Wichita Daily News
January 28, 1908

DENISON MAN KILLED

Ira John Shot in Ardmore - Dan Painter Charged With the Killing

Ardmore OK., Jan. 28 - Ira John, aged 24 years, of Denison, Texas, was shot and instantly killed here early this morning. 
Dan Painter, proprietor of a rooming house, formerly of Sherman, Texas, has been arrested charged with the killing.


The Daily Ardmoreite
Ardmore, Oklahoma
January 28, 1908 Tuesday

KILLING ON "DEATH ROW"
Ira Johns Shot by Daniel Painter.

DEATH  WAS INSTANTANEOUS
Slayer in County Jail, But Refuses to Make Statement - Story by an Eye Witness to the Tragedy.

Ira Johns, a young man who had been employed at the livery barn of T. C. Holland on South Washington street, lies a corpse in the undertaking establishment of Brown & Bridgman, shot in the region of the heart, about two inches above the left nipple and to the left. Daniel H. Painter, a man about 50 to 55 years of age, former proprietor of the Caddo rooming house, a hosteity, located on Caddo street, better known as "Death Row," is in jail with the charge of murder lodged against him, charged with the shooting. The affair happened last night between 11:30 and 12 o'clock.
The house where the shooting occurred is a well known resort in this city, and has been the scene of several fights, but since the new management had charge of the house during the past month or so no difficulties had been reported to have occurred in the place.
The first party seen this morning by the reporter was one of the women in the house. She knew nothing of the particulars, saying, "I was in my room with a friend with the door barred. I heard some talking, the heard the shot. I got my friend, a respectable young man, out of the house. It was sufficient that I am disgraced and did not feel like disgracing him."
The reporter in company with Sheriff Akers and Deputy Sheriff West then found the one wanted, who knew all about the affair, in a room with a young man and another woman. The two women were in bed. Both got up and dressed, and the woman wanted to come into the room where young Johns was shot. The room presented the appearance of turmoil and dirt, and beneath the dresser could be seen a number of empty flasks. From the general appearance of the room it looked as if a broom or dusting brush were strangers in that locality. Just in front of the dresser was a pool of blood, where Ira Johns, the deceased, fell and lay until the flame of life went out.
Maude Clements, one of the women in the house, and better known to the underworld as "Country," had the following statement to make"
"My  name is Maude Clements. My home is in Paris, Texas, but I was raised in Bonham, Texas, where my husband now
lives. I have been in Ardmore for the past two years off and on. My stay here this time dates from January 3. We were in
the room, four of us, Louise Harrison, Jim Block (or Brock), Ernest Keys and myself. The room adjoins the room where the difficulty took place and is where Ira Johns expired. Louise and myself were sitting on the bed. Ernest Keys and Jim Block (or Brock) were seated in chairs. We were sitting talking when we heard some parties come in. I did not know who they were at that time. I heard some rowing over a dog in the hallway. I heard Uncle Dan (the man in jail) say, "Get that dog down stairs and go with him." I heard the other voice say, "We are waiting for Ira." I heard Dan say, "It don't make no difference, get down stairs with that dog." I heard the other voice say something which I couldn't understand. Uncle Dan the came into this room and got his pistol and went out with it in his right hand, hanging down by his right side.
"The boy in the hall said, "You have got your gun and you have got to use it." Uncle Dan replied, "I can use it". Uncle Dan
the went to the telephone and pulled down the receiver once or twice. During this time, I heard the boy say, "You must use that gun or I will take if off of you and make you eat it." this latter conversation took place in the office room adjoining this room. While this talking was going on, we, Louise Harrison and myself, were endeavoring to quiet Ernest Keys who wanted to go into the next room. Finally Ernest went into the next room where the fuss was going on. I heard Ernest say, "Have respect for the gray headed man." I heard more confusion and then a scrimmage. I then stepped to the room door. When I got to the room door Uncle Dan and Ira had hold of a chair endeavoring to pull it toward the stove. and it looked to me as if
