The Last Public Execution in America

by Perry T. Ryan

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CHAPTER 14

THE TRIAL

On June 21, 1936, an article appeared on the front page of the Owensboro Messenger which reported that Governor Albert B. "Happy" Chandler had ordered ten state police officers to Owensboro to assist in the security during the Bethea trial.

The article noted that this was the first time in the history of Owensboro that armed police were called upon to prevent disorder during a trial. Several officers of the Kentucky State Police were dispatched to Owensboro for the trial, including, Captain Stone, Patrolmen John Harbison and John Isham of Harrodsburg; Frank Ahmann, John Wyatt and Spencer Payne of Louisville; M. D. Shain of Clarkson; Roy Briggs of Franklin; L. D. Edwards and Glyn Seward of Bowling Green; E. L. Stiles of Calhoun; B. B. Dunn of Smithland; U. B. Hughes of Wickliffe; Steve Roberts of Fancy Farm; and Calvin Hodges of Clinton.

Early on June 25, Officer Reisz arrived with Bethea and took him to the County Jail, where Bethea met Bob Weikel, the jailer. Bethea said that he was glad to see him. He told Weikel that he had been drunk on the night he attacked Mrs. Edwards, but he said he thought he had gotten to her room at about 11:00 that night. He said that he took his shoes off and climbed onto the roof. The screen on the bedroom window was loose, so he removed it and went inside. He stated that Mrs. Edwards was asleep, that he got the jewelry, and that Mrs. Edwards awakened. He grabbed her and raped her. When he was finished, Mrs. Edwards said, "I know you." He claimed that she was still alive when he left.

At 7:00 a.m., on the morning of June 25, 1936, crowds began to gather downtown in order to watch the trial. Members of the Kentucky State Police and other Owensboro officers guarded the doors of the courthouse, which were opened at 8:00 a.m. Every spectator entering the second-floor courtroom was searched. At 8:30 a.m., the courtroom was full, and police moved the remaining portions of the crowd into the courthouse yard. Rainey Bethea was brought into the courtroom at 9:05 a.m. He wore a blue polo shirt and dark blue trousers, the same clothes that he wore when he was arrested. He had shaven a small mustache which he had worn. He appeared nervous, and he chewed gum. The trial began at about 9:06 a.m.

Judge Wilson called the court to order. He asked whether counsel were ready to proceed to trial, and both the prosecution and the defense announced that they were ready. Appearing as attorneys for the prosecution were Commonwealth's Attorney Herman Birkhead and Daviess County Attorney Sidney B. Neal.

Appearing as attorneys for the defense were William L. Wilson, William W. Kirtley, Carroll E. Byron, and C. W. Wells, Jr.. The court appointed Birdie W. Anderson, of Henderson, as official court stenographer, in the absence of Marvin Miller, who had left Owensboro on a trip to California. Both reporters used shorthand.

Judge Wilson warned the spectators that no demonstrations of any character would be tolerated. He said that everyone realized the enormity of the crime with which Bethea was charged, but that law and order must prevail. Judge Wilson discussed the role of the four defense attorneys, stating that two of them had visited Bethea while he was in jail in Louisville. He told the crowd that the attorneys would not be paid for their services and that they had investigated every possible bit of evidence in the case. Judge Wilson then thanked the crowd for the order displayed at the time court was convened and he again emphasized that he would not tolerate any display of feelings by the crowd. About one third of the crowd were women.

The judge asked Bethea, "Do you waive formal arraignment on the charge against you?" Bethea nodded his head. Judge Wilson then asked, "What is your plea?" Bethea replied, "Guilty."

In modern criminal cases, when a court accepts a guilty plea, the trial judge is then charged with the duty of determining the defendant's sentence. A full trial is not held. However, in this case, Herman Birkhead, the Commonwealth's Attorney, informed the judge that the prosecution wished to present its case to the jury anyway, since he was asking for the death penalty. The judge then proceeded to impanel a jury.

A total of 111 men were called for jury duty. Herman Birkhead had believed it would take some time to conduct the voir dire examination of the jurors, because he had told the press that he wanted a jury of twelve men, none of whom would be opposed to the death penalty.

The first twelve were qualified by the court and seated. The jury, which consisted of twelve white men and no women, included C. M. Barnhill, of the Philpot community; J. C. Bennett, a farmer; Carl Bristow, a clerk; Charles Dorn, a retired merchant; Peter N. Horn, a farmer; Ray Konsler, a farmer; Yeiser Lashbrook; G. R. Lee, a farmer; Will Rogers, a retired farmer; J. O. Sourbeer, a merchant from Mosleyville; Herman Spurrier, a merchant; and W. W. Wilson, a farmer. After the jury had been selected, Judge Wilson lightly tapped his pencil to quiet some talking in the courtroom.

The prosecution and the defense joined in a motion that Mrs. Birdie Woodward Anderson, Special Court Reporter, take the evidence to be introduced upon the trial.

Commonwealth's Attorney Herman Birkhead read the indictment to the jury. He then gave his opening statement. County Attorney Sidney Neal, who assisted in the prosecution, also gave an opening statement, in which he told the jury, "This is one of the most dastardly, beastly, cowardly crimes ever committed in Daviess County. Justice demands and the Commonwealth will ask and expect a verdict of the death penalty by hanging."

Judge Wilson inquired of the defense counsel whether they wished to make an opening statement to the jury, but the defendant's counsel waived making the statement at the time.

The defendant entered a demurrer to the indictment, and Judge Wilson overruled the motion. The defendant excepted to this ruling of the court.

The first witness for the prosecution was Emmett Wells, who owned the house where Mrs. Edwards lived at the time of the murder. All of the questioning was conducted by Herman Birkhead, the Commonwealth's Attorney.

Q. "You are Emmett Wells?"

A. "I am."

Q. "Where do you live?"

A. "322 East Fifth Street."

Q. "In the city of Owensboro?"

A. "Yes, sir."

Q. "Did you know Mrs. Lischia Edwards in her lifetime?"

A. "Yes, sir."

Q. "Where did she live?"

A. "For the last six or eight years, she has lived at my place, 322 East Fifth Street."

Q. "What portion of your premises did she occupy?"

A. "Three rooms upstairs; on the second floor, west end of the building."

Q. "Did she have a corner room?"

A. "Yes, sir."

Q. "What corner?"

A. "She had two corner rooms; one northwest and one southwest. It was in the southwest corner where she slept."

Q. "How does your house front?"

A. "North."

Q. "On Fifth Street?"

A. "Yes, sir."

Q. "Side of the house is on Crittenden Street?"

A. "Yes, sir."

Q. "What time, if you know, was Mrs. Edwards found? June seventh?"

A. "I was told--"

Q. "When did you learn of it?"

A. "I didn't know--I never knew it until twelve o'clock."

Q. "Did you see her Saturday night?"

A. "I did."

Q. "What time?"

A. "I suppose seven o'clock."

Q. "Where was she?"

A. "She was at my house. My wife and I were on the front porch. She came out and said she was going to Mrs. Raper's for a few minutes, and after she left, I put my car in the garage. I had left it out front that afternoon, and I came back and sat down by my wife, and Mrs. Edwards' radio was going, and I said, ‘She didn't stay long at Mrs. Raper's,' and wife said, ‘no.'"

