Co.
Alex Greer, of Point, Rains Co.
Claud Branch, Sr., real estate man, of Greenville, Hunt Co.
Joe Humphreys, real estate man, of Greenville, Hunt Co.
Claud Branch, Jr., Midway Cafe on East Lee St., of Greenville, Hunt Co.
Ed Branch, farmer, 2.5 miles west of Lone Oak, Hunt Co.
P.R. Schumacher, of Dallas, Dallas Co., Rm 835, 26 Busch Building, 8th floorThe next week on December 12, 1917, Charles C. Robey, one of the attorneys for the defense, issued another letter requesting Elmer Robertson, Clerk of the District Court of Rains Co., to subpoena the following material witnesses on behalf of the Defendant:
B.L. Myer, of Rains Co.
S.B. Oler, of Rains Co.
J.F. Wilson, of Rains Co.
W.D. Fenter, of Rains Co.
C.G. Duncan, of Rains Co.
Chess Martin, of Rains Co.
J.A. Johnson, of Rains Co.
Oscar Lee, of Rains Co.
L.C. Roddam, of Rains Co.
Joe Johnson, of Rains Co.
John Sisk, of Rains Co.
Joe Alexander, of Rains Co.
A.J. Myer, of Rains Co.
S.H. Carter, of Rains Co.
L.L. Owens, of Rains Co.
E.P. Vanlandingham, of Rains Co.
W.H. Pippin, of Rains Co.
N.A. Fitzgerald, of Rains Co.
T.N. Tackett, of Rains Co.
D.N. Morrow, of Rains Co.
J.M. Smart, of Rains Co.
R.L. Dodd, of Rains Co.
W.O. Jennings, of Rains Co.
J.W. Page, of Rains Co.
Elmer Robertson, District Clerk, of Rains Co.
W.A. Boyd, of Naco, McClennon Co.
Mrs. W.E, Harris, of Rains Co.
R.D. King, of Rains Co.
Gus Sparks, of Rains Co.
A.E. Sparks, of Rains Co.
Allen Givens, of Rains Co.
C.J. Ivey, of Rains Co.
Burhl Hubbard, of Rains Co.
Tom Morris, of Rains Co.
H.P. Bowers, of Rains Co.
Erb White, of Rains Co.
J.T. Rushing, of Rains Co.
W.F. Thornton, of Rains Co.
Jim Rucker, of Rains Co.
Ed Harris, of Rains Co.
Tom Coats, of Rains Co.
Read Passons, of Rains Co.
Joe Henderson, of Rains Co.
John Elkins, of Rains Co.
Dr. H.L. Stewart, of Rains Co.
W.A. Harris, of Rains Co.
J.M. Harris, of Rains Co.
J.S. Hogue, of Rains Co.Later Sam D. Stinson, District Attorney, issued a letter requesting Elmer Robertson, Clerk of the District Court of Rains Co., to subpoena the following material witnesses on behalf of the State for the 1917 December Term of said Court:
Erb White, farmer, of near Point, Rains Co.
J.T. Rushing, of near Point, Rains Co.
W.F. Thornton, of near Point, Rains Co.
Jim Rucker, of near Point, Rains Co.
Ed Harris, of near Point, Rains Co.
Tom Coats, of near Point, Rains Co.
Read Passons, of near Point, Rains Co.
Joe Henderson, of near Point, Rains Co.
Mrs. Rufe Carter, of near Point, Rains Co.
John Elkins, of Point, Rains Co.
Ed Clark, of Point, Rains Co.
Dr. H.L. Stewart, of Point, Rains Co.
W.A. Harris, of Point, Rains Co.
J.M. Harris, of Point, Rains Co.
J.S. Hogue, of Point, Rains Co.
D.W. Ryan, of Point, Rains Co.
P. Engel, of Point, Rains Co.
G.W. Bellah, of Point, Rains Co.
F. Dunn, of Point, Rains Co.
George Kerr, of Point, Rains Co.
Mrs. W.E. Harris, housewife, of Point, Rains Co.
R.D. King, of Point, Rains Co.
