February 4, 2020

Crab Orchard Town Marshal Kills Crab Orchard Police Judge, Lincoln, 1891


[August 21, 1891] -


THE MARSHAL KILLS THE POLICE JUDGE. -- Crab Orchard is the scene of another killing, and Judge A. M. Egbert is the victim. The circumstances as we gather them from Marshal W. T. Saunders, who shot the fatal shot, and others, are as follows: Nath Woodcock, Jim Gilkerson and others were taking a drink in Lee's saloon, when Nath asked Saunders to join them. While they were drinking Woodcock and Gilkerson got to quarreling, when Woodcock struck Gilkerson. Marshal Saunders interferred and telling Woodcock that he would have to arrest him unless the matter was amicably settled, Woodcock apologized and they were talking it over when Judge Egbert came running in and said he had been disturbed for an hour by the row, which he intended should be stopped right then, at the same time telling the men to consider themselves under arrest, to report at his office next morning. Saunder remarked, "If you are going to assume my duties, I'll go home." What's that you say?" said Egbert. Saunders repeated and added that this was not the first time the judge had usurped his authority. "You are a d--n liar," said the judge, and started towards Saunders, who told him not to follow him. Egbert continued to advance and Saunders drew his pistol and firing sent a ball into the judge's throat at the left, which ranged downward and out at the back. The second shot entered the shoulder.

One of the witnesses say that Judge Egbert did not approach the men in an excited way, but gently told them the noise must cease, that Saunders went out and Egbert following shortly afterwards he heard the shots and ran to find that the judge had been shot.

Judge Egbert was conveyed to his home, where he died in a few minutes. To some one he said he did not know why he was shot. An examination of his person showed that he had no weapon but a small pocket-knife. He was a very excitable and high-tempered man, but withal a clever and courteous one. He leaves a wife and one son, W. C. Egbert, of Bacon & Sons, Louisville, for whom much sympathy is felt.

Saunders made no attempt to get away, and quietly came to Stanford with Deputy Sheriff Dick Newland, who happened to be there. He is now here and his examining trial will likely be held to-day. A bad feeling had existed between the two men for some time, growing out of some business connected with their offices, but they and no one else doubtless had any idea that it would result in so fearful a tragedy.

Saunders had been in bad health for some time and had but recently recovered from a severe illness. This makes the second man he killed, the other when he was quite a young man. Since the first killing he has been quiet and peaceable and had repeatedly been honored with the office of marshal by his townsmen.

LATER. -- In the absence of Judge Varnon, Judge Carson continued the examining trial till next Tuesday and allowed Saunders to return to Crab Orchard under guard. [1]






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[August 21, 1891] -


Andrew Egbert, the Police Judge of Crab Orchard, was shot and killed Wednesday night by William Saunders, the town marshal. The two men became involved in a difficulty because of Egbert's interferring with the marshal in the discharge of his duty. The dead man leaves a family. Saunders is a brother of the late Walter Saunders. [2]




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[August 25, 1891] -


The remains of the late Judge Egbert, whose bloody and untimely taking off was graphically told in your last issue, were interred at the Old Cemetery, Friday, after a few brief consolatory words by the Rev. W. T. B. White. A large concourse, numbering perhaps every man, woman and child in this vicinity, followed the corpse to its last resting place. While he had faults -- and who of us has not? -- Judge Egbert was one of the best, noblest, most highly-esteemed citizens that Crab Orchard has ever boasted. He was as typically Southern as was his illustrious chieftain, Gen. John H. Morgan, under whom he served during the momentous period between '61 and '65. Aristocratic, yet courteous and sociable; generous and impulsive, yet not familiar; brave and heroic, yet kind and gentle, he made friends among all classes, who deeply lament his fate. The sympathy of the community to an extent that has never been shown here before, is felt for the wife and son in this their sorrowful hour. [3]




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[August 25, 1891] -


A BAD CASE. -- From all we could gather from witnesses and others at Crab Orchard, a much worse case will be made out to-day against Marshall Will Saunders for killing Judge A. M. Egbert than was at first supposed. In fact we were told that unless the plea of insanity was made and sustained, and no one ever thought of it before, the marshal will have a hard time getting out of a very bad scrape. That the killing was unnecessary to say the least, seems to be shown by the prisoner's own statement. As usual, however, in such cases the man who saw the dead man put his hand on his hip pocket, will be on hand to testify. There was a good deal of quiet indignation felt by the better class of citizens over the fact that Mr. Saunders was permitted to return home practically without a guard and under no bond, and Friday evening, Sheriff Menefee fearing trouble went up and brought him here, where he lies quite sick with the flux. Those who witnessed the terrible shock which the killing had on Mrs. Egbert say it was most heart-rending. Her screams could be heard half a mile, and they aroused the whole town. Poor woman! She has certainly had more than her share of sorrow. Her first husband was shot in the arm by Reuben Engleman before the war, in front of what is now the Opera House block here, from which he died a horrible death, lockjaw supervening. [4]