Q. "What was the condition of her health?"

A. "Good as I ever saw her."

Q. "What about her hearing?"

A. "I never heard she was hard of hearing; she seemed to hear as good as anybody I ever talked with."

Q. "How old was she?"

A. "I would judge seventy. She didn't have that appearance, I understand they gave her age at seventy."

Q. "That occurred at your home in Owensboro, Daviess County, Kentucky, and the body was found June seventh last?"

A. "Yes."

Q. "You are Dr. Barr?"

A. "Yes, sir."

Q. "You are a graduate of a regular school of medicine?"

A. "Yes, sir."

Q. "Of what school?"

A. "Hospital College of Medicine, Louisville."

Q. "How long have you been practicing?"

A. "Thirty-nine years."

Q. "How long have you practiced in Owensboro?"

A. "Thirty-nine years."

Q. "Did you know Mrs. Lischia Edwards during her lifetime?"

A. "Yes, sir, quite well."

Q. "How long had you known her?"

A. "Twenty-five years."

Q. "Do you know about how old she was?"

A. "About seventy years old."

Q. "Did you visit her as a physician, or get a call about her on June seventh?"

A. "Yes, sir."

Q. "Did you make an examination of her, Dr. Barr?"

A. "Yes, sir."

Q. "Tell the jury about it."

A. "They called me and said she had been found dead. I went in the room, and she was dead, killed, and she was bruised about the face, and I told them to call the coroner, and to stay out of the room, and I left. The coroner came and called me back--"

Q. "How long was that after you first saw her?"

A. "Forty minutes, maybe."

Q. "Describe the bruises you say you saw."

A. "She was bruised a good deal about the face and eyes--that was all I saw the first visit--she was covered."

Q. "What position was she in on the bed?"

A. "She was not lying straight, just a little angling to the bed."

Q. "What room was that?"

A. "Southwest room on the second floor."

Q. "And which way was the bed setting?"

A. "East and west."

Q. "Was that the position she was in?"

A. "Yes, sir, her head should have been to the left."

Q. "How about her feet?"

A. "One foot was hanging over and one on the bed."

Q. "Which side of the bed?"

A. "She was lying slightly this way." [Indicating]

Q. "Both of her feet off of the bed?"

A. "No, sir, one hanging off the bed, as I remember."

Q. "Which way did you go into her room?"

A. "There is three rooms on that side. I went into the middle room, turned left, and went to the sleeping room."

Q. "Which side of the bed was the foot hanging on?"

A. "North side."

Q. "That was the side of the bed you approached?"

A. "Yes, sir."

Q. "You came back--"

A. "To Glenn's Funeral Home. He asked me to examine her."

Q. "What did you find?"

A. "I found she had been assaulted."

Q. "How did you determine that?"

A. "By examination of the vagina, she was very badly torn and bruised and lost a lot of blood."

Q. "Could you tell whether or not the blood was from an internal hemorrhage?"

A. "Mucous membrane was torn quite a bit--"

Q. "Any marks on the outside that caused the bleeding?"

A. "No, sir."

Q. "Explain to the jury about a woman of that age having intercourse?"

A. "Chances, to my mind, she was assaulted before she died. And, of course, she would put up a fight, and in that way she was torn and lacerated more than she would have been otherwise."

Q. "Is it probable a woman of that age could have intercourse."

A. "It would be rather difficult."

Q. "Explain about that, doctor."

A. "You take a lady seventy years old, and whose husband had been dead twenty-five years, the muscles become contracted, and it would be very difficult to have intercourse even at her pleasure. It would be very difficult, in my opinion."

Q. "The bruises you found in the vagina, could you tell whether or not they were caused by an act of intercourse?"

A. "Apparently so."

Q. "Why do you say that?"

A. "There was no indication a knife was used. There was a good deal of swelling around the lips of the vagina. She probably had been dead six or eight hours."

Q. "Did you find a lot of bruises inside? Internally?"

A. "Yes."

Q. "How deep?"

A. "I will say two inches."

Q. "Could you say whether this relation was had before her death?"

A. "It was in my judgment. She had lost too much blood. After death, the blood coagulates quickly, and she had lost too much blood."

[Note: This answer by the physician was crucial in establishing that a rape had taken place. Had the doctor found that sexual intercourse had taken place after death, no rape could have been established, since a corpse cannot be raped, within the legal definition of the term, and the offense committed would have been different.]

Q. "On the second examination, did you make a more minute examination there?"

A. "Yes, sir, first examination was just like taking a glance at her. I told them to call the coroner and to stay out of the room until he came. That was all I could do."

Q. "She was dead at that time?"

A. "Yes, sir."

Q. "You are Delbert J. Glenn?"

A. "Yes, sir."

Q. "What is your business?"

A. "Funeral Director and Coroner."

Q. "How long have you been--"

A. "Twelve years."

Q. "--Coroner of Daviess County?"

A. "Yes, sir."

Q. "As such, were you called to Mrs. Edwards' home in Owensboro, Daviess County, Kentucky, to attend to the body?"

A. "I was."

Q. "When was that?"

A. "June seventh, about 11:45 in the morning."

Q. "What did you do?"

A. "As soon as I went into the room, I discovered bruises around the neck, throat, and eyes--"

Q. "Describe the bruises to the jury."

A. "She had evidently been choked for the left hand--on the left side of the throat, there was one great continuous mark. I thought, first thing, it was a knife, but found it was not. On the right side, there were several marks."

Q. "What about her eyes?"

A. "She had been struck between the eyes, both eyes were swollen. After the body was embalmed, it showed plainer."

Q. "Describe the position she was in the bed."

A. "That bed sits in a direction east and west position and the head of the bed is toward the west, and she was down near the foot of the bed. In other words, at the northeast corner of the bed, not straight across the bed, in angling position."

Q. "How about her feet?"

A. "That was a couch, and it was a railing that far from the mattress. Her right foot was under the railing, and her left foot on the north side of the bed. Her left foot hanging off the bed practically from the knee down, when I got there. Bed clothes thrown over her, more or less. I don't know who did that."

Q. "What condition was the bed in?"

A. "It was considerably messed up and showed there had been a right smart taken place."

Q. "Scuffle, you mean?"

A. "Yes, sir, sheet was doubled up and down under her--looked like doubled in fourths, blanket picked up and dropped over her, and when I removed the bed clothing, her gown was up, and blood on the edge of the gown and on her legs, and on closer examination, I found a considerable amount of blood under her hips."

Q. "What did you do with the body?"

A. "I took it to Fourth and Allen, to my place."

Q. "Who was with you?"

A. "Boy who works for me, Henry Holinde."

Q. "Who was there when you got there?"

A. "Wasn't anybody up there when I got there."

Q. "Who went in with you?"

A. "Mr. Smith."

Q. "Tom Smith?"

A. "Tom Smith, I am sure, and--I just wouldn't say."

Q. "Young fellow Richards?"

A. "Yes."

Q. "Was that the first trip you made?"

A. "Yes, sir."

Q. "Did you leave?"

A. "No, sir, I didn't leave."

Q. "Mr. Holinde with you when you first went in?"

A. "No, sir. I called him to bring the car to move the body."

Q. "What condition was the room in when you first went in?"

A. "As soon as I went in the room and saw what evidently happened, I investigated to see how they got in. I went to the windows on the west and north. It was a high house, and then I went to the window south of the bed, that looked out on a porch, and the window was raised about that much [indicating], and I raised the window and examined the screen, and it went out. There was a machine with a white cloth, or near-white cloth, over it, and a bare foot track on there very plain. It had walked across the roof and had soot on it, and I went to the back yard and investigated how he could get up there, and I saw very plain where he walked from one roof to the other. I called the police, and Mr. Vollman was the first there, and after he looked around quite a bit, we moved her to the Glenn Funeral Home."

