 Dallas Morning News
Was appellant deprived of a fair and impartial trial by the
presence of the mob? To this it may be
replied that he should have applied for a change of venue. Appellant's answer to this is that certain of
the people of Grayson county had organized and agreed among themselves that if
a change of venue was granted to defendant in this cause they would hang him
before he left the courthouse; that the judge had full knowledge of all the
acts and doings of the mob and while it was surging around the jail one of the
defendant's attorneys, appointed by the court, applied in person to the court
and asked him of his own motion to change the venue, as the defendant could in
no event obtain a fair trial in Grayson county; that the court refused Were these facts true?
The appellant swears they were.
He also swears that the judge who tried the case knew them all Appellant was not present when the verdict was reached and
returned into court. But the state
replies that he waived this right. He
did, but under what circumstances was this so-called waiver made? "While the jury was out considering of
their verdict the honorable district judge who tried the case advised
defendant's counsel to have defendant waive his right to be present at the
reading of the verdict," "as under the circumstances it was best to
have him safely in jail." "The
county attorney then wrote out a waiver which defendant's attorney brought to
the jail and defendant signed it."
Neither the honorable judge nor the county attorney denies these things
nor is there any explanation of this matter.
Why was it best to have defendant safely in jail? What were the circumstances which rendered it
best to have him safely in jail? The
answer But it is contended that the mob, when the verdict was
returned, had dispersed, that in fact there was no danger to appellant. The honorable judge did not so view the
situation or he would not have requested the waiver. The sheriff did But it may be contended that the appellant, notwithstanding,
all these facts, had a fair trial (see Craiger, Andrews and Dickerman's
affidavits); that the jury was composed of the very best men and, so far as
Dickerman knows, passed upon Must appellant under such a state of facts go with his
evidence into the jury room and show that the jury was influenced Appellant has not had a fair and impartial trial; he has not
had a legal trial. But it may be urged
that he is guilty beyond all question and therefore the judgment should be
affirmed. Not so. "The accused must
be tried and convicted legally, and though he be a Negro he must be tried in
precisely the same manner as if he were a white man, and we cannot strain the
"If courts could feel themselves at liberty to depart from principle or established rules in order to hasten the punishment of even great offenders such departures might result in the destruction of those safeguards who in accordance with the genius of all free governments have been provided for the life and liberty of men." Calvin, a slave vs. the state, 25 Tex. 789.
Dallas Morning News Following are some exceedingly interesting extracts from the
opinion of the court of criminal appeals in the celebrated Appellant's answer to this is that certain of the people of Grayson County had organized and agreed among themselves that if a change of venue was granted to defendant in this cause they would hang him before he left the courthouse; that the judge had full knowledge of all the acts and doings of the mob, and while it was surging around the jail one of the defendant's attorneys appointed by the court, applied in person to the court and asked him of his own motion to change the venue, as the defendant could in no event obtain a fair trial in Grayson county; that the court refused to do so for the reason "that it would at once precipitate an attack upon the jail, which he desired to avoid." When the application for a new trial was presented to the judge, containing these matters, he knew they were true or he knew they were false; he, however, makes no denial or explanation whatever; we must therefore presume them to be true. Appellant was not present when the verdict was reached and returned to the court. But the state replies that he waived this right. He did, but under what circumstances was this so-called waiver made? "While the jury was out considering their verdict the honorable district judge who tried the case advised defendant's counsel to have defendant waive his right to be present at the reading of the verdict," "as under the circumstances it was best to have him safely in jail." "The county attorney then wrote out a waiver which defendant's attorney brought to the jail and defendant signed it." The spirit if not the presence of that same howling,
threatening, tumultuous, blood-thirsty mob had overawed justice, dominated the
court and thus deprived the appellant of the right to be present in court when
the issue of his life or death Appellant had a right to a fair and impartial trial, which
was denied him by a mob. He had a right