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[August 28, 1891] -


Owing to the continued illness of Marshal W. T. Saunders his examining trial for the killing of Police Judge A. M. Egbert, was continued till to-morrow, 29th, at 10 o'clock. Miller & Owsley will defend and R. C. Warren will assist J. B. Paxton in the prosecution. [5]





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[September 1, 1891] -


Gov. Buckner has been petitioned to appoint J. F. Holdam police judge here in place of A. M. Egbert deceased. Mr. Holdam has not yet received his commission, but will doubtless before S. B. Buckner & Co. surrender their baton of authority to John Young Brown and his pompous cavalcade. [6]






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[September 1, 1891] -


Owing to the absence of important witnesses on both sides, the examining trial of W. T. Saunders for the killing of Judge Egbert was continued till 9 a.m. to-day. Hon. F. F. Bobbitt was added to the counsel for the defense and W. B. Hansford will assist the prosecution. [7]





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[September 4, 1891] -


The examining trial of William Saunders for the killing of Judge Egbert at Crab Orchard took place Tuesday. The prosecution proved it a pretty bad case and held Saunders over till Circuit Court in $6,000 bond, which he failed to give. [8]





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[September 4, 1891] -


SAUNDERS HELD.

The Examining Court Does Not Think the Killing of Judge Egbert Justifiable.

And Holds the Prisoner in Heavy Bond.


The Testimony as Presented by Both Sides.


HELD IN $6000. -- Thirteen days after the killing of Judge Egbert, the examining trial of Marshal W. T. Saunders was at last had Tuesday, and resulted in his being held in $6,000 bail, Judge Varnon remarking that if he did not know the prisoner's financial condition he would have placed it at $10,000. Not being able at the time to present bondsmen, Saunders was lodged in jail. It is said that his friends will make the bond in a few days. We believe that if he had been sent to jail in the first place, instead of being permitted to go practically free, it would have been much better for him. There is nothing more exasperating to the friends of the slain man than to see the one who has done the bloody work, allowed his freedom, and nothing so quickly induces sympathy as his immediate incarceration and a show of at least of helplessness and sorrow for the act.

G. W. Lee was the first witness called for the Commonwealth. He is barkeeper for Curtis Gover, whose saloon occupies one side of the entrance to his livery stable at Crab Orchard. On the night of the killing Nath Woodcock, Jim Gilkerson, Mr. Fife, Tom Pettus and the prisoner were in the saloon. The two first named, who were drinking, quarreled and Woodcock slapped Gilkerson's face. Woodcock then went to the rear of the stable, followed by Saunders, who said something witness did not understand. They soon came back together and Saunders said Woodcock ought to apologize. Gilkerson refused to accept an apology and talked in a loud and angry tone. At this juncture Judge Egbert came in and said: "Gentlemen, this noise must be stopped. I have been disturbed by it for an hour. You can consider yourselves under arrest and report at 9 o'clock to-morrow." Saunders, who was standing near, remarked: "If you are going to run this business I'll go home." Egbert asked him what he said and he repeated, adding, "this is not the first time you have tried to interfere in my duties." Egbert responded: "You are a d--n liar," and Saunders replied, "If you come out I'll shoot you." All the parties were in the driveway of the stable. Saunders started out and Egbert following said, "Saunders, you are a d--n fool; you don't want to hurt me." Both men had turned up the street to the left, when Saunders fired two shots in quick succession, one entering Egbert's throat on the left and ranging down came out at his back, the other entered his left shoulder. The men were about three steps apart. Egbert had up his right hand gesticulating at the time he was shot, the left hung at his side. After he was shot he walked back in drive way and said "Send for doctor." He then began to gurgle and throw up blood. Starting home he faltered and said, "If I have any friends come to me now, he has killed me." Everybody had gotten out  of sight except witness, who went to him, when he said, "I don't see why he shot me, I did nothing." I helped to undress him and found no weapon on his person but a very small pen knife. Egbert was not excited when he came in. Did not hear Saunders tell the men he was marshal.


Tom Pettus: Was sitting on bench in drive way. Woodcock and Gilkerson were talking loud when Judge Egbert came in. Told them the noise had to be stopped and to consider themselves under arrest. Saunders said, If you are going to run this I'll quit, and added, this isn't the first time you have tried it. Egbert called him a d--n liar and Saunders said, if you will come out here I'll shoot you. Egbert said, you are a d--n fool and followed. Two shots were fired, but I didn't see them. Afterwards told Saunders he had shot Egbert and he said I don't care a dog gone if I have.


J. B. Gilkerson: Several of us were at Curtis's bar taking a drink when Nath Woodcock became excited and slapped my face. Some loud talking followed. Andy Egbert came in and said this must be stopped and I warn you to appear before me in the morning. Saunders said if you are going to run this thing I'll quit. Didn't hear what Egbert said, heard shots, but did not see them. Woodcock and myself took three drinks. I was not a competent judge of Woodcock's condition. Egbert spoke in loud tones when he told us to keep quiet. He was excited, but his manners were not offensive.