Q. "Did you find any articles in the room?"

A. "I am not sure whether before or after she was removed--after Mr. Vollman was gone, I found a little ring lying on the side of the kitchen cabinet, and it was at the east end of the machine, practically butted against it."

Q. "Where was the machine?"

A. "Right at the window where the person came in."

Q. "That window opened on a roof?"

A. "South porch roof."

Q. "What kind of roof is it?"

A. "Tin roof."

Q. "I hand you a ring and ask you to examine it and state if that is the one you found in that room?"

A. "Yes, I found it right on the corner of the cabinet where the person came in the window, I presume."

The ring was ordered filed and made a part of the evidence.

Q. "Were you present when Dr. George L. Barr made an examination of the body?"

A. "Yes, sir."

Q. "Did you see him make the examination?"

A. "Yes, sir."

Q. "What about the bruises? Did you see the bruises?"

A. "No other than those around the eyes and throat."

Q. "Did you see the examination he made? Could you tell whether or not the blood was from internal wounds?"

A. "Yes, I examined the body thoroughly. There was no marks outside the blood could have come from. It came from the inside."

Q. "Was this body in the same position when you moved it to your place?"

A. "Yes, sir, there was quite a considerable amount of blood when we moved the body, more than we thought."

Q. "Your name is Tom Smith?"

A. "Yes, sir."

Q. "Where do you live, Mr. Smith?"

A. "322 East Fifth."

Q. "At Mr. Wells' residence?"

A. "At Mr. Wells' residence, yes, sir."

Q. "What part of the residence do you live in?"

A. "Crittenden Street side, down stairs."

Q. "Do you know the defendant, Rainey Bethea?"

A. "Yes, sir."

Q. "How long have you known him?"

A. "I have known him about three years or over, three or four years."

Q. "Where did he live, if you know, since you have known him?"

A. "He lived in a cabin on the alley back of Mr. Wells'. He moved last October a year ago."

Q. "Did Mrs. Edwards live there then?"

A. "Yes, sir."

Q. "Do you know whether he knew her?"

A. "I don't think he knew her very well."

Q. "I believe you were at home at the time her body was discovered?"

A. "Shortly afterwards."

Q. "What investigation did you make?"

A. "We tried to get in the room by punching the key out and putting in another, but we could not. So we got a ladder and Mr. Richardson went over the transom."

Q. "Where did you get the ladder?"

A. "Down the porch, covered porch that leads back to the garage."

Q. "How long had that ladder been kept there?"

A. "Kept there off and on all the time."

Q. "How close was that to the place where the defendant lived when he lived here?"

A. "Twenty feet from his front door, I reckon."

Q. "Was it there at the time he lived in the cabin?"

A. "It was usually kept there."

Q. "Was that visible to him at the time he lived there?"

A. "Yes, sir."

Q. "After the boy went over the transom, what was done?"

A. "He opened the door, and I went in, and we went from that room--where the body was lying that door was open--and found her lying on the bed."

Q. "Tell the jury what you found."

A. "Found her on the bed, little angling, wasn't exactly across the bed. She had evidence of being choked, thumb print on the left side, might have been from a finger nail."

Q. "What time of day was that?"

A. "About fifteen after eleven, I judge."

Q. "Sunday morning?"

A. "Sunday morning."

Q. "How was the bed and clothing and body--How was the body lying on the bed?"

A. "The bed was sitting east and west, and her head was toward the south almost directly across the bed, angling a little, toward the west side. Her left foot was hanging from the knee down and the door was on the other side of the bedpost and straight out toward the street."

Q. "How much was the foot hanging over the bed?"

A. "I judge from the knee down."

Q. "How far from the door?"

A. "Just a few inches."

Q. "She was dead?"

A. "Yes, sir."

Q. "Was there any cover over her?"

A. "From here down, like someone reached and pulled all the cover down to the mattress over her body."

Q. "Did you examine the body at that time?"

A. "Just glancing. I saw that she was dead, and had been dead some time, and had marks on the throat and eyes."

Q. "At that view or afterwards, did you examine the gown?"

A. "After that, I went to get some of the family, and when I got back, I glanced in there, and I saw him raise the bed clothing."

Q. "What was the condition then?"

A. "A mat of blood under the hips."

Q. "How long did you stay in the room the first time?"

A. "Oh, just a minute."

Q. "Did you close the room or did you leave someone in there?"

A. "I am not sure whether Richardson stayed in the room or not. I went down to the Central Presbyterian Church after Mr. Zinsz."

Q. "What position was the body in when you saw the men looking at it?"

A. "Almost across the foot of the bed."

Q. "In the same position you first saw the body?"

A. "Yes, sir."

Q. "What about the bed clothing?"

A. "Sheet was dirty like it had been handled by dirty hands."

Q. "How about her clothing?"

A. "Her gown was opened out there like it had been forced or torn back from her on the bed."

Q. "What condition was her gown in, as to the body?"

A. "Her gown was above her knees, it was raised up. When he took the bed clothes off, it exposed her body."

Q. "What condition was the bed in?"

A. "The bed clothes was pulled down from the head as I told you and kind of ruffled up over her body, and a little rug in front of the bed was pushed back and raised up in the middle and the side next the bed was under it."

Q. "That was in Daviess County, Kentucky, on the seventh of June, this year?"

A. "Yes, sir."

Q. "How long before this had you seen Mrs. Edwards?"

A. "The last time I remember seeing her was Saturday morning."

Q. "What is your name?"

A. "Robert Richardson

Q. "How old are you?"

A. "Twenty-five."

Q. "What is your business."

A. "Electrician maintenance."

Q. "Where do you live."

A. "503 Crittenden Street."

Q. "How far from Mr. Wells' home?"

A. "Directly across the street on the southeast corner."

Q. "Were you over there the morning Mrs. Edwards' body was found?"

A. "Yes, sir."

Q. "What time did you go over there?"

A. "Something near eleven o'clock."

Q. "How did you happen to go?"

A. "I went to get my car, and the car wouldn't start, and I went to use the phone."

Q. "Then you learned about this?"

A. "Yes, sir."

Q. "You broke into the room?"

A. "No, sir, crawled through the transom."

Q. "How did you get through?"

A. "Mr. Smith got there about the time I first tried to get the door open with another key. I did get one key out, but the one I had wouldn't fit, and about that time, Mr. Smith got there, and we decided to--we would force the door."