to be present in court. It No one denies that the mob was present; that its members agreed among themselves that if a change of venue or a continuance was had, or if appellant was acquitted, or was not hanged by the verdict of the jury, they would at once hang him; nor is it denied that the judge requested the waiver because he thought under the circumstances it would be best to have appellant safely in jail. Some questions cannot be out of order right here. What punishment has been meted out to parties composing "that same howling, tumultuous, threatening, blood-thirsty mob" for overawing justice, dominating the court and depriving the prisoner of his constitutional right? How many of the clamorous and ferocious would-be lynchers have been fined for contempt of court? How many of them have been indicted? Is the conspiracy to hang Sam Massey still in existence? Where were the sheriff and his posse comitatus while the mob was surging around the jail? Where was Gov. Hogg? What did the governor mean when he declared, "by gatlins," that the mob must go? Why is it that nobody has been punished for conspiracy and mob violence by the civil authorities? Is it because the mob is necessarily stronger than our so-called arm of the law? Is it because politics has made the courts practically powerless? Is it because our theoretical system of upholding law and maintaining order and administering justice is a weak and miserable failure in practice? If so, why not make a change by which justice may be made more prompt and certain and mob violence as a substitute for legal justice be left without either real occasion or apparent provocation and without either excuse or opportunity? At present, as the pendulum swings between mob and magistrate, law and justice seem to be shut up hand in hand as groping and groveling captives in a hopeless circle of quasi anarchy and bloody instruction. And how shall law and justice be restored from such captivity to their proper estate of commanding dignity and supremely, necessary efficiency as twin guardians of social peace and stable civilization? No graver or more urgent problem than this confronts the American people and challenges the earnest and practical attention of their ablest statesmen. This death-ticking pendulation between magisterial impotency and ferocious mobocracy must be abated in season, or it will surely at length strike the hour of final and fatal catastrophe. Of course there must be something terribly amiss in organic and moral conditions where to such a degree the primary functions of government for the protection of the persons,. . .
The Fort Worth Gazette SAM MASSEY, BRUTE, NEGRO RAVISHER AND MURDERER, WILL HANG Sherman, Tex., March 7 - (Special) - A Gazette reporter called at the jail in Bonham yesterday and had an interview with Sam Massey, the negro who assaulted and outraged the Smith woman near this city several months ago. Massey is the man that the mob came so near lynching the day he was brought out for trial here. The city was crowded with country people, who came to town with the avowed purpose of lynching Massey, but the guard was so strong and determined that the mod made no attempt to get the prisoner until late in the afternoon, when their ranks had been reinforced by several hundred farmers who had heard of the trouble and hurried into the city. Sheriff McAfee seeing the mob was getting dangerous, told them he would show them through the jail that they might see that Massey was not in the jail. The leaders of the mob went through the jail but could not find the prisoner, and the crowd dispersed, thinking Massey had been taken away. Yesterday
Massey told the reporter that he was in the jail at the time the mob
went through it. Massey in telling about it said: In
answer to the question as to how long he stayed in the cupola Massey
said: "I stayed in the cupola all night, and about In speaking of the crime Massey said he was innocent, but that he did not expect to come clear, as a strong case had been made out against him. Sherman, Tex. March 7 - (Special) - Mrs. Mattie Smith, the white woman who was struck on the head and outraged by the negro, Sam Massey, who is now in jail at Bonham died this morning in Collin county. Ever since the assault on her she has been sinking and her death was undoubtedly caused by the assault. Her death makes the hanging of Massey certain.  The Democrat Mrs. Mattie Smith died at the home of Mr. Odell east of McKinney last Monday. Mrs. Smith was the victim of a brutal assault from Sam Massey, a negro, in Grayson county a few months ago. It is thought that she never recovered from the injuries.
The Sunday Gazetteer
The Fort Worth Daily Gazette DID HIS BEST TO KILL SAM MASSEY, NEGRO RAPIST Bonham, Tex., March 17, (special) - The jury in the Sam Massey case was obtained and sworn in late yesterday evening. This is a case where defendant is being tried for rape. He also has two other charges against him for assault with intent to murder, sent to this county on change of venue from Grayson county. This morning just after court had been called, J. W. Smith, husband of the lady who Massey killed, was called to the witness stand, and just as he passed the defendant, Smith made a stroke at Massey's throat with a knife. Massey dodged and had his left cheek split open As quick as possible Smith made another cut at him and this time Massey caught it in the face again. By this time the sheriff had Smith and prevented his doing further harm. Judge McClellan immediately ordered sheriff and deputies to close the doors of the courtroom and allowed no stranger to enter. The judge took this as a precautionary measure, thinking, perhaps, a mob might be on hand and request him to adjourn court. The Democrat Massey and Burk to Hang Bonham, March 27 - Sam Massey and Jim Burk, the two negroes convicted of criminal assault on women, one from Grayson county and the other from Lamar, were brought into court to receive sentence here Saturday. They will be hung On April 28. The Abilene Reporter A motion for a new trial has been filed in the cases of Sam Massey and Jim Burk.