Walker Edmiston saw the shots fired, but heard no talk. He ran back in stable; saw several men hiding in stalls and got in one himself.


Dave Payne: Saw Egbert 15 minutes after he was shot. He had no weapons on his person. Helped to dress him. 

Dr. Pettus: Saw Egbert before he died. Fatal wound in neck. Saw no weapons on his person. Heard Egbert make no statement. Had heard Saunders complain of Egbert as trying to usurp his authority. Said Egbert had taken up two or three men and fined them and knocked him out of his fees. Said it in quiet manner, however. I have stated that I feared trouble between the two, as each had complained of the other in my presence. Egbert was an excitable man and very plain spoken when drinking. Don't know whether he was drinking at the time of killing. Saunders is a feeble man, nervous temperament, has suffered from enlarged liver and has bad indications of paralysis, also heart trouble. Egbert was active man and too much for Saunders.


Mrs. Egbert: Was home night of the shooting. Heard the noise at the stable. We could not sleep and the fuss continued for an hour before my husband went over to see what the trouble was. My husband was not drinking and had not been for some time.

J. R. Bailey: Never heard Saunders complain of Egbert, but did hear him say he (Egbert) had given writs to others to serve when they should have been given to him, which cut him out of the fees. Never knew that ill feeling existed. Egbert clerked for me 6 or 7 months. Have heard of his being quarrelsome when drinking. Never heard of his carrying a pistol. He did buy one from me when he clerked, which was several years ago, but when he quit he sold it back to me.

I. A. Stephenson: Heard Saunders say Egbert did not like him about three months ago. I am a distant relative of Egbert.

The prosecution here announced its close in chief and the defense introduced the prisoner, who stated: Have been marshal of Crab Orchard 10 or 12 years, Egbert police judge about two years. I was sick from February to June with something like paralysis, also suffered with heart, liver and spinal troubles. Weight when in health 175 to 180 pounds, now 143. After supper on the night of shooting I went down town and after going in several stores stopped at Gover's livery stable. Woodcock and Gilkerson with two or three others were there. I began to talk to Woodcock, who invited me and the crowd to drink. I took bitters. Woodcock spoke of Gilkerson being a friend. I then went out. Woodcock and Gilkerson followed. We talked about the war and G. laughed and told W. you were never in the war. Gilkerson made fun of Woodcock and he struck him. I told W. I was marshal and he musn't do that. I insisted on his begging Gilkerson's pardon. He did and Gilkerson accepted. About that time Egbert came in and going around me said, "What in the h--l is the matter? I have been kept awake for an hour. Consider yourselves under arrest and report at 9 o'clock to-morrow." I said, excuse me gentlemen. Egbert came to take charge. Egbert said, you are a d--n liar. I said, you have tried to take my duties before. He called me a God d--n liar and a God d--n fool. I started out and he followed me. It was dark, but I could see that he had his left hand up and the other on or in his hip pocket. I was not physically able to cope with him, so I shot. Afterwards I asked Gilkerson about Egbert and Tom Pettus answered that he was shot in the arm. I then went towards home. I had Woodcock in charge when Egbert came in.  Had seen Egbert that morning when I went to return some papers that he had asked for Monday. Went up stairs and found him with bottle in hand. He asked me to drink saying, you aren't used to such as this. I didn't drink as I was out of breath from walking up steps and feared it would strangle me. He asked me about some papers. I did not understand what to do with him and had asked chairman of trustees and he said hold them up. Egbert said, by God somebody's got to pay for them. When I shot him I believed he was going to assault me and I was not in physical condition to defend myself. Am unable to do anything that requires physical strength. I asked Egbert not to follow me and did not say I would shoot if he did. Have known Egbert for years and regarded him as a fearless, high tempered man, insulting when drinking. Knew that he carried weapons and considered him a dangerous man. He was generally so considered. Didn't know anybody was in bar-room when I went in, but Gilkerson and Woodcock began to talk rather loudly. As soon as Egbert came in I went out. Don't remember to have said I didn't like Egbert and he did not like me.

Curtis Gover: Was in C. O. [Crab Orchard] and saw part of the trouble. I live about 50 feet form the entrance of stable. Saw Egbert coming out front gate. He said, gentlemen, I have heard enough of this. Saunders said, by God if you are going to run this I will go home. Egbert said, you are a d--n fool. Saunders stepped several steps back and fired two shots. Before this Saunders said if you don't go away I will either shoot or hit you. Don't recall which. Couldn't see attitude of Egbert's hands. Saunders came out first and Egbert followed. Two shots fired close together. Saw Egbert when S. shot close together. Known Saunders four years and known Egbert several years. Think Egbert an irritable man, drank at times. Saw him under influence many times. More irritable when drinking. Heard he was the [?] man in C. O. I considered him a dangerous man. Don't know that he was drinking day of killing.