Q. "You got a ladder?"

A. "Yes, sir."

Q. "Who brought the ladder?"

A. "Mr. Smith."

Q. "What did he do with it?"

A. "Put it in front of the door, and I crawled through the transom."

Q. "Was that over one of the doors to this room?"

A. "Yes, sir."

Q. "What did you do then?"

A. "I unlocked the door, and let Mr. Smith in."

Q. "What did you do then?"

A. "We went in together and looked at the body."

Q. "What did you find?"

A. "Mrs. Edwards lying there, at an angle to the bed kind of in that direction, and I noticed bruises on her eyes and marks on her throat."

Q. "Was her body covered?"

A. "Yes, sir."

Q. "What condition was the bed in?"

A. "It was very much disordered."

Q. "What was done after you discovered the body?"

A. "We went out and about that time, Dr. Barr came in."

Q. "Somebody called him?"

A. "Yes, sir."

Q. "When did you--when you went out, did you close the room?"

A. "I don't remember. I went first, and Mr. Smith followed."

Q. "How long were you out of the room before Dr. Barr came?"

A. "We had just got downstairs."

Q. "Room and body in the same condition when you returned it was when you left a short time before?"

A. "Yes, sir."

Q. "Then when he left, what did you do?"

A. "I went back with him, and shortly after Mr. Glenn came."

Q. "Were you there when Mr. Glenn came?"

A. "Yes, sir."

Q. "Was the room closed when Dr. Barr left?"

A. "I don't remember.

Q. "Did you go back with Mr. Glenn?"

A. "Yes, sir."

Q. "Was the room and body in the same condition?"

A. "Yes, sir."

Q. "Were you there at the time Mr. Glenn made some investigation?"

A. "I was downstairs at that time."

Q. "How much time did you stay in the room after Mr. Glenn came?"

A. "Three or four minutes."

Q. "You saw the position the body was in when he came?"

A. "I only saw the bruises on her eyes and neck."

Q. "She was dead?"

A. "Yes, sir."

Q. "Were you there when the cover was removed from off the body?"

A. "I was there when Mr. Glenn raised the cover from the feet up, and I saw from here down [indicating]."

Q. "Did you see any blood?"

A. "Yes."

Q. "Do you know anything about the ring that was found there?"

A. "No, I do not."

Q. "Did you examine to see how the party entered the room?"

A. "I saw it afterwards."

Q. "Did you see the tracks on the roof?"

A. "Yes, sir, and the prints on the machine spread where he came through the window."

Q. "Was the cover on the machine?"

A. "Yes, sir."

Q. "Then did you discover the tracks on the roof to the window?"

A. "Yes, sir."

Q. "Were they foot tracks?"

A. "Yes, sir."

Q. "All of them?"

A. "Yes, sir."

Q. "All of them?"

A. "Where he pulled up on the main part of the building, there was fingerprints too."

Q. "Was that a dirty roof?"

A. "Yes, sir."

Q. "Did you examine--That is all."

Q. "Your name is Robert Rutherford?"

A. "Yes, sir."

Q. "Where do you live?"

A. "Fourth and Lewis."

Q. "How old are you?"

A. "Twelve

Q. "Do you go to school?"

A. "Yes, sir."

Q. "What grade are you in?"

A. "Going in 7-B."

Q. "Do you know the defendant, Rainey Bethea?"

A. "Yes, sir, he used to work at our house about three years ago this spring. He worked for uncle and stayed in our basement and worked for us a year."

Q. "When did you last see him?"

A. "I saw him Saturday over by Daman Bryant's grocery."

Q. "What Saturday was that?"

A. "That day it happened."

Q. "You mean the night something happened to Mrs. Edwards?"

A. "Yes, sir."

Q. "What time did you see him there?"

A. "About four-thirty or five."

Q. "Where is Daman Bryant's store?"

A. "Fifth and Crittenden."

Q. "Do you know where Emmett Wells' home is?"

A. "Yes, sir."

Q. "How near is it to Mr. Wells'?"

A. "Just across the street."

Q. "On the same side of the street?"

A. "It is on Crittenden and Fifth. Mr. Wells lives on one corner, and it is on the other, the grocery is."

Q. "Did you ever talk to the defendant about a ring?"

A. "A bunch of us boys were talking, and he told us if we got the dice, he would make us a ring."

Q. "Did he have a ring?"

A. "He had a ring exactly like this."

Q. "Look at that ring and say if that is the ring he had."

A. "He had one just like that. It had a cut just like that."

Q. "When did you last see that ring before this happened?"

A. "About two summers ago, when he worked at home."

Q. "What was there about this ring that attracted your attention?"

A. "I remember it had a cut and black and white and an initial."

Q. "Cut where?"

A. "On the inside."

Q. "Is that the same ‘R'?"

A. "It had a fancy ‘R' like that."

Q. "Did you talk to Rainey that Saturday?"

A. "I just spoke to him."

Q. "How long is it since he lived at your house?"

A. "Three summers this spring."

Q. "Did you see him any other days about then?"

A. "I wasn't talking about Rainey, but he passed home Friday, and I talked to him."

Q. "What time Friday?"

A. "I think about four o'clock."

Q. "That was Friday, the day before you saw him at the store?"

A. "Yes, I remember he told me he hurt his foot, dropped an iron something on it, and he had his shoes all cut out."

Q. "Your name is Will Vollman?"

A. "Yes, sir."

Q. "Do you hold any official position?"

A. "Yes."

Q. "What is it, please, sir?"

A. "Assistant Chief of Police."

Q. "How long have you been Assistant Chief of Police?"

A. "About eight or nine years."

Q. "How long have you been on the force?"

A. "A little over twenty-one years."

Q. "Do you remember when Mrs. Edwards' body was found about the seventh of June last?"

A. "Yes."

Q. "Did you make some investigation about it?"

A. "Yes."

Q. "Did you go to the room while the body was there? Did you see the body, what position was it in?"

A. "Yes, she was sleeping on a davenette, and the bottom had a piece of iron about three or four inches high and another piece folds back on the mattress to hold it. Her right leg was about here, and the other was on the floor."

Q. "She was dead?"

A. "Yes, sir."

Q. "Were you there when the cover was taken off of the body?"

A. "Glenn raised the cover?"

Q. "Describe the gown?"

A. "Yes, pulled up about the waist showed bloody spots."

Q. "Was there blood on the bed?"

A. "Yes, and I seen some towels around there."

Q. "Did you look to see how the party entered the room?"

A. "Yes, there is a one-story building, house, northwest [sic] corner of Fifth and Crittenden. He came in from that side. It was a one-story building."

Q. "Was that the northwest or southwest corner?"

A. "Southwest corner."

Q. "What tracks did you see, if any?"

A. "There was a little shed that came out over the door. There is a walkway across there. It was covered too. You could see on the shed where someone came up and went on the roof and where they went over the machine there was a white cover, and it had a black footprint, looked like a bare footprint.

Q. "What about the marks on the roof?"

A. "I never seen that at all."

Q. "What kind of roof was it up to the window of the room?"

A. "To the room--I would say it was a tin roof."

Q. "Was it sooty and dirty?"

A. "Yes, sir."

Q. "Did you notice the gown she had on?"

A. "Yes, best of my remembrance, pink gown, ‘round the neck, looked like collar up and other side bruised."

Q. "How about the gown?"

A. "Wasn't disarranged there, only down below."

Q. "Any dirty marks on it?"

A. "I never seen any."

Q. "Now did you have some information about Rainey Bethea about that time?"

A. "Yes, sir."

Q. "State to the jury what you did, if anything."

A. "We tried to find him, and Mr. Waltrip two or three days later met him on the street, and told us--"

Q. "Did you follow up that information?"

A. "Yes, sir."

Q. "Where did you go?"

A. "We went up back of Koll's Grocery, and Jack hurled and said, ‘here he is,' and about that time, the other officers caught him."

