Rains Co.TXRobbery & Murder contd.
Part 3
The application for continuance was granted. For the continued trial of The State of Texas vs. J.W. Bergen, on May 21,
1918, sixty-two special jurors were summoned to report at the courthouse in Emory, Rains Co., Texas at 10:00 a.m.
The following were struck from the list by the"Defense":
M.L. Freiberger J.H. Bingham
Gus Orsborn C.L. Irwin
The following were struck from the list by the"State":
P.H. Oliver J.H. Foster C.C. Freeze
H.A. Horton R.L. Irwin E.A. Warren
J.A. Fenter L.C. Roddam W.T. FitzgeraldOthers listed:
C.A. Abercrombie J.M. Arrington J.O. Jones
J.R. Thomason J.F. Lynch R.P. Roberts
Matt Moreland O.C. Vanlandingham B.T. Northcutt
J.S. Smiley J.R. Cunningham J.H. Rudd
S.C. Alexander W.S. Hall J.B. Barker
H.L. Ballew C.A. Abernathy H.O. McCallon
W.H. Hughes J.E. Harbison Virgil Bolton
T.C. Deaton W.P. Craig H.C. Williams
E.V. Cooke
J.F. Wilson, out of county
R.A. Coker, absent, not found
J.K. Davis, not foundThe following were excused from jury service:
J.S. Hogue J.J. Allred J.T. Neil
W.A. Traylor A.J. Myers A.P. Humphrey
C.C. Shultz W.D. Armstrong C.S. DonaldsonThe following 11 jurors were taken, listed in order by number:
1. C.J. Holland 2. T.E. Oler
3. Ed Seaton 4. Dick Pound
5. Jess Childers 6. J.L. Moody
7. K.F. Looney 8. William Rice
9. J.D. Hipp 10. Jess Eads
11.J.S. HorsleyDefendant J.W. Bergen, "now in Emory, Texas" was subpoenaed on May 21, 1918, by Charles C. Robey, attorney for
the Defense. On May 21, 1918, the State, represented by District Attorney Sam D. Stinson, submitted an application for
continuance stating that the State couldn't go to trial for want of testimony of witnesses J.R. Williford and Joe Henderson.
"Said Joe Henderson resided in Rains County and witness J.R. Williford formerly resided in Hunt Co. but the State is informed that he is not in Hunt County. Process was issued out of said Court on December 6, 1917, for both witnesses and both were in attendance upon Court in the December term. Process again issued May 11, 1918. The State was informed that J.R. Williford was out of the county and probably in Hunt Co. near Caddo Mills; the State was further informed that said witnesses had been at Royse City, Rockwall County. Process of subpoena was issued to both witnesses in Hunt Co. and in Rockwall Co. on May 17, 1918; the process was returned to the Court. The State expected to prove by witness J.R. Williford that he was running a restaurant in Point, Texas, and that the defendant in this case was in his place of business on the evening of the 7th of December 1916 and took supper at his said restaurant, this being the evening and a few hours before Clarence Glass was killed in Point, Texas. By the witness of Joe Henderson the State expected to prove that on the evening
of December 7, 1916, that said witness was employed in the restaurant of J.R. Williford and that the defendant, J.W.
Bergen, came into the restaurant late that evening and ordered and ate his supper and that said witness waited upon the said defendant, and that the defendant J.W. Bergen is the same man who took supper there in that restaurant that evening and that
Clarence Glass was killed that night in the Bank at Point, Texas. That said testimony becomes very material in the trial of this
cause by reason of the fact that the defendant herein sits up and will attempt to prove an alibi, and says he was not in Point,
Texas, on the evening that Clarence Glass was killed but that he was at another and different place. This being a case of circumstantial evidence, the State is entitled to every circumstance and every circumstance is material that goes to place the defendant near the scene of the killing at the time it took place. The State expects to be able to procure the attendance of each of said witnesses at the next term of this Court." (Rains County District Court trial packet)The following subpoenas were delivered to appear at
trial on May 18, 1918 in behalf of the State:
Jim McLeroy, W.D. Armstrong , Miss Armstrong,
Mrs. Mattie Daniels, Buddie Stuart, S.S. Bowers,
Miss Ethel Whittle, Doyl Wilson, F.C. Montgomery.The following subpoenas were delivered to appear at
trial on May 24, 1918 in behalf of the the Defendant:
Earl Whittle
Earnest Whittle
Joe Boyer
Oscar Tilton of Point, Rains Co.The following subpeonas were delivered to appear at
trial on May 24, 1918 in behalf of the State:
Artemas Fenter, Will Fenter, Andrew Fenter,
Sam Fenter , Frank Fenter, Roy Fenter,
R.L. Simmons, Jess Smith, Hue Hartley.A subpoena was issued for Alex Lynch, farmer of Point, Texas, and M.G. Green of Point, Texas, to appear in court on
May 21, 1918, as material witnesses on behalf of the Defense; they were ordered to bring with them a box recently found by
them in a creek or ravine near Point, Texas.
A letter was received from J.W. Baen, Train Auditor, in San Antonio, Texas and delivered to Mr. Elmer Robertson, Clerk of the Rains County District Court; in the letter he denied having any knowledge of the defendant, J.W. Bergen.
"On May 3rd and while confined to a bed in the International & Great Northern Railway Co. hospital, Palestine, Texas, I was served with subpoena to appear at Emory on the 21st day of May as witness for a J.W. Bergens, defendant in a criminal action suit. In this instance there is evidently a mistake and defendant has got hold of a wrong name or person. I am not acquainted with defendant, do not remember or even heard his name before receiving this summons. Have had no form of communication either from him or his attorney relative to this case and otherwise do not know a thing about the case. I wish you would please investigate the matter promptly, and if you find summons to me was a mistake, please send me a release at your very earliest opportunity. By so doing you will greatly oblige.
Yours Truly,
J.W. Baen
415 Hunstock Ave.
San Antonio, Texas"
(Rains County District Court trial packet)On May 24, 1918 the trial of The State of Texas vs. J.W. Bergen, file #938, was called; the Defendant pled "Not Guilty" to the charge of murder. The jury was empanelled and delivered the verdict as such: "We, the jury, find the defendant 'Not Guilty'."
Seven years later the following anonymous article
appeared in The Rains County Leader.
"In memory of our martyred boy, Clarence Glass, as he was a Christ-like boy, and O! the demon so of hell will have vengeance wrenched out of them for destroying such lives and characters, by the High Powers, his people and friend with their lives destroyed. O! his darling baby is seen going to her father's grave and lying down on it and caressing it. Still the demons are among us and can't be fereted out. O! people, what sort of punishment will the Creator put upon them. Think over it.---Contributed" (The Rains County Leader, January 26, 1922)