Nath Woodcock: Was in C. O. at Gover's stable. In social conversation Gilkerson gave me the like. I struck him. Saunders told me that he would have to arrest me. I told him about going to Lancaster to testify next day and to arrest would keep me away. I apologized to Gilkerson and we compromised. Egbert came over and said he wanted racket stopped. He told me to appear at his office. Saunders remarked, if you are going to runt his thing I'll leave. Egbert said, yes I'm going to run it and ain't afraid of you. Saunders went out and Egbert followed. I then went back in the stable office. In a few seconds the shots were fired. I was in the office with Lee, but could not see the shooting. I had Lee by the arm and remarked this is a terrible thing. I was drinking, but not drunk. That day I had drank blackberry cordial mostly. I did not see Walter Edmiston. Lee was in the room and I had hold of his arm. We were not talking unusually loud. Gilkerson said if I said I was in the war I was a d--n liar. Didn't think we were disturbing any one.


Dr. Carpenter: Knew Saunders; visited him last spring--in May. In bed and did not recognize me; I examined him, finally recognized me. Mind was wandering; thought he wasn't at home. He had brain trouble, enlarged liver, paralysis of nerves of side and heart trouble. Saw him again when he was better, but weak; frail man now, poverty of blood, prostration, heart disease. Judge Egbert was rather active and strong. Saunders was not able to cope with Egbert.

This closed the testimony for defense.

Lee was called in rebuttal. He said, Woodcock did not have hold of me. I was in the door. Egbert had right hand up, talking. Tom Pettus, recalled, said, Woodcock was in driveway when shooting took place and then ran back to stall 2.

The above is as fair and impartial a presentation of the testimony as is possible for us to give in long hand. We do not wish to prejudice the case in any particular, and only desire that justice alone shall be meted out to the prisoner. The public can judge for itself whether or not Saunders was justifiable in resorting to the fearful extremity of killing a fellow being.

Only two speeches were made, W. H. Miller, for the defense, and J. B. Paxton, for the prosecution, after which the case was submitted with the result as given above. [9]






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[September 15, 1891] -


Marshal Saunders has not given bail yet, but his friends claim that he will be able to do so in a day or two. [10]



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[September 22, 1891] -


It is said the friends of Marshal W. T. Saunders will make his $6,000 bond to-day and take him out of jail. [11]




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[September 29, 1891] -


The governor has appointed J. H. Stephens police judge at Crab Orchard, to fill the vacancy caused by the killing of Judge Egbert. [12]





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[October 13, 1891] -


The grand jury will doubtless add to the above the case of Marshal W. T. Saunders for killing Judge Egbert, but it is not probable that it will be tried this court. [13]




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[October 23, 1891] -

Marshal W. T. Saunders, who killed Judge Egbert, was indicted for murder and his trial set for next Tuesday, the 8th day. [14]



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[October 23, 1891] -


Wm. Saunders, ex-Marshal of Crab Orchard, who shot and killed City Judge A. M. Egbert, of the same place, was indicted for murder by the grand jury now in session at Stanford, and his trial set for next Tuesday. [15]





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[October 27, 1891] -


Will Saunders, whose trial for murder is set for to-day, gave notice that he would make application for a reduction of bail, so it is pretty certain the trial will not occur this court. [16]




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[October 30, 1891] -

Everybody in town is interested in some way in the Saunders and Egbert case and all are anxious to know what will be the fate of Saunders. [17]




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[October 30, 1891] -

CIRCUIT COURT. -- The grand jury adjourned Tuesday, after being in session seven days and returning 29  indictments. With the exception of Saunders for murder, Martin Brown, Henry and Joe Norton for burning a residence belonging to W. C. Lewis and two others for malicious wounding, the indictments were all for minor offenses, mostly for carrying concealed weapons. The jury cost the State $168, about $100 less than last term. Cicero Singleton, who shot Dutch Gooch, executed his reduced bail bond of $500 and was released. George Welch, for shooting Henry Ross, another negro, was acquitted, the jury believing that, notwithstanding Ross was, according to Dr. Estes, the worst shot man he ever saw to get well, he deserved what he got.

Contrary to predictions, the counsel for Marshal W. T. Saunders announced "ready" when his case for the murder of Judge A. M. Egbert was called Tuesday. The effort to secure a jury was at once begun and but two could be obtained out of the regular panel and by-standers. The sheriff was ordered to summon 40 men to appear Wednesday and these were mostly brought from the West End. Nearly all of them had formed an expressed an opinion and were excused. Another batch was brought in from Lillard's sale and other points and by the end of the second day nine men, to whom neither side made objection, had been secured. Twenty more were ordered summoned to appear yesterday morning. Saunders is apparently in a wretched physical condition. His eyes and face are a bright yellow from the jaundice, he is afflicted with boils and otherwise in bad shape. No one can look at him, and not feel a sympathy and his counsel were wise in trying the case now. He has nothing to lose, at any rate, since he was in jail unable to give the $6,000 bail fixed by the county judge. The Commonwealth is assisted by Messrs. R. C. Warren, J. B. Paxton and W. B. Hansford, while Saunders has entrusted his case to Miller & Owsley, Col. W. O. Bradley, Font F. Bobbitt and J. Mort Rothwell.