Q. "How far was he when you finally arrested him from where he was when you first saw him?"

A. "About a square from where we first saw him."

Q. "Where did you first locate him?"

A. "About Koll's Grocery. Jack came running out on the river bank and said, ‘here he is.'"

Q. "How far was that where Jack saw him?"

A. "About a square. Where--"

Q. "Where did they finally arrest him?"

A. "My information is Daviess Street."

Q. "Did you see him after he was arrested?"

A. "Yes, sir."

Q. "You had some information, I believe, about some jewelry belonging to Mrs. Edwards?"

A. "Yes, sir."

Q. "You searched for that?"

A. "Yes, sir."

Q. "Did you locate it?"

A. "Yes, sir."

Q. "Who was with you?"

A. "Captain Morris and Whittinghill."

Q. "Where did you find it?"

A. "Lying between the stable loft."

Q. "Where with reference to Mr. Wells' house?"

A. "Across the alley from him."

Q. "I hand you some amber beads, and two strings of pearl beads, and ask you to examine those and say whether these are those you found?"

A. "Yes, these were in that. Mr. Whittinghill called my attention to it. I located this dress laying to the right of the buggy top."

Q. "I will also ask you to examine the brooch--"

A. "This was in there."

Q. "And the ear bobs?"

A. "Yes."

Q. "What about the rings?"

A. "They were in the right side of the top."

Q. "What sort of top?"

A. "An old buggy top. We first had information there was an old buggy there, but we could not find it. I climbed up in the loft, and the first thing I found was that dress."

Q. "Where did you find these?"

A. "Mr. Whittinghill got those from under some ends of sacks."

Q. "Was there any hay in the loft?"

A. "Yes, sir, but these things were under the sacks."

Q. "What things do you refer to?"

A. "Necklaces, and ear bobs."

Q. "Where were the rings?"

A. "Right by the side of the buggy top."

Q. "Who found them?"

A. "Captain Morris said, ‘I see the rings under your hand and--'"

Q. "When did you find them?"

A. "I don't remember what night this was."

Q. "Sometime after this occurrence?"

A. "Yes, sir."

Q. "Have you any idea about how long?"

A. "I would say about Thursday or Friday night."

Q. "After the offense was committed Saturday night?"

A. "Yes, sir."

Q. "Your name is Arthur Bollington?"

A. "Yes, sir."

Q. "What is your business?"

A. "Deputy Jailer."

Q. "How long have you been Deputy Jailer?"

A. "Going on seven years."

Q. "Do you know the defendant, Rainey Bethea?"

A. "Yes, sir."

Q. "How long have you known him?"

A. "About two or three years."

Q. "Have you been intimately associated with him on some occasions?"

A. "Yes, sir."

Q. "I hand you a ring filed with the stenographer as part of the evidence in this case and ask you if you know that ring?"

A. "As to it being his ring, I could not say, but he had a ring just like this when he was confined in jail the last time."

Q. "When was that?"

A. "I judge around a couple of months, maybe not so long."

Q. "Was the ring just like this?"

A. "Yes, at the time he was in jail, the right was broken in the middle, and he had it wrapped with a string. It was broken in the same place this ring is broken."

Q. "That is on the underneath side?"

A. "Yes, sir. He told me he broke the ring and tied it with the string."

Q. "Do you know where he got it?"

A. "No, but it is just like the rings they make in prison."

Q. "Your name is W. P. Morris?"

A. "Yes, sir."

Q. "What is your business?"

A. "Night Captain, Police Department."

Q. "How long have you been--"

A. "Six years."

Q. "I will ask you if you were with Mr. Will Vollman and Mr. Whittinghill when they searched for the jewelry?"

A. "I was."

Q. "When was that, if you remember?"

A. "Seems to me it was the night of the twelfth of June."

Q. "I will ask you to examine these rings which I exhibit to you and state whether or not these rings were found by you and Mr. Vollman."

A. "Yes, sir."

Q. "Where did you find them?"

A. "Near Fifth and Crittenden, down between the hay and buggy top."

Q. "How many rings did you find?"

A. "Five."

Q. "Where did you find them?"

A. "Laying loose together, covered with hay. Vollman picked up some hay, and I said, ‘wait a minute, you have got the rings right there.'"

Q. "You had theretofore found some of the jewelry?"

A. "They had; I wasn't with them."

Q. "These rings have been at headquarters since you found them?"

A. "Yes, sir."

Q. "Where do you live?"

A. "Louisville."

Q. "What is your business?"

A. "Captain of the Guards, Jefferson County Jail."

Q. "You look after the prisoners there?"

A. "Yes, sir."

Q. "Do you know the defendant, Rainey Bethea?"

A. "I know him from seeing him there as a prisoner."

Q. "You had him there?"

A. "Yes, sir."

Q. "I will ask you whether or not he made any statement to you about the jewelry that he said belonged to Mrs. Edwards in Owensboro?"

A. "On June twelfth, about nine or nine-thirty, I would say, he called me and told me he wanted to tell me something. I went up to his cell. He said he wanted to tell me where the jewelry was he had stolen. He told me the rings and jewelry were in a barn across the alley next to where this woman lived."

Q. "What lady?"

A. "He didn't call her name. He said the lady that was killed."

Q. "You understood that was Mrs. Edwards?"

A. "I afterwards learned that was her name."

Q. "Did you communicate that to the police department at Owensboro?"

A. "Within five minutes."

Q. "Did he tell you of what the jewelry consisted of?"

A. "He told me rings, bracelets, brooch, and some other jewelry."

Q. "Necklaces and ear bobs?"

A. "He didn't mention that."

Q. "Anything about a dress?"

A. "Yes, he said the dress was hidden behind that buggy top, and the jewelry was in the buggy top."

Q. "Did you give that information to the police?"

A. "Yes, sir."

Q. "You are on the Police Department of the City of Owensboro?"

A. "Yes, sir."

Q. "And have been for a number of years?"

A. "Yes, sir."

Q. "Were you with Mr. Vollman and Captain Morris when they searched for the jewelry?"

A. "Yes, sir."

Q. "Do you remember the date?"

A. "No, sir, I do not."

Q. "Were you at headquarters when you had information from Louisville about it?"

A. "Yes, sir.

Q. "Did you go with Mr. Vollman then?"

A. "Yes, sir."

Q. "I hand you two strings of pearl beads and a string of amber beads and ask you to state whether or not you found those beads."

A. "Yes, sir."

Q. "Where?"

A. "In a little box."

Q. "What place?"

A. "In the garage right back of this house."

Q. "What house do you mean?"

A. "First house off of Crittenden Street."

Q. "Do you know where Mr. Emmett Wells' house is?"

A. "Yes, sir."

Q. "Where, with reference to that?"

A. "Second door across the alley."

Q. "How far is the barn from Mr. Wells' house?"

A. "Right on the alley."

Q. "Did you find any other articles there?"

A. "This pin was in with the beads. This stuff was found in the dress, and Captain Morris, Vollman, and myself went back and found the rings."

