The Daily Ardmoreite
Tuesday Evening, September 3, 1907
pg. 1

DISTRESSING TRAGEDY
Young Woman Meets Death by Pistol Shot

THE DEED IS A MYSTERY
Arrests Have Been Made and Officers are Making Thorough Investigations - A Lover's Quarrel Mentioned - To Sherman
Bert Joiner, son of one of the most prominent men in the city, is being held at the federal jail on a charge of murder.  His companion, Lawrence Musgraves, is also confined on a charge of accessory to murder and Mrs. Wheelers, or Miss Bobby Weir, as she is better known here, is dead, as a result of a lover's quarrel, which occurred
about 4:30 o'clock Monday afternoon.
The affair took place at a rooming house run by a Mrs. Peterman, a widow on Fourth Avenue, northwest, where Miss Weir was making her home.
Joiner and the young lady had been sweethearts for 5 or 6 months, and a quarrel had arisen the day before.  Monday Jointer, together with Musgraves, went to the home of Miss Weir and the quarrel was again resumed.
It is said that Musgraves did not go into the house, but remained in the buggy, and that Joiner went in by himself.
There was no one at home but Miss Weir when the crime took place.  It is said, however, that neighbors heard screams in Miss Weir's room before the shot was fired.
Facts in the case are very indefinite, as there was no eye witness to the affair.
Immediately after the screams a shot was fired.  When this shot was fired, Musgraves, who was in the buggy, ran off, coming to town.  Joiner was left by himself and when neighbors, who had heard the screams and the shot arrived, Joiner was walking around in the yard while Miss Weir lay in a pool of blood in her room, with a bullet hole
through her temple.
The young lady lived for probably 10 minutes, but never regained consciousness, and was gasping her last breath when physicians reached the scene.
Persons who reached the house first stated that Joiner seemed dazed and was drunk.  He was walking around the house in a semi-conscious condition, calling for his gun.
The only words he spoke was to call for his gun, saying he would kill himself.
After coming to town Musgraves returned together with one of the boys who works at the police station.  He was considerably excited.
The gun with which the crime is said to have been committed was found on the floor after Musgraves returned. 
It was a 38-caliber pistol of a small size.  It is claimed that the gun belonged to Miss Weir.
Warrants for the arrest of the 2 young men were sworn out by Mrs. Peterman, as the authorities up to that time had made no arrests, as it was at first thought that the young lady had committed suicide.
Joiner made a statement in which he stated that he was on the outside of the room at the time the gun was fired.  His statement in brief was to the effect that he and Miss Weir had been driving around early Monday and that they had had a quarrel.  The quarrel was over his talking to another girl.  He left and after thinking about threats
she made, he asked Musgraves to go up there with him as he wanted to see her.  When he alighted from the buggy and went into the house he said Miss Weir was standing with a gun in her hand.  She pointed it at him and said she would kill him.  He stepped out of the door and closed it behind him.  Just as he did he heard a shot, but thought
she was bluffing him.  He went back into the room and found her lying in a pool of blood on the floor.  Musgraves corroborates Joiner's story to the effect that Joiner had shut the door behind him and was out on the porch when the shot was fired.
The first persons who reached the scene of the crime were unable to throw much light on the subject as Joiner was in the yard when they came and the young lady was lying on the floor almost dead, and Musgraves was whipping his horse toward town.
The remains of Miss Weir were taken to the Taliaferro undertaking establishment, where they remained last night.  This morning they were shipped to Sherman and buried there this afternoon.  She had relatives living in Sherman and also in this city.
An examination of the wound made by the bullet and other marks on the face was made by the undertaker.  The wound in the temple was a ragged one and was so large that the end of the finger could have been placed in it  The bullet entered the right temple and ranged downward lodging just below the center of the left ear.  It passed
completely through the head and was held just beneath the skin.  On the face there was other marks, seemingly made by the muzzle of a six shooter being pushed against the face.  These marks did not show strongly before the body was embalmed, but after the blood had been let out they showed up very plainly.  There were 3 or 4 of these
marks upon the face.  The young lady's right hand was badly powder burnt as though she had hold of other mussel of the pistol when it was fired.  One mark was on the chin, one on the upper lip and other on the side of the face.  There was no powder burns on the temple where the bullet entered, or on the face at all.  It is claimed that had the young lady fired the shot herself the bullet would have ranged upward, instead of downward.
Both the police and federal authorities are investigating the case, but have found nothing that would indicate whether she committed suicide or been murdered.
On account of the absence from the city of the commissioner the preliminary hearing will not be held until the 9th of the present month.  In the meantime no one will be allowed to talk to either of the prisoners.