Ira was endeavoring to get around the stove to get to Uncle Dan to get the gun. Uncle Dan turned the chair loose and pulled his pistol in front of him and fired. I heard Ira Johns yell three times. He reeled through the door, fell against the dresser, turned and then fell to the floor. He was not assisted at any time by any one as I could see. I started to go to his assistance
to hold up his head, but was prevented from doing so by Miss Louise,, and Block (or Brock).:
Murman Leach, who had the great Dane dog with him and was in company with Ira Johns when he was killed, also made a statement this morning as to the killing. Murman lives in this city at 502 Carter street, southeast Ardmore. This is the statement made by Leach: "We, Bob McGee, Ira Johns and myself, were all drinking in the early part of the night and were feeling quite mellow. During the early part of the evening Ira 'phoned a woman, whom I afterwards learned was Louise Harrison, that he was coming up there to see her. She eventually answered, "all right." The three of us and the dog went upstairs to the Caddo rooming house. When we got up there, we found another boy, who formerly worked for Jonas Fooshee, in bed. When Ira saw the woman, Louise Harrison, whom they wanted to see, Ira said to the woman, "I want to see you/" The woman replied, "I am hungry and want something to eat." Ira replied, "Phone down and get it. I've got the money to pay for it." This conversation occurred where I could hear it. I was in the hall with the dog. Just at this time old man Dan walked out in the hall and said. "Get out of here, you and your dog." I immediately opened the door and put the dog outside.
I then turned back for Ira to get him to leave with me. Ira would not go, but said, "I am a fighting poor boy and want to see
you put me out of here and downstairs." Ira, the old  man and I then went into the office from the hall. Uncle Dan was behind the stove. Ira then said, "I have a friend up here and we came up here to spend our money. We have not mistreated you at all, whatever. I was standing at this time back of Ira near the door. Ira remarked "You've gone after your gun, shoot. If you pull that gun I will whip you." About this time Ira ran up and slapped the old man in the face when the old man fired. I was
just behind Ira when he fell, and I laid him down on the floor with my arms around his neck."
It was learned today that Night Sergeant Garrett did receive a telephone call from the Caddo rooming house wanting to know if an officer was present at the police headquarters. The message further stated that there would be need of one in a short time.
Within a very few minutes after the shooting Chief of Police Garrett and Policeman John Harris appeared on the scene and searched for Dan Painter. Later they found the man wanted in the alley way of the Odd Fellows hall on north Washington street. Dan Painter was arrested and taken over to Deputy Sheriff West and lodged in jail.
The prisoner came to Ardmore about three or four months ago from Sherman, Texas and rented the Caddo rooming house. Prior to coming to Texas and this state he lived in Birmingham, Ala. R. F. Turner has been retained to defend the prisoner who refused to make a statement when seen in jail this morning.
The dead man has a wife living in this city, but were estranged, the couple having separated a short time ago. The father of Ira Johns who was killed is a carpenter and lives in Denison, Texas, and will arrive here tonight to look after the burial of his son.
The coroner's inquest was held this morning, as well as an investigation by the county attorney.
The weapon used by Dan B. Painter was the latest model thirty-eight Colt's Army revolver.
The women who had been occupying the rooming house, were making preparations to leave this morning. Two of them were packing their trunks, the third had probably left and the woman known as "Country" is being held by the authoritiesin duress as a witness to the case.


The Daily Ardmoreite
Ardmore Oklahoma
March 2, 1908 Monday
pg 7

COUNTY COURT DOCKET
Criminal Cases Set For Trial This Term of County Court
March 16th. Dan Painter, keeping house of ill fame.


The Daily Ardmoreite
Ardmore, Oklahoma
March 4, 1908 Wednesday
pg 5

On account of the unavoidable absence from the city of the defendant's attorney, R. F. Turner, the trial of the Dan Painter case for murder will be called Thursday, tomorrow.