Q. "Where did you find them?"

A. "Morris and Vollman found them right near this buggy top."

Q. "Who found the dress?"

A. "Mr. Vollman found that right by the top."

Q. "They call you ‘Red.'"

A. "Yes, sir."

Q. "What do you do?"

A. "Work for the River Sand and Gravel Company."

Q. "Do you know the defendant, Rainey Bethea?"

A. "Yes, sir, that is the same one."

Q. "Where did you see him?"

A. "Under some bushes by the Sand and Gravel Company."

Q. "When was that?"

A. "Wednesday."

Q. "What time of day did you see him?"

A. "Along in the afternoon."

Q. "Where did you see him?"

A. "Laying in under some bushes."

Q. "Where?"

A. "On the river bank."

Q. "Pretty well hidden?"

A. "Yes, sir."

Q. "Where was he, what place?"

A. "Block and a half this side of the Sand and Gravel Company. I went out to take a wire line, and I saw him."

Q. "How close were you to him?"

A. "I was in a foot of him."

Q. "Did you say anything to him?"

A. "Yes, sir. I asked him what he was doing under there. He said he was cooling off."

Q. "Was it a nice cool place?"

A. "No, sir. I didn't think so."

Q. "Was Mr. Faith with you?"

A. "No, sir. I went to him and got him to go get the law."

Q. "What did you do?"

A. "When I got up on the hill, he was sitting on the hill under a locust bush by Kohl's Grocery. When he seen Mr. Faith, he got up and got in behind Kohl's Grocery Company and into that alley, and I followed him to Wright's Machine Shop and followed him to Lewis, and he was getting in back of the cars, and that was the last time I saw him until today."

Q. "Did you call the officers?"

A. "Yes, sir."

Q. "Who were they, if you know?"

A. "I don't know. I got him in a drugstore right this side of Lewis Street."

Q. "Did he get in the searching party?"

A. "I don't know. I went back to follow the boy."

Q. "Did you see him when he was arrested?"

A. "No, sir, because he had done got by the cars."

Q. "Your name is George Steitler?"

A. "Yes, sir."

Q. "What is your business?"

A. "In the jewelry business."

Q. "Did you know Mrs. Lischia Edwards in her lifetime?"

A. "For twenty years, yes, sir."

Q. "I will ask you to examine the rings--"

A. "Yes, sir, two of these rings are hers, to my positive knowledge."

Q. "How do you know."

A. "The large ring, I set the stone and replaced the prongs."

Q. "Who did you do that for?"

A. "Mrs. Edwards."

Q. "How long ago?"

A. "About eighteen months ago."

Q. "Are these the same rings you looked at, at Police Headquarters?"

A. "Yes, sir."

Q. "Where do you live?"

A. "2424 Concord Drive, Louisville."

Q. "What is your business?"

A. "Lawyer."

Q. "Are you also a Notary Public?"

A. "Yes, sir."

Q. "Do you know the defendant, Rainey Bethea?"

A. "I know him by seeing him at the Jefferson County Jail, June tenth."

Q. "Did you have a conversation with him there?"

A. "Yes, sir."

Q. "Relative to the charge against him?"

A. "I did."

Q. "Did he make a statement to you about that affair?"

A. "He did."

Q. "He signed the statement for you, I believe?"

A. "He did."

Q. "Before he made the statement, state what you said to him about the statement being voluntary?"

A. "Shortly after this killing, on the evening of June tenth, I was called to the Jefferson County Jail to take the acknowledgment to a statement. When I got there, one of the deputy jailers told me the officers from Owensboro wanted me to take a statement from the defendant. After ascertaining what the trouble was, I asked if he understood what sort of a statement he was about to make. He said he did. I asked him if he understood that statement would, in all probability, be used against him in a trial of the matter. He said he did. I asked him if he wanted to make it, voluntary statement, he said he did. I asked him if he had any fear of the officers, he said he did not; they had treated him perfect."

Q. "I hand you a statement and ask if that is the statement you have referred to?"

A. "It is. After reading the statement to him--I made a carbon copy--and I gave this original to the defendant and asked if he could read. He said he could. I asked him to take the original and asked him to check, word for word, as I read the copy whether this was the exact statement he wanted to sign."

Q. "Did you read the copy?"

A. "I did. I read it slowly so he could check it."

Q. "Then what happened?"

A. "He signed it."

Q. "I wish you to read that statement to the jury."

A. "State of Kentucky, County of Jefferson. The affiant, Rainey Bethea, age twenty-two years, a resident of Owensboro, Daviess County, Kentucky, says that on Saturday, June sixth, 1936, sometime during the night of said date, he entered the home of Mrs. Lischa R. Edwards, at Fifth and Crittenden Street, in Owensboro, Kentucky, and did there and then choke and ‘rape' the said Lischa R. Edwards; that he gained entrance to said home, through a window; that after said attack, this affiant took from a dresser in said room of Lischa R. Edwards, four rings and also took from her room one ladies' pink-, or orange-colored lace dress; that he took all of said articles to his room at, or in the rear of Fourteenth and Frederica Street, in Owensboro, Kentucky, and hid the rings under certain curtains in his said room.

"Affiant further states that he formerly worked for the said Mrs. Lischa R. Edwards and lived in the rear of her home; that he knew her by sight and was acquainted with the surroundings of her home; that when he entered the room, Mrs. Edwards was sitting on her bed; that he walked over to the bed, choked her until she fell over on the bed, and then assaulted her; that so far as he knows, she never moved again after he had choked her around the throat; that at the time he entered said room, he had a prison ring on his finger; that he removed said ring and left it on the dresser where he had taken the other rings; that he found a white pocketbook in the room and took two dollars from same.

"Affiant says that this statement is made by him, of his own free will; that the same was volunteerly [sic] made by him because he feels that it will be to his best interest to tell the truth.

/S/ Rainey Bethea

"Subscribed and sworn to before me, R. M. Morton a Notary Public in and for Jefferson County, Kentucky, this the tenth day of June, 1936. My commission expires January 12, 1938.

/S/ R. M. Morton

Notary Public

530 West Jefferson Street

Louisville, Kentucky.

(SEAL)

Witnesses:

L. I. Dishman, D. S.

A. C. Reisz, D. S.

R. D. Bristow, Owensboro Police Officer

George Koper, C. J. Reporter"

A. "[Continuing] At the bottom of the first page, I at this point stated to him that in order to make certain nothing could be added to the paper on this side, I had him sign at the bottom of the page, before taking the acknowledgment, and then I had him sign at the top of the paper, so nothing further could be entered there. I asked each one of these gentlemen to hear the statement read and to sign the statement as witnesses."

Q. "Is that a true and correct copy of the statement made to you at that time?"

A. "This is the original of the statement made to me."

Q. "And he signed and swore to it?"

A. "That is right."

Q. "Did he make any other statement?"

A. "Yes, after the statement was made, I asked if he had taken anything else from the room of Mrs. Edwards. He again repeated all he had taken, jewelry and dress. I then showed him a piece of cloth purporting to be part of the dress taken from the room. He said it was pink- or orange-colored, and I showed him the piece of cloth, and he identified it."