Gus Sparks, of Point, Rains Co.
A.E. Sparks, of Point, Rains Co.
Allen Givens, of Point, Rains Co.
C.J. Ivey, of Point, Rains Co.
Burrell Hubbard, of Point, Rains Co.
Winston Johnson, of Point, Rains Co.
Tom Morris, of Point, Rains Co.
H.P. Bowers, of Point, Rains Co.
George T. Brouayer, preacher, of Texarkana, Bowie Co.
Mrs. George T. Brouayer, of Texarkana, Bowie Co.
Jim Burchett, farmer, of near McKinney, Collin Co.
Troy Holmes, electrical lights, of Alba, Wood Co.
Sid Henderson, night watchman, of Longview, Gregg Co. - bring
with him a copy of the report of accident T & P that happened
just below Longview about December 6, 1916
R.A. Tarbutton, of near Emory, Rains Co.
Mrs. R.A. Tarbutton, of near Emory, Rains Co.
W.A. Smith, of near Emory, Rains Co.
J.A. Smith, of near Emory, Rains Co.
A.J. Coker, of near Emory, Rains Co.
J.E. Martin, of near Emory, Rains Co.
J.L. Rose, of near Emory, Rains Co.
Mrs. J.L. Rose, of near Emory, Rains Co.
A.B. Jennings, of near Emory, Rains Co.
W.E. Bevers, of near Emory, Rains Co.
J.R. Williford, of Point, Rains Co.
Charlie Carter, of Point, Rains Co.
Rufe Carter, of Point, Rains Co.
Will Burchett, of Point, Rains Co.
One year after the murder, the trial of J.W. Bergen was still in progress. "The case against J.W. Bergen, charged with the murder of Clarence Glass, is set for next Wednesday, the 12th, and a special venire of 90 jurors has been ordered summoned. (The Rains County December 7, 1917) Those summoned were:
Fannin Cooper B.L. Adair T.E. Evans
Neal Stockton J.E. Magee Ras Magee
Jim White Elliott Jenkins J.F. Hays
Walter Reynolds Will Trimble Forrest Williamson
W.I. Nabors A. Giles H.W. Campbell
Geo. Hunt T.J. Shaw Harvey Kinser
J.L. Childers T.J. Parrish R.S. McKee
Columbus Herriage J.T. McNabb R.S. Busby
Jack Robinson John Garrett E.D. Hughey
A.N. Betts E.R. Barrett John Waskom
Byron Scott Lon Porter Will Glidwell
L.L. Marrow E.M. Hebisen J.H. Engleman
Roland Fitzgerald Key Long R.L. Branham
W.T. Durham R.A. Cooke E.E. Windham
K.L. McCormick Jesse Porter J.W. Harbison
W.J. Whisenant J.S. Horsley R.M. Armstrong
R.L. Murphy Bud Gilley S.H. Hood
A.R. Brown F.H. Brown W.R. Reynolds
Auther Smart Oscar Ratliff J.B. Allred
Y.B. Fowler W.A. Smith C.M. Johnson (dead)
S.A. Brinkley (excused RR)
C.O. Shultz, excused
M.Y. Willis, excused
Mr. and Mrs. George T. Brougher arrived on the Lone Star from Tennessee, to appear at the trial set for December 1, 1917 in the District Court of Rains County as witnesses for the State. Ella Johnson signed a statement that she would appear in court as a witness for the defense during the December 1917 trial.cont'd next week: The Trial
The December 1917 trial of J.W. Bergen for the murder of Clarence A. Glass was continued until the May 1918 term as a result of the following application:
District Court, Rains County, Texas
December Term 1917
Application for Continuance
December 12, 1917Defendant J.W. Bergen filed his 1st application for
continuance on based on the following facts:Geo. Ellis, W.F. Warren, E.B. Hanafor, Frank Thulen, M.M. Hutchinson, John Jones (all of Anderson Co.) and J.W. Baen of Harris Co., Ella Johnson of Rusk Co., and P.R. Schumacher of Dallas Co. were witnesses in his behalf and were all absent from court. "None of these witnesses were found in Anderson Co. Geo. Ellis is at Keechi Station on the I.& G.N. and the surveying crew is out of thecounty. Could not learn their whereabouts." The testimony of all said witnesses named except the witness of P.R. Schumacher was material to the defense of the defendant in that the defendant was herein charged with the murder of Clarence Glass at Point, Rains Co., Texas on Thursday night,
December 7th, 1916, at about 9:30 o'clock while engaged in the perpetration of the offense of robbery.