The Daily Ardmoreite
Ardmore, Oklahoma
March 6, 1908 Friday

DAN PAINTER CASE
In District Court For Murder Of Ira John

SELF DEFENSE THE PLEA
Of The Defendant - Jury in Case Selected - Defendant's Attorney Absent From City - Testimony in Progress

M. Heard - collector
J. R. Brannum - carpenter
G. W. Hanks - farmer
J. I. Varnelle - farmer
S. E. Preddy - fruit dealer
E. N. Massey - farmer
A. L. Cruce - contractor
Taylor Jones - farmer
W. F. Whitehurst - grocer
W. P. Canavan - farmer
J. J. Stencil - farmer
J. R. Hunt - farmer

The above are the twelve men selected to pass upon the innocence or guilt of the defendant in the case of Dan Painter, better known as "Uncle Dan," charged with the murder of Ira Johns, in the Caddo rooming house on the night of January 27.
The case was the first case called this morning by Judge Russell, who asked both the state  and the defense if they were ready for trial. The state announced ready, but R. F. Turner, the attorney for the defendant, had not returned and the defendant requested the court to be given time until his attorney could arrive. Judge Russell announced that in as much as the attorney knew that the case was to be called yesterday and has not returned that the court would appoint two attorneys to represent him in place of attorney for the defendant. The defendant insisted that further time be granted. The request was refused. The court then appointed J. H. Champion and H. H. Brown to look after the interest of the defendant. The attorneys and the prisoner held a short conference and the defendant's new attorneys announced ready for trial. The selection of a
jury was the next. The regular panel which consisted of A. A. Watson, W. H. Holden, W. T. Canavan,  A. L. Cruse,  Ira L. Arnold, G. L. McDow, W. F. Whitehurst, Ed    Wimberly, J. L. Varnell, S. W. Skipworth, J. J. Stencil, and John Hunt. The jury was duly sworn  as per the requirements and put  on their voirdire. One of the number challenged for cause, and after the empaneled jury and a few of the extra talesmen were examined an additional number were drawn with the final acceptance of the jury as announced above. The jury is composed mostly of men above middle age and men of family, with perhaps
J. R. Barnum, a native of the same state from whence the defendant came who is thirty five years of age. The average of the jury will in all probability reach 45 years or  more.
The state's side of the case is in the hands of the county attorney's force, including that official. The defendant has with him Charlie Kain, who sits by his side. Neither the wife of the deceased, Ira Johns, or any member of his family are in attendance upon the court.
When the noon hour arrived the jury was charged and the witnesses put under the rule. All of the witnesses for the state answered with the exception of Murman Leach, who left town shortly after the killing happened and could not be found to appear before the grand jury. Leach is one of the eye witnesses to the case and was in company with Johns on the night
of the difficulty.
The defendant's counsel with one exception will use the same witnesses that the state will use and will in all probability endeavor to make out the case of self defense with those witnesses.
The facts of the killing were given completely in the Ardmoreite on the evening of January 28.
The defendant, Dan Painter, seems to be a  man of about 60 years of age, with light gray hair and a gray mustache, and is a native of Alabama, but came to Ardmore from Denison, Texas, about a month prior to the killing and bought out the then owner of the Caddo rooming house, and was running the same.
On the night of January 27 about  midnight the deceased, Ira Johns, who was employed as stable man in one of the local livery barns, in company with a friend, went up to the rooming house. The deceased, Ira Johns, and his companion were drinking when the fuss ensued which resulted in the killing.
It was learned that R. F. Turner, the attorney for the defendant , will arrive this afternoon and assume the management of the case.
The taking of the testimony in the case was postponed until the afternoon, when the leading counsel for the defendant will arrive. The judge cautioned the jury in the case and placed them in the hands of the bailiff.