Q. "Is that the piece of cloth?"

A. "Yes, sir."

The statement and piece of cloth were ordered filed and made a part of the evidence. The statement was marked by the court reporter as Exhibit A, and the piece of cloth was marked also.

Q. "How long have you been on the force?"

A. "About a year and a half."

Q. "As such officer, did you accompany Mr. Reisz and Mr. Dishman to Louisville with the defendant, Rainey Bethea?"

A. "Yes, sir."

Q. "Did you hear the statement he made to Mr. R. M. Morton at Louisville?"

A. "Yes, sir."

Q. "I will ask you to examine that statement filed with the stenographer and state if that is in substance what he said at that time?"

A. "That is."

Q. "You have read it?"

A. "Yes, sir."

Q. "Prior to your arrival at Louisville, did he make any statement similar to that?"

A. "He did."

Q. "What statement did he make to you?"

A. "That he did choke Mrs. Edwards and rape her, and stole the things and left the room, but did not kill her."

Q. "Where did he make that statement to you?"

A. "I believe before we got to Cloverport."

Q. "State whether or not that was a free and voluntary statement?"

A. "It was."

Q. "Any threats used?"

A. "No, sir."

Q. "Or inducements offered him?"

A. "No, sir."

Q. "Or promised immunity?"

A. "No, sir."

Q. "On the way to Louisville, did you make any investigation, or did he exhibit to you his underclothing?"

A. "He did."

Q. "At Louisville, did he?"

A. "After he was put in jail, I asked him to give me the underwear to bring back."

Q. "Do you have that underwear?"

A. "Yes, sir."

Q. "I will ask you to examine this clothing here and state whether or not that is the clothing taken off of him?"

A. "Yes, sir. It is."

Q. "Could you tell it was blood?"

A. "Yes, sir. Better then than you can now."

Q. "That is the clothing taken off of him?"

A. "Yes, sir."

Q. "Could you tell from the exhibit made on the road whether it was blood?"

A. "Yes, sir."

Q. "Did he make any statement about where he got the blood?"

A. "He said he got the blood when he assaulted Mrs. Edwards."

Q. "Was there any blood on any other part of his clothing?"

A. "Some on the opening of his trousers, and we left them up there. He didn't have any other trousers."

The judge ordered that the underwear be filed as part of the evidence.

Q. "Did you accompany Mr. Bristow and Mr. Dishman in taking the defendant, Bethea, to Louisville?"

A. "I did."

Q. "On the way, did he make any statement to you about his connection with Mrs. Edwards?"

A. "He did."

Q. "Was that a free and voluntary statement?"

A. "It was."

Q. "Did you make any threats or offer any immunity to him to make the statement?"

A. "No, sir."

Q. "What statement did he make with regard to the assault on Mrs. Edwards?"

A. "He told how he approached the house and went in the window, and she was sitting on the bed, and he rushed up and choked her and assaulted her."

Q. "What did he do after that?"

A. "He got the rings after that."

Q. "Did he assault her?"

A. "Yes, sir. He said he did."

Q. "What words did he use?"

A. "He said he ‘raped her.'"

Q. "When did he say he got the rings?"

A. "Afterwards."

Q. "Did he say how many he got?"

A. "Four of them."

Q. "Did he say anything about getting anything else?"

A. "At that time, he told us he didn't get the brooch."

Q. "What about the dress?"

A. "Yes, he said he got the dress."

Q. "Did he describe the dress to you?"

A. "Yes, sir."

Q. "Did you hear the statement he made in the presence of Mr. Morton in Louisville?"

A. "I did."

Q. "Tell whether or not that was, in substance, what he told you on arriving in Louisville."

A. "It was."

Q. "You have heard the statement read to the jury?"

A. "I have."

Q. "Is that a true and correct statement of his statement?"

A. "Yes."

Q. "Did you notice his underclothing at the time he was caught?"

A. "I did."

Q. "State whether or not they were bloody?"

A. "They were."

Q. "What underclothing? His drawers?"

A. "Yes, sir."

Q. "Where was the blood?"

A. "On the front of them."

Q. "In the region of his privates?"

A. "Yes, sir."

Q. "Did he tell you how he got that on there?"

A. "Yes, sir."

Q. "What did he say?"

A. "He said he got that when he raped her."

Q. "Your name is William Vogel?"

A. "Yes, sir."

Q. "You are on the police force and have been for a number of years?"

A. "Yes, sir."

Q. "You remember the time when Mrs. Edwards was assaulted in Owensboro?"

A. "I do."

Q. "I believe you were not at home that day?"

A. "No, I was not."

Q. "When did you arrive in Owensboro?"

A. "Monday morning, about one o'clock."

Q. "When did you go to the room of Mrs. Edwards?"

A. "Monday morning about nine o'clock. I went to look for fingerprints."

Q. "Did you find any?"

A. "Yes, sir. I found several."

Q. "I am asking you whether or not you found the cover on the machine near the south window?"

A. "Yes, right where you enter the window."

Q. "I will ask you to examine that cover and state whether or not that is the cover that was on that machine?"

A. "It is, yes, sir."

Q. "What did you find about that, if anything?"

A. "It shows somebody's left foot on it and also the left hand, where they went through the window and stepped on the cloth."

Q. "Is that the print you refer to?"

A. "Yes, sir. Here is the footprint and handprint, and here is another hand- and footprint."

Q. "Did you take a print off of that?"

A. "No, sir. That dirt caused them to dry up."

Q. "Did you examine the roof?"

A. "Yes, sir."

Q. "Did you notice any prints up to the window?"

A. "Yes, sir. Just one set of prints. Someone going up barefoot. It showed on the cloth each separate toe."

Q. "Were the prints discernible on the roof?"

A. "Yes, sir."

Q. "Was that a barefoot print, too?"

A. "Yes, sir."

Q. "Could you tell where he got on the roof?"

A. "The first I saw was on the shed."

Q. "Did you find any prints you could develop?"

A. "I saw some on the bed; they were all old prints and none belonging to this Negro."

Q. "That the only place you could find any prints?"

A. "It was, yes."

The cloth was filed as part of the evidence.

Will Vollman had previously testified but was recalled to the witness stand by the prosecution for further testimony.

Q. "I will ask you to examine this dress and state whether or not that is the dress you referred to--"

A. "Yes, sir. I saw this with towel and old coat over it behind the buggy top."

Q. "That was what you found after you got the information from Louisville?"

A. "Yes, sir."

Q. "And at the same place, you found the jewelry?"

A. "Yes, sir."

Q. "I believe your wife is a niece of Mrs. Edwards?"

A. "Yes, sir."

Q. "I will ask you to examine this dress and state whether or not it belonged to Mrs. Edwards."

A. "Yes, sir."

Q. "How do you know that, Frank?"

A. "My wife made that dress for Auntie."

Q. "How long before Mrs. Edwards' body was found?"

A. "It was delivered Saturday afternoon."

Q. "Before the offense was committed, Saturday night or Sunday morning?"

A. "Yes, sir."

Q. "I will ask you to examine the rings, brooch, ear bobs, and strings of beads, two pearl and one amber--"

A. "This is all Auntie's property."

Q. "That is, Mrs. Edwards?"

A. "Yes, sir. This ring was remounted some time ago, and remounted by Mr. Steitler, and the white sapphire put in the place of that."