The defendant expected to show that in truth and in fact he was not in or near Point, Texas at the time in question; but that on the night of December 6, 1916, he stayed at a little flag station or siding on the I.&G.N. RR between the stations of Keechi and Oakwood and south of Palestine, Texas. There was
a coach and cars parked at said flag station with a surveying crew working on the I.& G.N. Railroad, and the defendant procured a lunch from this crew about 9:00 on the morning of December 7, 1916. Later on he walked to the station of Long Lake, where he remained in company with one John Jones,
and then boarded a passenger train at Long Lake about 4:45 that afternoon for Palestine, Texas, paying to the train auditor a cash fare of 35 cents. Upon arrival at Palestine he then purchased a ticket to Lonview Junction and reached Longview Junction about ______ p.m. on the night of December 7, 1916 where he remained all night. About _______ o'clock on Friday December 8, 1916 he purchased a ticket from Longview Junction to Alexandria, Louisiana, arriving at about ______ o'clock on Saturday morning, December 9, 1916. The testimony of P.R. Schumacher was material to this defendant in that he was a detective and manager of the Burns National Detective Agency at Dallas, Texas, and as such came to Point, Texas immediately following the alleged crime and made an investigation of same. He was to testify that he discovered that such investigation showed that some other person and not this defendant committed the crime with which defendant was charged. By the witnesses, E.B. Hanafor, Frank Thulen and M.M. Hutchinson, defendant expected to show that they were members of a surveying crew stationed on the I.& G.N. Railroad at a little flag station south of Oakwood on said railroad company's tracks, and that Defendant was at said place and secured from them a lunch about 9:00 or 9:30 on the morning of December 7, 1916, and they will identify this defendant at said time and
place. By the witness, John Jones, defendant expected to show that they were together at Long Lake, a pumping station near Oakwood on the I.& G.N. Railroad between 3:30 and 4:00 p.m.
on the afternoon of December 7, 1916 and that said Jones requested defendant to write a letter for him to one Ella Johnson at Henderson, Rusk Co., Texas, which this defendant did. By the witness, Ella Johnson, defendant expected to show that she received said letter on or about said date from John Jones, and that she knew it was written by someother person than John Jones. By the witness, George Ellis, defendant expected toshow that said Ellis was pumper for the I.& G.N. Railroad at the pumping station known as Long Lake on said railroad; and that the defendant waited at same pumping station for the
afternoon train and boarded said train at about 4:45 p.m. on December 7, 1916, going toward Palestine. There were only two passengers boarded said train that afternoon at said place - that is, the defendant and a Negro preacher. By the witness, J.W. Baen, defendant expected to show that he was Train Auditor of said train into Palestine on the afternoon of December 7, 1916, and that his records would show that he collected only two cash fares of 35c each from Lone
Lake to Palestine on said date, and that said train arrived in Palestine at about _______ o'clock p.m. on December 7, 1916. By the witness, W.F. Warren, defendant expected to prove that he was at the station of Long Lake on the afternoon of December 7, 1916, when said train arrived for the purpose of
purchasing a newspaper off said train, and that said witness held a conversation with this defendant on the train before leaving said station.
Defendant expected to prove that all of said witnesses would identify the defendant at the times and places herein above designated and would show that it was a physical impossibility for this defendant to have been in Point, Texas, at the time this crime was committed that he is charged with. That the defendant cannot safely go to trial in this case without the testimony of said witnesses as herein also
indicated. Application made for a delay only so that justice may be done.
J.W. Bergen, Defendant
December 12, 1917