Newspaper Source Unknown
BODY TAKEN TO SHERMAN
Young Woman Who Met Death at Ardmore Taken to Old Home.
Sherman,Tex. Sept. 2 - The morning press reports contain an account of the tragic death of Miss Bobbie Weir of Ardmore.
The body, accompanied by the mother, Mrs. M. A. Wier, reached Sherman at 4 p.m. The burial took place at West Hill Cemetery immediately.
The parents of the unfortunate young lady made Sherman their home for years, the father dying at their residence on North Throckmorton street about three years since.
The meager details of the tragic death are that yesterday afternoon about 2 o'clock Miss Wier returned to her boarding house from the Labor Day picnic in company with a young man, who left for a few minutes. Soon, after his departure it is stated a pistol shot attracted persons, who found Miss Wier with a pistol shot wound in her right temple. She was unconscious until her death, which occurred in a short while. Her right hand showed evidence of powder stains.
Miss Wier was 17 years of age and spent most of her life in  Sherman.



Ft. Worth Star Telegram
Thursday, September 5, 1907
pg. 1

MURDER IS CHARGED
Arrest of Young Man Follows Death of Ardmore Girl

Special to the Telegram
Ardmore, I.T., September 5 - In connection with the shooting of Miss Bobbie Wier, the 18-year-old girl who was discovered in a dying condition by neighbors and who expired shortly after being shot, federal officials have placed under arrest Bert Joiner, son of a prominent citizen of Ardmore, who is being held on a charge of murder, and Lawrence Musgraves, a companion of Joiner.



The Shawnee News
Friday, September 6, 1907
pg. 7

TWO ARRESTS MADE
One Young Man Alleged To Be Principal, Another Accessory
Ardmore, September 6 - In connection with the shooting of Miss Bobbie Weir, the 18-year-old girl who was discovered in a dying condition by neighbors, and who expired shortly after being shot, Federal officials have placed under arrest Bert Joiner, son of a prominent citizen of Ardmore, who is being held on a charge of murder, and Lawrence Musgraves, a companion of Joiner, who, it is alleged, was near the scene of the tragedy.  The latter
is charged with being an accessory.



The Daily Ardmoreite
Sunday, September 8, 1907
pg. 10

PRELIMINARY TRIAL TOMORROW
Bert Joiner and Lawrence Musgrave Have Trial Monday
The preliminary hearing of Bert Joiner and Lawrence Musgrave, the 2 young men charged with the killing of Miss Bobbie Wier, will be held on Monday morning.
Russell & Champion, and W. D. Gibbs are the attorneys for the defense, and it is thought that in all probability an endeavor will be made to secure a dismissal of the charges at the preliminary hearing on the theory that the killing was a suicide.
Bot the government and defense are ready for the fray and a number of witnesses have been summoned by both the government and the defense.



The Daily Ardmoreite
Monday Evening, September 9, 1907
pg. 1

PRELIMINARY POSTPONED
Hearing in Bobbie Weir Case Deferred Until Saturday

PROSECUTION NOT READY
Attorney Stating There Were Several Out-of-Town Witnesses to Subpoena - No Further Developments Obtained