The remaining three were secured by 10 o'clock yesterday and the jury complete is as follows: Tilford Messer, J. P. McDougald, Henry Parker, Eugene Kelley, W. A. Coffey, Wm. Aiken, John Phillips, J. F. Walls, Wm. Burk, G. A. Peyton, T. W. Hutchinson, W. H. Vanhook.

The examination of witnesses began about 11 a.m. and the Commonwealth was expected to close in chief last evening. The testimony for the defense and the speaking will occupy all of to-day and a verdict is not looked for till tomorrow, if, peradventure, one will be found. Both the widow of the murdered man and the wife of his slayer, together with a number of other ladies, occupy seats within the bar and the building is kept pretty well filled with people. The testimony is about the same as adduced at the examining trial, which we published in full. [18]


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[November 3, 1891] -

The trial of W. T. Saunders for the murder of Judge Egbert, after occupying the court from Tuesday till 10:30 Saturday, was given to the jury at that hour, which wrestled with it till 5 that evening and reported that it could not agree. Judge Morrow, who make sit a rule to hold the jury in plain cases as long as possible, turned it over to the sheriff with orders for him to report with it at 9 o'clock yesterday.

The testimony as adduced, while not quite so strong as at the examining trial, was still of such a nature as to leave little room for doubt and it seems as if a verdict should have been easily arrived at. With three or four exceptions the members of the jury were not up to the average of Lincoln county juries and their brains were perhaps set in a whirl by the conflicting statements and arguments of the counsel. Speaking of the case a lawyer who sat through it all remarked that it had been badly managed and badly argued on the part of the Commonwealth, which failed to cope with the pugnacious Miller, the eloquent Bradley and the sky scraping Bobbitt.

Finding that there was no chance for the jury to agree, Judge Morrow discharged it yesterday evening. It is understood that six were for acquittal and 6 for manslaughter. Counsel will at once apply for bail, which under the circumstances the judge will probably lower from the former sum.

Judge Morrow says that it looks now like court will last till the last hour Saturday, when he will ahve to leave by the noon train to reach his Wayne appointment. [19]


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[November 6, 1891] -

The bail of W. T. Saunders has been reduced to $2,000, but he has not given it yet, though his friends claim he can easily do so. One of the jury who tried the case, tells us that on the first ballot six were for acquittal, one for the highest penalty for murder, three for 10 years, one for four and one for two years, but all of the six for conviction agreed to two years provided the six for acquittal would unite on that punishment. [20]




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[November 10, 1891] -

The circuit court after a full term of 18 judicial days, did not adjourn till 11 p.m. Saturday. Though there were no unusually important cases, save the Saunders case, and no convictions to the penitentiary and but one to the county jail, a great deal of work was done, especially in civil business. [21]



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[November 10, 1891] -

The bail of W. T. Saunders has been reduced to $2,000, but he has not given it yet, though his friends claim he can easily do so. One of the jury who tried the case, tells us that on the first ballot six were for acquittal, one for the highest penalty for murder, three for 10 years, one for four and one for two years, but all of the six for conviction agreed to two years provided the six for acquittal would unite on that punishment. [22]




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[November 13, 1891] -

Owing to the misplacing of the copy, the fact that W. T. Saunders gave the $2,000 bail was not stated in the last issue. Messrs. C. M. Jones, R. L. Salter and W. R. Dillion are his sureties. [23]




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[November 24, 1891] -

The G. A. R. met here Friday and erected tomb stones to the following: J. F. Carson, Geo. Dollins, Theodore Egbert and Lieut. Abner H. Hoairn. J. F. Carson belonged to the 3d Ky. Inf. Co. F., was a son of Judge J. E. Carson and was quite well known in this vicinity. Geo. Dollins was a son of James Dollins. Theodore Egbert was a son of Dr. Egbert and a brother to the late Judge A. M. Egbert. He belonged to the 19th Ky. Inf. Co. F. As a soldier, a braver [man] never faced the smoke of battle. His untimely death was lamented by all. Lieut. Abner F. Hoairn came to this place some time previous to the war from Lynchburg, Va. He was one of the kindest hearted men that ever lived, always first at the bedside of the sick and last at the grave. When our town was scourged with cholera in the year 1872 he stood bravely by the sick, which required more true courage than facing leaden ball. Long will he be remembered by the people of Crab Orchard. [24]



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[March 25, 1892] -

LINCOLN CIRCUIT COURT. -- A special from Stanford says: "Circuit Court begins here next Monday with forty-seven Commonwealth cases on the docket, two of which are for murder. The case of W. T. Saunders for the murder of Judge Egbert, of Crab Orchard, is set for the first day. Saunders has lived in Louisville since his release from jail, after the jury failed to agree. [25]