The Galveston Daily News THREE IN TEXAS LAVACA DISPOSES OF ONE HISTORIES OF THEIR BRUTAL ACTS Bonham,
Texas, April 28 - By 8:30 o'clock last night in the city full of
people who were here for the purpose of witnessing The city presented the scene of the night before the advent of a big circus, only there were more people here. Boys were blowing whistles, music could be heard at various places and all seemed forgetful of the fact that on the morrow two human beings would be sent across the dark waters to the great unknown. Passing down the street last evening the News reporter met Bose Wilson, who unwillingly tried the gallows on which the execution took place to-day. Bose has two pretty long bruises on the side of his face and neck, which were caused by the rope cutting the skin in the impromptu fall through the trap of the gallows. He was not inclined to talk about the matter. Later in the evening the reporter visited the jail and held an interview with Sam Massey about his and Jim Burke's fight yesterday morning. He was told that it was strange that they would act that way as they were to be executed on the morrow. MASSEY DID THE TALKING "This," said Massey, "made me so mad that I demanded an explanation and Burke threw the bucket and tin pan at me and then the fun commence. I seized Burke by the throat, choking him down to the floor. The warden rushed in and separated us." Last night there were more Winchesters and shotguns in the city than were ever seen here at any one time. There seemed to be an impression among the crowd that in some way or other THE EXECUTION WOULD BE STAYED. The first rays of the rising sun peeping through the bars of the cell in the Fannin county jail this morning fell upon two doomed men. Long before this Sam Massey had arisen and was moping about the cell humming to himself a snatch of an old time camp meeting hymn and then, as his spirits rose, he broke forth into the words in full tune and every one awake in the jail listened. They had heard him sing in the past, but it never sounded like that before. Coming as it did from the shadows of impending doom suggested that it was only imagination that lent to it. A WEIRD UNCANNY TONE. When breakfast was brought them Massey greeted the warden with a cheerful "Good morning," accepted the food and began to eat heartily; but Burke never never changed his position, nor did he touch his food, a palatable breakfast. He had not eaten exceeding a few mouthful of food the past two or three days. Massey was not adverse to talking, and when a News reporter called at the cell this morning, in speaking of the case he reiterated what appeared in the morning's News. Turning to Burke, the reporter asked him what he had to say, but he did not seem to care to talk further than to say that what they accused him of was correct and true. "Does the crime weigh on your mind, and how do you feel about the fate which awaits you?" asked the reporter. THEN HE BEGAN MUMBLING It was plain if reason had not already tottered under the strain of terror and apprehension it was fast losing its sway. Consciousness of guilt and fear of death had crazed Jim Burke. The reporter arose to go. Sam Massey held out his hand to tell him good-bye and said: "I am not afraid to die. Whiskey has put me here. It will put many another man in the same place. Good-by." The reporter turned to Jim Burke who sat on his pallet mumbling again. He did not speak again to the reporter. Several ministers, both white and colored, visited the condemned cell this morning. Massey entered into the prayers and scripture reading with an earnestness, while Burke was caroless and indifferent, however, maintaining a respectful silence during the services. Members of the press and visiting officers were admitted upon application and every courtesy was shown them by Sheriff Chaney, Warden Hoskins and their assistants. The prisoners acted in a remarkably patient manner, considering the fact that the cell was being constantly visited and the hum of the thousands gathered in the street in front of the prison could be plainly heard. IN THE CONDEMNED CELL Shortly after the noon hour, Miller Doss, a colored barber, came to the prison. Massey was brought into the office, his hands securely tied behind him, and as he took the chair he laughingly remarked to his barber; "I don't want you to cut me." Doss asked Sam if he wanted his mustache cut off, and suggested that a dead man always, to his idea LOOKED BAD WITHOUT A MUSTACHE After he was shaved, Massey was taken into an adjoining room and prepared his toilet for the execution. He was furnished with a neat black suit, white shirt and black tie, good underclothing, with a new pair of low-quartered shoes and a soft black hat. When fully attired he presented quite a change in appearance and gazed down at himself with evident pride. remarking, "I tell you, I am a dude negro," and in the connection he remarked that he had sent his girl in "Elm Flats," Sherman, his picture. After he was finished dressing, Rev. Babers, a local colored Baptist minister had a long talk with him in which he urged upon him the necessity of TELLING THE TRUTH When brought to dress, the same sort of apparel having been furnished him, Burke grinned and in a dozen ways showed his utter lack of realization of the situation. He rambled