Because the government desired to further investigate the cause of the death of Miss Bobbie Weir, the preliminary trial of Bert Joiner, charged with murder, and of Lawrence Musgraves, charged with accessory to murder, which was to have been heard by the commissioner today was postponed until Saturday, September 14th.
Since Miss Weir's death, which occurred in this city Monday evening last, the district attorney's office has been industriously investigating whether Miss Weir met her death at the hands of some one, or whether she committed suicide.  Both Joiner and Musgraves have been held at the federal jail since Miss Wier's death occurred.
No new developments have been discovered in connection with the death of Miss Weir, so far as has been given out.  Neither of the defendants have given out a statement since the day of the arrest, when Joiner stated that he was on the outside of the room when the shot which killed Miss Weir was fired, and Musgraves corroborated the statement.
District Attorney George R. Walker stated this morning, when the case was called that the prosecution was not prepared to enter into trial as there were several out of town witnesses to be summoned.



The Daily Ardmoreite
Friday, September 13, 1907
pg. 5

JOINER PRELIMINARY
Will Be Heard Tomorrow.  Defense Relies On Suicide Theory For Release
Unless the unforeseen happens the preliminary hearing of Bert Joiner and Lewis Musgrave will be held tomorrow morning on the charge of having killed Miss Bobbie Weir on the evening of Labor day.  The defense, it is understood, will set the suicide theory of the case, while it will be the endeavor of the government to prove that Miss Weir was shot by the defendant.  Joiner, while in a stooping position and on her knees, beseeching him not
to shoot.
The testimony will be watched with much interest by both sides and a hard fight will be made.  The defendant's attorneys will use every means possible to secure a dismissal of the case at the preliminary and will in all probability introduce evidence to sustain their position.
The marshal's office has been making a careful investigation and will in all probability bring out some testimony that may be startling.