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[April 1, 1892] -

W. T. Saunders, for the murder of Judge Egbert, was fixed for the 9th day, next Wednesday. [26]



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[April 8, 1892] -

The second trial of W. T. Saunders for the murder of Judge Egbert was set for to-day, and the sheriff ordered to summon 100 men from the county to be examined for jurors. This seems to be a waste for time and labor, since it is almost certain that there is scarcely a dozen intelligent men in the county who have not made themselves incompetent to try the case. [27]





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[April 12, 1892] -

CIRCUIT COURT. -- Not being able to secure a jury in the Saunders case Friday, from the men summoned in this [Lincoln] county, Judge Morrow ordered the sheriff to have 60 from Garrard here by 9 a.m. Saturday.

Out of the 60 men summoned from Garrard, the rest of the jury to try W. T. Saunders, for the murder of Judge Egbert, was secured by 11 a.m. Saturday, and the trial began afternoon. The jurors are as follows: J. J. McKinney, Milford Hall, J. H. Wheeler, J. C. Peeples, Reuben Naylor, James Underwood, M. E. Eason, G. W. Myers, Nick Perkins, J. C. Bryant, George Lawson and B. F. Jennings. The first four are from this [Lincoln] county and the others from Garrard. The prosecution is assisted by R. C. Warren and W. B. Hansford, while Messrs. W. O. Bradley, Miller and Owsley. J. Mort Rothwell and F. F. Bobbitt represent the accused.

Mrs. A. M. Egbert, Mrs. W. M. Higgins and Mrs. W. T. Stephenson sit with the prosecution all the time. Mr. W. C. Egbert, son of the murdered man, is also present. Mrs. Saunders is not here but a number of other ladies sit on that side. Mr. Saunders is in a much better physical condition than before and his appearance does not create the sympathy that it did when he last stood trial for his life.

It took until 10:30 yesterday for the prosecution to finish in chief, when Mr. Saunders was put upon the stand and detained the occurrence about as he did before and which with the other testimony we published at the time.

The testimony was all in by 4:30 yesterday evening and the instructions given to the jury. Court was to hold at night and listen to the arguments. Eight speeches will be made and the case will not get to the jury before noon to-day.

Prosecuting Attorneys Wm. Herndon and J. B. Paxton say the case for the Commonwealth has been considerably strengthened this time, but the consensus of opinion expressed by the attorneys for the defense is that it is about the same case as made out before, possibly better for their client. [28]



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[April 15, 1892] -

CIRCUIT COURT. -- The case of W. T. Saunders for the murder of Judge Egbert, was not submitted to the jury till 2 p.m. Tuesday, after speeches, more or less able and convincing, had been made for the prosecution by W. B. Hansford, Paxton, Warren and Herndon, and for the defense by Bobbitt, J. Mort Rothwell, Bradley, Miller and John Sam Owsley, Jr. The speech of Mr. Hansford was not near so bitter as before. He confined himself to the record this time and while pretty severe was not unreasonably so. Mr. Rothwell evidently thought he would make about the same speech as at the September court and prepared himself to answer it, but he failed to fit in many instances. He ridiculed Hansford ad libitum and to some extent ad nauseam, without disconcerting the young man to a great degree or especially helping his cause. The court-room was filled for the most of time during the argument, quite a number of ladies adding their presence. 

After wrestling with the issue till noon yesterday, the jury finally reported that there was no chance for them to agree and Judge Morrow discharged them. It was then found that they stood six for 21 years, two for 15, one for 10, one for six, one for two and one for nothing. That one was Reuben Nailor, who distinguished himself the first day of the trial by getting drunk and while sitting in the jury-box, making a loon of himself. This makes an average of about 14 years, though the others would have come to a verdict for the lightest term, but Mr. Nailor would hear to nothing but acquittal. This is the second trial of this costly case, the jury standing before six for acquittal and six for manslaughter. 

A NICE JUROR. -- After five of the witnesses had testified old man Nailor, who hung the jury, remarked, when Judge Morrow told them not to talk about the case until it was finished, "I ain't heard anything to talk about yet." He was probably in too much of a stupor from the effects of his over supply of whisky to understand what was going on. A nice juror, to be sure. [29]


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[April 15, 1892] -

Mr. Sanders was granted bail again in the same sum, $2,000, and his former sureties signed the bond. Mr. B. G. Alford tells us that the jury fees in this case alone were $350. Judge Morrow discharged the standing juries Wednesday and will finally adjourn to-day in time to leave on the noon train for Somerset, where his next court convenes Monday. [ibid (29)]




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[April 19, 1892] -

The trustee of the jury fund, Mr. B. G. Alford, tells us that the cost of jurors at the late term of the circuit court was $870, and that it would not have greatly exceeded $500, but for sending to Garrard for the Saunders jury and the reconvening of the grand jury. [30]