off into a confession, alleging the he had heard of the deeds of the James boys, and that made him want to be like them He said he had wanted to be like Sam Massey, and he committed the crime for which he was convicted. As the death warrants were being read to the prisoners the News reporter left for THE SCENE OF THE EXECUTION, The scaffold was quite high and in such a position that all could plainly see the proceedings. It required twelve steps in the stairway leading up to it. The ropes with their terribly suggestive nooses, were wrapped over the stanch crossbeam. Seats were provided on the sides. An inclosure perhaps fifty feet square, had been set apart by the sheriff for visiting and officiating officers, ministers and reporters, the convenience of the latter being carefully looked after. On two sides of this inclosure was a strong bois d'arc picket fence, while the other sides were protected by barbed wire, but despite this it required quite a force of OFFICERS TO HOLD THEM BACK, At 2 p.m. Sheriff Chaney and deputies left with their prisoners and with them came thousands more. The afternoon trains from Sherman and Paris had just arrived with many people from Grayson and Lamar counties, who had missed the morning trains, which came in loaded to the very guards. The
sheriff's party arrived at the ground at 2:25 p.m. and began the ascent
to the scaffold, Sam Massey walking up without assistance and with a
cool look on his face, Burke's knees shook beneath him and he was
literally lifted upon the steps. Sheriff Chaney with three deputies and
ex-sheriff McAfee of Grayson county. WHEN ON THE SCAFFOLD At 2:30 Sheriff Chaney stepped forward and waving his hand commanded silence, and it was accorded him. County Attorney John C. Meade stepped out in full view of the immense assemblage and asked them to be quiet; that two men were about to pay the penalty for their crimes with their lives. He said both Massey and Burke confessed their guilt, which he announced in VINDICATION OF THE VERDICTS Rev. Babers next spoke and hold up the fate of Massey and Burke as a warning to all. He said he was glad that the prisoners had made a full confession of their guilt and thus set their own minds and the minds of the people of Fannin, Grayson and Lamar counties at rest. He asked all to join in the old hymn, "When I can read my title clear to mansions in the sky." When the grand old tune, started by Massey and his two colored spiritual advisors, rang out, it spread out until hundreds of voices caught it up. Massey stood between the two preachers, entering into the exercises with as little trepidation as he would at a camp meeting, but Burke sat and grinned and blinked AND SMOKED A CIGARETTE. Rev. Mr. Hollingsworth then delivered up a prayer, in which he begged parents, white and black, to warn their sons against whiskey and contextualizes. He prayed that the fate of Sam Massey and Jim Burke might prove a lesson to all. He thanked God that both men had confessed, and that there was no doubt of the justice of the punishment, and invoked divine blessing upon the sheriff, who was simply doing his duty as a good and faithful officer of the law. It was an eloquent invocation. Massey then stepped forward and made a confession of his crime, stating that this was the day he had set apart for it, that he himself might tell it and the world might know it as coming from him. "I ask you all to take warning from my fate," and as he reached up and grasped either rope he continued, "or these will some day be your end, as one will be mine in a very few minutes. WHISKEY AND WINE With a few more remarks in the same strain and complimentary to Sheriff Chaney, delivered without a quiver of the voice, Massey desisted and stepped back. A minute or two were consumed in endeavoring to get Burke to make a statement, but he sat with the same meaningless smile on his face gazing right into the sun. He was a strange, uncanny object, that made one shiver. The Rev. Babers announced that Burke wished him to say that he was guilty and ready to die for his crime. Massey stepped up and as the officers were positioning his arms spoke to friends below and gave them messages to take to Sherman. Burke hung back and HAD TO BE HALF LIFTED When the black caps were adjusted Massey said, "Good-by, all," and Burke, in a shaking voice said, "Good by Massey; good by, good people." As the last word of the benediction was spoken the tray was sprung and the figures shot down. Not a muscle in Massey's body moved. His neck had been broken, but Burke drew and twisted his legs and convulsively opened and shut his fingers until the nails dug down into the palm of his hands. He died much harder than Massey. The drop was between six and seven foot, but Burke was a very spare built man and he lacked the weight of Massey. Life was declared extinct by County Physician Kennedy and Drs. Dabury and Snort in seventeen minutes, when the bodies were let down, placed in their coffins, brought out with them from the jail, and the remains taken to the potters field for burial. HISTORY OF MASSEY'S CRIME The old gentleman went at once to the house. He found Mrs. Smith lying near the blood-besmeared and spattered bed. There were gashes on her hand and her fingers were mashed and broken, while at her throat were plainly visible finger