The Daily Ardmoreite
Sunday Morning, September 15, 1907
pg. 1

BERT JOINER BOUND OVER
Held by Commissioner For Murder of Bobbie Wier

MUSGRAVE IS RELEASED
Attorneys for Defendant Will Apply for Writ of Habeas Corpus - Much Circumstantial Evidence Is Introduced
Bert Joiner, one of the defendants charged with the murder of Bobbie Wier, his sweetheart, must answer before a jury of his peers for the crime, while Lawrence Musgraves, who was in company with Joiner shortly before the killing, was released, there being insufficient testimony to connect Musgraves with the killing.  The theory
of suicide set up by the defense was without avail.
The physical facts surrounding the case cause the decision to be rendered as it was by Judge Butler, the U.S. Commissioner for this city.  The facts which caused the commissioner to hold the prisoner are that no powder burns could be found on the right side of the temple, where the bullet penetrated, while the right hand showed
powder burns on the palm and through the fingers.  The appearance of the hand was as if the woman, Bobbie Wier, had thrown her hand up in a beseeching manner to protect herself when the fatal shot was fired.  Powder marks could be seen between the fingers, but none . . to by the deceased's sister that on the side of head.  It was testified
the pistol found in the room near the body was not the pistol of the dead woman, who owned a pistol which was new, while the weapon shown in the court room was an old one and showed much use.
The testimony in the case was secured for publication notwithstanding the fact that the attorneys for the defense put the newspaper men under the rule and would not allow them in the court room during the trial - an unheard of proceeding.
C. Boone Taliaferro, the undertaker who removed the body and has had considerable experience in dealing with wounds, was the first witness.  He testified as follows:
"I am an undertaker at Ardmore; I was up at the place of the killing on Labor Day, September 2, 1907.  I heard that a killing had taken place up there, and I went up with others.  It was along about 4 o'clock.  I saw a young lady on the floor; her name was Bobbie Wier.  She was shot. I saw Banks King, Guillot and his wife, John Morgan, Mrs. Patterson, Mr. Tippitt, Mr. Ferguson.  These were about all I knew.
Bobbie Wier was just back of the door.  He head was towards the south and her feet were towards the wall; her body was near the front door.  I made examination of the body.  I found that she had been shot, a bullet hole was in the right temple; the bullet struck about an inch from the corner of the eye on the right side, and passed through the head, and lodged about an inch from the eye under the bone on the left side.  There were powder marks on the hand, and no marks of powder on the head.  I have the bullet that I took out of her head that evening with me.  This is the bullet.  I examined her hand; the powder marks were around the thumb, the fore finger, and on the tip of the second finger, there were no other marks on the hand.  There was a mark on the left side of the lips, a small brazed place on the nose, the left eye was also black; on the left temple a brazed place was there, the worst spot of all.
There was a round spot on the second tooth on the left side.  I did not see or discover any powder marks whatever on the face or head.
With a Smith & Wesson shell a powder mark could be made anywhere from within 3 or 4 feet.  I have recently made experiments to determine what distance a powder mark would be made.  I have also been a deputy sheriff and have had experience.
The paper now shown by me was a 6 foot test.  This one, a 48" range.  This one a 36" range.  This one a 30" range.  This one a 24" range; This one an 18" range.  This one a 12" range.  This one a 9" range.  This one a 6" and this one a 3".
I have examined many gunshot wounds.  My opinion is (objected to by defendant) it was a physical impossibility for the gunshot wound to have been inflicted by the deceased without it having made a powder burn.  She could not have inflicted the wound herself without making a powder burn.  Noticed a broken place in the screen, and the catch was raised.  The door stop I did not notice.
On cross examination, the witness said:
"The deceased was still alive when I got there, but I don't know when the shot was fired.  If I should put a pistol jam against myself I cannot tell whether it would produce powder marks or not.  I did not pursue my experiments that far.  The wound on the deceased was large enough to admit my finger.  I made the test with a 5" barrel pistol.  It never was the pistol that was found near the deceased.  The pistol I made the tests with shoots a long and short cartridge."
On re-direct examination, Talliaferro said:
"The deceased died there on the floor where I saw her; she died from the effects of the pistol on the floor there.  I took the pistol ball out of the left side of her head."
W. W. Taliaferro, the father and partner of C. Boone Taliaferro, testified that he was not an expert judge of wounds, but that he could not find any powder marks on the temple, while the powder burn on a portion of the hand washed off very readily, some of that along the thumb of the right hand was embedded in the flesh.  Mr. Taliaferro testified that he had been handling guns and pistols for 50 years.  He also stated that generally where the shot is fired close the wound is a clean one, while the wound found on the deceased was a jagged one.
May Ferguson, the woman who rented the room in which the killing took place, and who was running a rooming house, testified that she had seen the defendant, Joiner, and the deceased together at the picnic grounds.  The witness also testified that she had a conversation with Joiner relative to his paying the room rent due by Miss Wier.
The witness also testified to seeing blood on the walls and door fastenings.
Wade Morris was the next witness called.  This witness lives about half a block from where the killing took place, and heard yelling.  When he got there Bert Joiner was kneeling.  Defendant Musgrave told the witness that the woman had shot herself.
Dr. R. D. Moore, the physician called, testified to having examined the wound on the inside.  "The bullet had lodged in the left temple.  Found Dr. Henry there.  The witness during this testimony expressed it as his opinion that powder was in the wound on the inside.  "The bullet alone would not make the wound."  Witness is a graduate
of Vanderbilt  University.  "Was not surprised not to see powder burns on the right side of the temple."
Testimony of Policeman Banks King was as follows:
"I am a policeman in Ardmore.  I went up to the place of the killing of Miss Wier.  I saw her; she was lying on the floor.  I stayed there from about 4:15 to 6 o'clock.  She was shot.  I examined the wound.  She was lying on the floor with the head to the south; the bullet went in on the right side and made a considerable gash, and came nearly out on the left side.  I could get about that much of my little finger (indicating) in the wound.  If there was any powder burn I did not see it.  I was close enough to see it, and did not see any.  There was powder burn on her hand.  I
have seen powder burn on people."