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[May 24, 1892] -

ROW AT LANCASTER. -- Reuben Nailor, the drunken juror, who made an ass of himself while on the Saunders jury, which he hung and to which this paper referred to in moderate terms, attacked our business manager, Mr. E. C. Walton, at Lancaster yesterday. He was drunk, and Mr. Walton tried to avoid him, but he grew more insulting and when he rushed at him Mr. Walton promptly knocked him down. Nailor then got out a knife, but friends interferred and further trouble was averted. Marshal Hamilton, in arresting Mr. Walton, made use of some unbecoming words, but as he apologized afterwards, we will let him off on account of former friendship. Mr. Nailor is a relative of his wife. In this connection we wish it distinctly understood that the editor is alone responsible for what appears in this paper. He tries always to state facts and is willing to correct mistakes. Those aggrieved can usually find him at his office and the man who attacks his business manager for any utterance is both a fool and a coward, who will generally get the worst of it. [31]



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[October 14, 1892] -


IN SORRY BUSINESS.

Special to THE LEADER.

LOUISVILLE, Oct. 14. -- The police are looking for Curtis Egbert, a young man heretofore employed at J. Bacon & Sons. He slept at the store, and during the night attempted to blow the safe, but failed.

He was found missing when the store was opened this morning. He is the only son of the late Judge Egbert, who was killed at Crab Orchard last August by William Saunders. [32]




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[October 14, 1892] -


Commonwealth's Docket.

Below is the entire commonwealth's docket for the circuit court, which begins Monday. It is the shortest for 30 years. They are all for minor offenses except the case against W. T. Saunders for the murder of Judge Egbert. [33]



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[October 18, 1892] -

It is not likely the trial of Ex-Marshal W. T. Saunders, for the murder of Judge Egbert, will occur this court. Col. W. O. Bradley, one of his lawyers, is in New York, and the case having occupied much of the time of the last two courts, may have to give away this time. [34]



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[October 21, 1892] -

On account of the absence of Col. W. O. Bradley and the illness of Hon. W. H. Miller, the case of W. T. Saunders for the murder of Judge Egbert was continued for the defense. [35]




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[March 2, 1893] -

The case of W. T. Saunders for the killing of Judge Egbert is likely to be tried again this court, and as Commonwealth's Attorney John Sam Owsley Jr. is of counsel for the defense, the court will have to appoint a special prosecutor. -- Interior Journal. [36]




---

[March 3, 1893] -


The case of W. T. Saunders for the murder of Judge Egbert at Crab Orchard, was called Tuesday afternoon, and both sides announcing ready, an effort to get a jury began. Judge Saufley appointed P. M. McRoberts, Esq., Commonwealth's attorney pro tem, swing to the fact that Mr. J. S. Owsley, Jr., was of counsel for the defense. The petit jurors were examined and all the bystanders as to their qualifications for jurors in the case, and but little headway being made, the sheriff was ordered to summon 75 men from parts of the county remote from Crab Orchard. Out of these the jury was easily obtained and by noon the panel was completed, as follows: Wm. Burton, J. B. Myers, Milford Cox, W. R. Meeks, C. C. Snow, C. Brown, W. H. Dobbins, W. M. Smith, Sam M. Spoonamore, J. W. Bailey, B. G. Lane, and G. H. Hughes. The commonwealth rested in chief at 4 o'clock, when court adjourned till yesterday at 9 A. M., when Mr. Saunders was put upon the stand. His testimony was about the same as given in previous issues of this paper. In fact, there is no material difference in the case as presented this term over the two other trials of it, in which there were hung juries.

The interest in the case seems to have died entirely out, but few people being present to hear the testimony or the arguments. The defense concluded its proof at 11 yesterday and the speeches began. Each side was given 2 1/2 hours and speeches for the prosecution were made by Messrs. Hansford Warren and McRoberts and for the defense by Owsley, Miller and Bradley and at 5 o'clock the case was given to the jury.


After a half an hour's consideration the jury returned a verdict for two years in the penitentiary.

Judge Saufley is gratifying his friends and disappointing his enemies in the excellent manner in which he conducts his court. He is quick and ready to his decisions and his dispatch of business is remarkable. An order, which prohibits all persons but lawyers, litigants, jurors and officers from occupying the rostrum, prevents confusion and gives the courtroom an air of dignity not otherwise obtainable. [37]


---

[March 7, 1893] -

Sixteen men from the Waynesburg neighborhood who failed to respond to the summons to come here [Stanford] and be examined for jurors in the Saunders case were before the judge on rules yesterday when the following were fined $1 and costs, each: C. A. Fox, W. D. Dye, G. W. Leach, S. T. Blankenship, G. L. Murphy. These caught it for $10 and costs: C. C. Leach, D. W. Caldwell, W. H. Padgett, C. F. Shoffstall, C. F. Baker, J. B. Walls, M. D. Walls and W. C. Alford. G. W. Padgett was fined $5 and W. H. Clore, Ed Murphy and W. H. Padgett were excused. All sorts of reasons were given but none were accepted as excuses but sickness of the man or his family.

