Press: Three Convicted of Murder

Oxford Eagle ,January 09, 1902

THREE WERE CONVICTED
Will Mathis and Orlando Lester to Hang, While Whit Owens Receives a Life Sentence.

The Case of Bill Jackson is now in Progress and Soon his Fate will be Known — The Taking of the Testimony will Begin this Morning — Whit Owens Arraigned for the Murder of Hugh Montgomery and will be Tried Friday for the Crime.

The trial of Will Mathis, charged with the murder of the two Montgomerys, began on Thursday morning. Mr. D.M. Kimbrough, assisted by J.H. Mize and Brough, two law students of the University of Mississippi, were appointed by the court to represent the defendant. The first witness placed on the stand was Deputy U.S. Marshal, Frank Matthews, who testified as to the Montgomerys being sent to arrest Mathis.

Mrs. Welch, a neighbor of Mathis testified to having heard the gun shots, and seeing the burning house.

Orlando Lester was next called, and gave the same version of the killing that he had given in his own trial, with the exception of his statements in regard to Whit Owens. He denied that Owens gave him shells loaded with buckshot, or that Owens sent any messages to Mathis in regard to the killing.

George Jackson was next called. He gave Mathis’ first statement in regard to the killing. He said that Mathis told him that he did the shooting himself; that it was planned that the negro should do the shooting but his nerve failed him and he, (Mathis) had to do it himself. He stated that Mathis shot Hugh Montgomery first, shooting him in the mouth, that he was obliged to shoot John A. Montgomery twice, once in the body and once in the head.

Dr. Rowland testified that the legs and arms of the two Montgomerys seemed to have been cut off.

Will Mathis next took the stand. He denied all previous statements made by himself, claiming there were made under promises of aid or threats of bodily harm. He said he had nothing to do with the killing of the officers, and that John A. Montgomery was one of his best friends, and that nothing hurt him worse than the killing of the officers in his home. He stated that Whit Owens, his father-in-law, and the negro did the burning, and that all he did was to take his own pistol and leave the house. He disclaimed all knowledge of the letter written to his wife, while in jail, telling her to aid him to escape. He became violently angry when shown the letters by the district attorney. HE said it was all a plot of Bill Jackson. He at first refused to give a sample of his writing, but at length consented to write his name.

Mrs. Mathis was next called to testify, and repeated in substance what she had stated at Lester’s trial. She denied the testimony given at the coroner’s inquest, saying she was then laboring under great excitement, and did not remember what confession she had made.

Jailor Ragland was next called and identified the letters written by Mathis to his wife and friends while in jail. The defense objected to the letters going before the jury, but the court ruled that the letters were competent testimony. After all testimony was given in U.S. District Attorney, M.A. Montgomery, opened the argument for the prosecution. He was followed by Messrs. Kim Brough, Mize and Brough, for the defense. The argument for the prosecution was closed by District Attorney Roane and the case given to the jury at 3:20, Friday afternoon. At 4 o’clock, the jury brought in the indictment. Will Mathis maintained a bold and defiant air during the trial, and indignantly asserted his innocence, but when the argument in the case began, his nerve never seemed to fail him, and at the end of the close of the case he was dejected and downcast. When the jury brought in the verdict of guilty, he broke down completely and had nothing to say. His wife was deeply affected and wept bitterly.

The speech of District Attorney Roane on this occasion, was one of the most eloquent ever delivered in the courtroom.

Great difficulty was experienced in getting a jury for the trial of Whit Owens. The special venire was exhausted, and also the regular panel. A jury was finally secured by noon Monday, and the trial began.

After the state had proved the physical facts in the case, the negro, Lester, was put on the stand. He testified that after the Montgomerys had supper, Mathis sent him to George Mask’s house for a gun, and told him to come back by Whit Owens’ and tell him to come to Mathis’ and bring his gun. He says he did this, and got the gun out of the rack at Mask’s and went to Owens’ and delivered the message. Mrs. Owens threatened to alarm the neighborhood if Owens went to Mathis’s house and Owens told him to tell Mathis to kill the men, and not to let them get away. He said Owens looked at the gun, examined the shells and said they were buckshot and all right. Lester returned to Mathis’ house, and after the officers had been put to bed in a shed room, Mathis came out in the yard and had a conference with Bill Jackson, who had come over for some whisky. Mathis filled two bottles of liquor for Jackson, and sent Lester into the room where the Montgomerys slept to get some corn cobs for stoppers. Lester says he got the cobs, and was turning to leave the room, when Mathis and Bill Jackson, came into the room, one with a shot gun and the other with a Winchester rifle, and Mathis said, "hands up", and when the officers began stirring in bed, both fired killing the two Montgomerys. Mathis, Mrs. Mathis and the negro went to Whit Owens’ house and told Owens what they had done, and Owens returned with Mathis and Lester to the house and they looked at the officers to see if they were dead. They brought a spade from Owens’ house to bury the bodies, but Mathis said he would fix them, and dragged the bodies in another room, robbed them, piled the bedding on them and set them on fire. On cross-examination, Lester admitted he had told several falsehoods about the matter.

Jailor Ragland testified that Owens confessed that he had hidden Hugh Montgomery’s watch under his (Owens) barn, and that with other officers he had gone to the place named and found the watch. Dave Montgomery, brother of Hugh Montgomery, identified the watch found by Ragland, as the one worn by his brother, when he left home.

George Mask testified that he was not at home the night of the killing, but Lester got his gun, which was loaded with No. 8, buckshot. Mathis refused to testify against his father-in-law, Owens, but admitted that Lester delivered Owens message to him about killing the officers.

Neither Owens or his family testified in the case. The argument was opened by Mr. Sivley for the state, who was followed by Captain Roane who closed the argument for the prosecution. The case was given to the jury at 5:35. At 11:30 yesterday morning the jury stood 11 to 1 for the hanging, but finally returned the verdict of guilty; fixing the punishment at life imprisonment.

The Bill Jackson case was called at the opening of court yesterday and the entire day was consumed in securing a jury. The case will go to trial this morning.