"I do not know whether she shot herself or not, but she could have shot herself; but in the absence of the powder marks I cannot say whether she shot herself or not.
"I will ask you whether it is possible for a person to shoot themselves without leaving powder burn?"
"I do not think it is possible to do so without leaving powder burns."
"I could hold a pistol and shoot myself in the head.  The deceased could have shot herself in the head.  If the pistol had been held close to her head, and the bullet went ahead of the gas, I do not know whether the powder burn would have appeared or not; but this gun would have blowed her head off, nearly.  The biggest part of the powder would have followed the bullet in.  There is very little powder burn from a pistol at the cylinder.  I don't see how the powder could have got on her right hand, and she having shot herself with her right hand.  If a pistol is jammed against the flesh it would have to be held close and with considerable pressure to keep from making a powder burn.  A bullet shot from a gun as much as a foot away could have made a wound like was in Miss Wier's head from the same size that she was killed with.
It looks to me like if the gun was against the flesh it would have blown out a bigger hole.  From the pool of blood she could not have moved far."
Maude Wier, the sister of the deceased, testified to the fact that the deceased and Joiner quarreled in a restaurant in Ft. Worth, Texas, 2 weeks previous to the killing.
That her sister, the deceased, carried a pistol whenever she was with Joiner.  That the deceased told the witness that Joiner had threatened the life of the deceased on several occasions.  The gun shown to the defendant as the pistol with which the killing was done was not the pistol owned by the deceased.  That her sister, the deceased,
returned from Ft. Worth to Ardmore with Joiner.
Mrs. J. L. Harris, who lives at Ft. Worth, Texas, testified that she met the deceased and the defendant, Joiner, in Ft. Worth together, and that Joiner and the deceased were quarreling.  The fuss was on Thursday before the killing on Monday.
E. E. Guillot was the first witness called by the defense.  He followed Policeman Chancellor to the room where the shooting took place.  The witness Chancellor showed the witness a gun which he (Chancellor) had picked up from beside the body.  Joiner made the following statement to him (Guillot):
"I will tell you how it happened.  We were out at a picnic and she saw me talking to another girl, and she got mad, and we started back home, and I made up my mind to quit her, and I started to leave, and I said to her that I was going to quit her, and she said: 'Are you? and "If you are why don't you go on, baby?  And just as I started
out at the door, the gun shot."
Police Officer Jim Chancellor testified that he found the gun with which the killing was done at the foot of the bed under the girl.  Musgrave made a statement to witness that he went up there with Joiner and did not want to be implicated in the case.
Witness identified the gun as the one found by him, on the cross-examination.
John Morgan, another witness, testified that he lived about half a block from where the killing took place.  The witness saw the defendant, Joiner, in the yard crying.
Joiner had blood on his hands and arms.  Did not see any gun.  This witness was present about 20 minutes before Police Officer Chancellor arrived.
The defendant, Bert Joiner, was then put on the stand and testified about as follows:
"I was up to see Miss Wier Sunday.  She told me to bring a horse and buggy up to take her and Mrs. Peterson's children to the picnic.  I got a horse and buggy and carried her out to the picnic.  When i got out there I spoke to some other girl and she looked at me rather hard, and said to me to come on and lets go, and she said she had lost
the key to the house, and when we got there she told me not to let her catch me with that other girl or she would kill me and her both, and that she might not be here when I came again.  I came back to town and went to Frame's and 'phoned several times and she did not answer.  I then got Lawrence Musgraves to go with me up there.  I tried to get Lawrence to go in with me and he would not.  When I went in I asked her why she did not answer the 'phone, and she said that if she did not answer it she knew I would come up there.  I talked to her some minutes, and told her that I was going, and she said that she had told me what she was going to do, that she would kill me and then
kill herself.  She reached for a pistol and I jumped out of the door and the shot was fired.  I went back in the house and saw her lying there."
On cross examination, he said:
"I have been going with her since April last.  I have never left any of my clothing up at this girl's house.  I told Havens and Chapman that I did not leave any clothing in her room.  This collar and tie may have been in her grip and she have brought it from Ft. Worth.  I did not strike her at the time of the killing.  I never threatened her, she did not seem to be afraid of me.  There was no scuffle when she drew the gun.
When I went in the room she was standing behind the door.  She did not know I was coming until she saw me coming.  I did not put the gun under her.  I did not see her shoot herself; I did not see anyone else in the room.  I had 2 or 3 bottles of tin top."
Lawrence Musgraves, who was arrested as an accessory, but was released yesterday, testified as follows:
"I am 23 years old.  Live at Ardmore.  I am one of the defendants.  I first got with Joiner about 3 o'clock here on Main street.  I went with him up to the house.  I did not know of any trouble, only he told me that she was going to kill herself if he ever quit her.  After we first arrived there, he stayed in 15 minutes, and I called him.
He came out and pulled the door after him, got one or two steps from the door and the shot was fired.  I got some persons to go over there.  After Bert got in I saw her pull the window blind down.  I did not see anybody else about the house.  The gate is about 3 or 4 feet from the house.  I did not get out of the buggy.  I heard him pull the door to and looked up and saw him coming out, and then I heard the gun shot.  I do not know anything about the trouble only what Bert told me."
On cross-examination, the witness said:
"I am Jim Chancellor at the police station.  I told him that I wanted some officer to go up there and see how it was; that I did not want to be implicated in it.  I did not hear any row on the inside.  I do not know how those wounds and marks were made on her.  After he came out of the door I heard the shot; I am sure the door was closed.
Joiner hollowed to me to come there quick, and I went to the house and saw the girl lying on the floor.  I do not know who put the gun there.  I just knew the girl when I saw her.  Joiner told me that when we got up there that she might be dead, that she told him that she was going to kill herself if he ever quit her."
The attorneys for the defense announced yesterday afternoon after the preliminary, that an application for bond would be made and a writ of habeas corpus sued out.
Musgrave left the court room with his parents Saturday afternoon.