W. T. Saunders, who was given two years for the murder of Judge Egbert, decided not to apply for a new trial or take an appeal. An effort will be made to secure a pardon, and if it fail, he will serve his term, which is generally considered very light. [38]





--------------SOURCES--------------------



[1] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. August 21, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-08-21/ed-1/seq-3/

[2] Excerpt from "Our State." Kentucky Advocate, Danville, KY. August 21, 1891. Page 1. Newspapers.com. 

[3] Excerpt from "Crab Orchard."  Semi-Weekly Interior Journal, Stanford, KY. August 25, 1891. Page 1. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-08-25/ed-1/seq-1/

[4] Excerpt from Column 2.  Semi-Weekly Interior Journal, Stanford, KY. August 25, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-08-25/ed-1/seq-3/

[5] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. August 28, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-08-28/ed-1/seq-3/

[6] Excerpt from "Crab Orchard." Semi-Weekly Interior Journal, Stanford, KY. September 1, 1891. Page 1. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-09-01/ed-1/seq-1/

[7] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. September 1, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-09-01/ed-1/seq-3/

[8] Excerpt from "Our State." Kentucky Advocate, Danville, KY. September 4, 1891. Page 1. Newspapers.com.

[9] "Saunders Held." Semi-Weekly Interior Journal, Stanford, KY. September 4, 1891. Page 1. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-09-04/ed-1/seq-1/

[10] Excerpt from "Our Neighbors." The Kentucky Advocate, Danville, KY. September 15, 1891. Page 1. Newspapers.com.

[11] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. September 22, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-09-22/ed-1/seq-3/

[12] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. September 29, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-09-29/ed-1/seq-3/

[13] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. October 13, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-10-13/ed-1/seq-3/

[14] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. October 23, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-10-23/ed-1/seq-3/

[15] Excerpt from "Danville and Vicinity." Kentucky Advocate, Danville, KY. October 23, 1891. Page 3. Newspapers.com.

[16] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. October 27, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-10-27/ed-1/seq-3/

[17] Excerpt from "Crab Orchard." Semi-Weekly Interior Journal, Stanford, KY. October 30, 1891. Page 1. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-10-30/ed-1/seq-1/

[18] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. October 30, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-10-30/ed-1/seq-3/

[19] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. November 3, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-11-03/ed-1/seq-3/

[20] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. November 6, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-11-06/ed-1/seq-3/

[21] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. November 10, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-11-10/ed-1/seq-3/


[22] Excerpt from "Our Neighbors." Kentucky Advocate, Danville, KY. November 10, 1891. Page 1. Newspapers.com.

[23] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. November 13, 1891. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-11-13/ed-1/seq-5/

[24] Excerpt from "Crab Orchard." Semi-Weekly Interior Journal, Stanford, KY. November 24, 1891. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1891-11-24/ed-1/seq-3/

[25] Excerpt from "Danville and Vicinity." Kentucky Advocate, Danville, KY. March 25, 1892. Page 5. Newspapers.com.

[26] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. April 1, 1892. Page 7. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-04-01/ed-1/seq-7/

[27] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. April 8, 1892. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-04-08/ed-1/seq-5/

[28] Excerpts from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. April 12, 1892. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-04-12/ed-1/seq-3/

[29] Excerpt from "City and Vicinity." Semi-Weekly Interior Journal, Stanford, KY. April 15, 1892. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-04-15/ed-1/seq-5/

[30] Excerpt from Column 2. Semi-Weekly Interior Journal, Stanford, KY. April 19, 1892. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-04-19/ed-1/seq-3/

[31] Excerpt from Column 3. Semi-Weekly Interior Journal, Stanford, KY. May 24, 1892. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-05-24/ed-1/seq-3/

[32] "In Sorry Business." The Daily Leader, Lexington, KY. October 14, 1892. Page 1. Newspapers.com.

[33] Excerpt from "Commonwealth's Docket." Semi-Weekly Interior Journal, Stanford, KY. October 14, 1892. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-10-14/ed-1/seq-5/

[34] Excerpt from Column 2. Semi-Weekly Interior Journal, Stanford, KY. October 18, 1892. Page 3. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-10-18/ed-1/seq-3/

[35] Excerpt from Column 4. Semi-Weekly Interior Journal, Stanford, KY. October 21, 1892. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1892-10-21/ed-1/seq-5/

[36] Excerpt from "Current Topics." The Kentucky Advocate, Danville, KY. March 2, 1893. Newspapers.com.

[37] Excerpt from "Saunders Gets Two Years for the Murder of Egbert." Semi-Weekly Interior Journal, Stanford, KY. March 3, 1893. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1893-03-03/ed-1/seq-5/

[38] Excerpt from Column 3. Semi-Weekly Interior Journal, Stanford, KY. March 7, 1893. Page 5. LOC. https://chroniclingamerica.loc.gov/lccn/sn85052020/1893-03-07/ed-1/seq-5/ 

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