The Daily Ardmoreite
Ardmore, Oklahoma
March 8, 1908
pg 5

DAN PAINTER IS GUILTY
SUCH WAS THE VERDICT OF THE JURY LAST NIGHT

MANSLAUGHTER FIRST DEGREE

For the Murder of Ira Johns in the Caddo Rooming House - His Attorneys Gave Notice of Motion for New Trial

The jury in the case of the state vs. Dan Painter charged with the murder of Ira Johns in the Caddo rooming house on the night of January 28 of this year, returned into the court room after deliberating for a period of about forty-five minutes, with
a verdict of guilty of manslaughter in the first degree.
Under the statutes of the state of Oklahoma the minimum punishment is four years, and the maximum punishment life imprisonment in the discretion of the judge.
The case was ably argued by both sides and the entire afternoon was taken up with hearing the arguments  and the judge's charge.
The attorneys for the defense gave notice of a motion for a new trial which will in all probability be argued Monday morning in open court.
The defendant was but little affected by the verdict or if he was his countenance did not show it in the least.
The facts in the case in brief are as follows:
On the night of January 28 of this year Ira Johns, a young man in the employ of a livery barn in this city, together with a companion, one Murman Leach, visited the Caddo rooming house for the purpose of seeing a woman occupant of the house. The two boys were drinking and had with them a big dog. The proprietor of the house, the defendant in this case, Dan Pointer, a man about 55 years of age, was out when they first arrived, but when he came in and while the deceased was in the room talking to the woman, requested the man waiting in the hallway to get out of the house and take the dog with him. The party who was requested to get out and take the dog out replied that he was waiting for Ira Johns, the deceased. By this time Ira Johns came out and the prisoner demanded that the two men and the dog leave the building. A cursing scrape ensued. The party then left the hallway and came into the office of the house where the deceased cursed the defendant and a fight ensued.
While out in the hall the old man, Dan Painter, returned to his room and secured a pistol and then went into the office. In the office the deceased and the defendant renewed the fuse, the deceased cursing and abusing the old man. The witnesses for the state testified that the deceased told the defendant that he would make him use the gun or eat it. The result of the fight
in the office was the death of Ira Johns.
During the time the jury was out on the above case a decree of divorce was granted Maude Harrison vs. A. Harrison. Both parties to the suit were negroes.


The Daily Ardmoreite
Ardmore, Oklahoma
March 12, 1908 Thursday
pg 5

PAINTER GETS SEVEN YEARS

FOR KILLING IRA JOHNS - MAY APPEAL THE CASE - SAME FOR VAN MASON

Dan Painter, the slayer of Ira Johns in the Caddo rooming house on the night of Jan. 27, was sentenced late yesterday afternoon by Judge Russell to serve in the penitentiary in Lansing, Kansas, for a period of seven years, the motion for a
new trial having been over ruled by Judge Russell.
Judge Russell, in passing sentence on the prisoner, who is a man 55 years of age, delivered quite a lengthy lecture on the question of lawlessness and the actions of the prisoner on the night of the killing in his too ready use of the pistol. The judge said in part: "I believe that your too great readiness to resort to the pistol has brought  about this murder on your part as it brings it about on all of them. The pistol is the first thought with those who do the killing - I will kill, I will shoot. Now, this boy's life that you took was just as dear to him as yours is to you. And I believe that it was just as easy for you to have avoided this killing as it is for you to avoid falling down from where you stand there by the exercise of your will and your duties.
"But notwithstanding all this, Dan Painter, I shrink from a discharge of the duty when the law puts upon me - I am doing my best to have the legislature let the jury issue the punishment. I don't want to have to do that, yet as I have it to do, there is not a bit of putty in my backbone - I am going to do my duty. Sympathy for you, sympathy for the dead does not enter into my consideration at all. And it is my duty to assess your punishment in such a way as not to make a mockery of the law or the court the laughing stock of the country.
Whether punishment should be inflicted in such a way as to say killings is not the question - because that will never be done - but we can stop just as many of the killers as we can and courts must teach the people that they must resort to the old fashioned way when moved to anger and resentment and not to be in such eagerness and haste to reach for the ever-ready pistol."


The Daily Ardmoreite
Ardmore, Oklahoma
March 22, 1908 Sunday
pg 7

OFF TO THE PEN.
Dan Painter, manslaughter