The Daily Ardmoreite
Monday, September 16, 1907
pg. 5

AT THE JAIL
Bert Joiner was released after having made bond.



The Daily Ardmoreite
Wednesday, November 6, 1907
pg. 2

PURCELL COURT TERM
Number of Cases From This Section To Be Presented To Grand Jury
The U.S. Attorney's office in this city will endeavor, when the grand jury convenes at Purcell next Monday morning to get as many cases as possible from this section of the country disposed of or put in shape to be handled by the state courts when statehood is declared . . . Among the most important cases to be submitted at the last term of the court that will perhaps ever be conducted by the federal authorities in the Southern district is the case of the United States vs. Bert Joiner, charged with the killing of Miss Weir on the afternoon of Labor Day in this city . . .



The Daily Ardmoreite
Sunday, November 24, 1907
pg. 4

Bert Joiner, living at 1715 West Main Street, is on the streets again after a severe illness of several weeks.



The Daily Ardmoreite
Sunday, February 23, 1908
pg. 5

WILL BE TRIED HERE
Bert Joiner Gets Change of Venue From Purcell To Ardmore Court
The trial of the case of the state vs. Bert Joiner of this city, charged with the murder of a Miss Weir in this city on the afternoon of Labor Day, has been transferred on motion of the defendant's attorneys from the court at Purcell
to the district court of Carter County in Ardmore.
The grand jury at Purcell a day or so ago returned another true bill so as the case may be tried by a jury formed under the Oklahoma law and so as to circumvent the formation of a jury under the old Arkansas law.  Joiner was re-arrested under the new bill of indictment by officers from Purcell Friday afternoon, late, but instead of Joiner being taken to Purcell as was the intention of the officers to do, another deputy arrived in town with the papers signed by the judge granting the motion for the change of venue from Purcell to Ardmore.  When that was done, Joiner was turned over to Sheriff Akers and taken in custody and lodged in jail.
Saturday morning the attorneys for Joiner made an application for bond to District Judge Russell, which application was granted and the defendant released upon an appearance bond in the sum of . . signed by his brother and John Hoffman of this city.
The Joiner case  may be tried at this pre-term of the court.



The Daily Ardmoreite
Wednesday Evening, April 8, 1908
pg. 1

CRIMINAL CASES TRANSFERRED
Records in the following criminal cases have been transferred from the McClain County district court to the district of this county . . . Bert Joiner, murder.  The indictments were found by the federal grand jury during a term of court at Purcell just prior to statehood while the crimes are alleged to have been committed in this county.