Q. "These were all her rings?"

A. "Yes, sir."

Q. "You are a police officer?"

A. "Yes, sir."

Q. "Of the City of Owensboro?"

A. "Yes, sir."

Q. "Do you know the defendant, Rainey Bethea?"

A. "I do."

Q. "How long have you known him?"

A. "Two years."

Q. "Do you remember the time when he was arrested here a short while ago?"

A. "On First Street, yes, sir."

Q. "You mean this last time?"

A. "Yes, sir."

Q. "Did you assist in his arrest?"

A. "Yes, sir."

Q. "Where did you find him?"

A. "On the river back at the foot of Daviess Street."

Q. "What was he doing?"

A. "He was sitting there. I called him and told him to come up the bank. I had my gun on him."

Q. "Was he hiding or sitting in the open?"

A. "He was sitting under a little bunch of willows."

Q. "What time of day was it?"

A. "About two o'clock."

Q. "Do you remember the day?"

A. "Wednesday after this happened Sunday."

Q. "Same afternoon he was taken to Louisville?"

A. "Yes, sir."

Q. "Your name is Bob Weikel?"

A. "Yes, sir. It is."

Q. "Do you hold any official position?"

A. "Jailer of Daviess County."

Q. "How long have you been Jailer?"

A. "Six years and nearly six months."

Q. "Do you know the defendant, Rainey Bethea?"

A. "Yes, sir. I do. Known him a little over a year."

Q. "Have you talked with him since this offense with which he is charged?"

A. "I never saw him until this morning. Talked with him this morning."

Q. "Where?"

A. "In the side room."

Q. "Did he make any statement to you about his connection with this offense?"

A. "Yes."

Q. "Was that a voluntary statement?"

A. "Yes, sir."

Q. "Did you make any threat or promise him immunity?"

A. "No, sir. He said he was glad to see me, and he told me he thought of this, and the best he remembered that night about eleven o'clock, he taken off his shoes and got on the roof, and went through the window. He said the window was up about so high and the screen was loose, and the first thing he did, he got up this jewelry you speak of, and after he got the jewelry, she woke up, and that is when he grabbed her and assaulted her, and after he was through and fixing up his clothes, she said, ‘I know you.' He turned his head sideways, and she said several times, ‘I know you.'"

Q. "Did he state what he did when he assaulted her?"

A. "Yes, sir. He said he did, and she was still living when he left."

At this time, the Commonwealth closed its case-in-chief. The defense announced that Rainey Bethea did not want to testify in his own behalf. William W. Kirtley turned to Bethea and asked him whether he wanted to testify, but Bethea said that he did not want to do so. Under the Fifth Amendment of the United States Constitution, a person accused of a crime has a right not to testify against himself at trial. Accepting his refusal to testify in accordance with the rights afforded Bethea by the Constitution, Judge Wilson proceeded into the closing argument stage of the trial.

The prosecutor, Herman Birkhead, then gave a closing statement, which lasted nineteen minutes. It is impossible to know what exactly was said in the closing statement because this portion of the trial was not transcribed. However, it can be safely assumed that the prosecutor urged the jury to impose the death sentence, due to the heinous nature of the crime. The defense offered no closing statement but moved the court to peremptorily instruct the jury to find Bethea not guilty. Judge Wilson denied the motion, and the defense counsel excepted to the ruling. Afterward, Judge Wilson instructed the jury.

Because the defendant had pled guilty to the charges, the trial judge instructed the jury to find him guilty. In a modern criminal trial, this would be unusual, since most guilty pleas result in sentencing by the judge alone. However, in 1936, a jury had to be empaneled to set the defendant's sentence. The judge's instructions to the jury were as follows:

The defendant, Rainey (Railey) Bethea, in person and in open court waived formal arraignment, and personally entered a plea of guilty to the charge sustained in the indictment. The jury will, therefore, find the defendant, Rainey (Railey) Bethea guilty as charged in the indictment and fix his punishment at confinement in the penitentiary for not less that Ten (10) years nor more than Twenty (20) years, or at death, in the discretion of the jury.

Given

/S/ Geo. S. Wilson

Judge

The jury was given the case at 12:18 p.m.. The jurors retired and quickly announced that they were ready to return to the courtroom. A surge of excitement came about the crowded courtroom, but the crowd was quieted by Judge Wilson. Four and a half minutes after it retired, the foreman read the jury's verdict, "We, the jury, find the defendant, Rainey (Railey) Bethea, guilty as charged in the indictment and fix his punishment at death. J. O. Sourbeer, Foreman." Judge Wilson polled the jury; each member stated that he had agreed to the verdict.

Judge Wilson then asked Bethea, "I now ask you, Rainey Bethea, if you have any legal reason to offer the court why, in accordance with the verdict of the jury and in accordance with law, I should not now sentence you under the verdict?"

Standing with his arms folded, Bethea replied, "No, sir."

Judge Wilson then said, "The court now pronounces Rainey Bethea, that you shall be hanged by the neck in this county until you are dead, and may God have mercy on your soul." At the time of the sentence, Bethea made several quick nods with his head.

Following the pronouncement of sentence, Bethea was taken into the jury room apparently to confer with his attorneys, but he was quickly taken through County Attorney Sidney Neal's office by Deputy Sheriffs Albert Reisz and Lawrence I. Dishman. Jailer Robert Weikel and Deputy Jailer Arthur Bollington took him into the hall and down the stairs to the north door of the courthouse. State police, under Captain Jesse Stone, armed with tear gas guns, stood on the steps at the door, and a lane was cleared through which Bethea was rushed to an awaiting car.

Judge Wilson knew that Bethea was safely enroute to Louisville when he heard the siren of the police car. He then adjourned court.

Once the verdict of the jury had been rendered, the court entered a written order into the court records which set the date of Rainey Bethea's execution. The order stated:

CRIMINAL ORDER BOOK #21

PAGE #565.

Comth. of Ky., Plaintiff,

VS. RAPE

Rainey (Railey) Bethea, Defendant.

The defendant, Rainey (Railey) Bethea, having entered a plea of guilty and indicating to the Court that he did not care to file written motion and Grounds for a New Trial and this Court being about to adjourn the Term, and the aforesaid defendant, Rainey (Railey) Bethea, being in Court and being informed by the Court of the nature of the indictment against him herein as well as of his plea the verdict of the jury in this prosecution and being asked by the Court if he had any legal reason to show why the judgment of this Court should not be rendered upon said verdict and none being shown; it is now adjudged by the Court that the said defendant, Rainey (Railey) Bethea, be taken hence to the Jail of Daviess County, and there safely kept until the 31st day of July, 1936, on which day between sunrise and sunset the jailer of Daviess County shall deliver him to the Sheriff of Daviess County who shall hang him by the neck until he is dead.

It has been traditional to schedule death sentences to be carried out on a Friday. This tradition dates back to Old England and presumably was done because Jesus Christ was executed on a Friday.

The entire trial concluded at 12:30 p.m., having lasted only three and a half hours. The only disorder reported by the newspapers occurred when a man shouted "get him" as Bethea was being rushed into the awaiting automobile.