prints, as if she had been choked. Her clothing was torn and dis-arranged and there were evidences of further and more bestial violence. Her husband, Wm. Smith, was prostrated not many feet away, covered with blood from ugly cuts in the head. There were blood and signs of a struggle everywhere in the room, the only one uninjured being an infant. The poor little boys - Crit, aged 9, and Fleecy, aged 7 - stunned and bewildered, only answered, "Sam" when asked about the terrible affair. The news spread like wild fire in the city and the officers came out. The information they got was from the little boys and was meager, but Sheriff McAfee pursued his clew vigilantly, and in a short time had learned that on February 23 William Smith had hauled some cotton to Denison for Jordan Sumner, a colored farmer who lived about a half mile east of him. In the party who went to Denison were Smith, Sumner, Sam Massey and George Everheart, colored. It was learned that they had not returned home until late and that all the party were drinking more or less, and that Smith, in particular, was so fail that Sam Massey stated to the others that he would go home with him and see that he got his team up. At a late hour, probably 1 or 2 o'clock in the morning, Sam Massey returned to Jordan Sumner's and lay down in front of the stove, rolling and tossing all night. He had given as an excuse when he first came in for being out late that he lost his way in the woods and had been wandering about. Next morning blood was noticed on his clothing and he made an evasive answer when asked about it, but shortly afterward was seen at the spring branch near by washing something. Massey was in the field at work when he was arrested by the sheriff. He protested his innocence volininently, and said he had left the Smith residence just as soon as he had carried him home. He was brought to the city and placed the Houston street prison. His shanty in east Sherman was searched and the blood-stained coat and cap (hearing evidence of an attempt to wash them) found. Physicians more thoroughly examined the wounds of Mrs. Smith and made the announcement that in addition to the great bodily injury indicated, Mrs. Smith had been in hit probability when insensible, criminally assaulted. The terrific blows which ultimately resulted in the death of Mrs. Smith, and in making Mr. Smith permanently deaf, as well as leaving lasting scars on the little boys' browe, were inflicted with a heavy hackberry stick, which was thrown in the stove with the lamp no doubt with a view of burning up the house and all signs of the terrible crime. The already intensifying feeling now grew to a fever heat, and the result was a mob of several hundred went to the jail and demanded that Massey be turned over to them, but Sheriff McAfee succeeded in getting him to Dallas, where he remained until a short time before the day of his trial. A delay of a few hours made the people mad again and they made a demonstration in front of the prison which was heavily guarded by an armed posse under the sheriff, and resulted in military being added the day following. The next day under a heavy escort he was taken into the courtroom and tried and given the death penalty. Just after the jury had retired the court ordered Sam Massey taken back to jail. It had made (illegible) . . . that if the jury did not set the penalty at death the people would lynch him . . . He was induced to waive the right to appear in the courtroom and hear the penalty read for fear it would not be death, and a conflict between the officers and the assemblage precipitous. A motion for a new trial was overruled and it became circulated that the defendant would not appeal his crime. Along about the close of the term he gave notice of appeal through his attorneys, he having been previously moved to the Dallas jail. His case was transferred to Bonham upon a change of venue granted by Judge T. J. Brown. The net work of testimony about him was complete. Mrs. Smith had died in the mean-time but her testimony,as given in the trial at Sherman, in which she identified Massey as her assailant, was reproduced by those who heard her testify The two little boys also identified him. The penalty was again punishment by death. On March 25, 1893, Sam Massey was arraigned before the court to receive his sentence. On being asked if he had anything to say why sentence of death should not be pronounced upon him (illegible) . . . declared his innocence. He said that lies had been sworn against him, that he was a Christian child of God, a joint heir of the Savior in heaven and God in heaven knew he was innocent. The court replied that he had had a fair and impartial trial by a jury of his own selection; they had found him guilty after which the judge pronounced sentence of death on Massey, setting the day of execution on April 28, 1893 between the hours of 11 a.m. and sundown. Massey was 32 years of age, a native of Georgia, but has lived in Texas nearly all his life. He was copper colored and perhapses 5 feet 8 inches in height. He had lived in Texas for the past twenty years, with the exception of a very short time in the indian territory.
Fannin county was organized in 1818 and there had not been a legal execution in the county until to-day.
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