The Trial of Robert Ogle Haviland
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The Cynthiana (Ky.) Democrat, Thursday, Feb. 4, 1926, Page 1, Cols. 4-6:
“BLACK JOE” ARNOLD SHOT
BY ROBERT HAVILAND
——————–
DIES AT HARRISON MEMORIAL HOSPITAL YESTER-
DAY AFTERNOON. SHOOTING OCCURRED AT
CLARENCE LeBUS & SONS’ LOOSE LEAF HOUSE
YESTERDAY MORNING.
———-
Yesterday morning about nine o’clock “Black Joe” Arnold, tobacco buyer, was shot by Robt. O. Haviland, agent for the Burley Tobacco Growers’ Association, on the floor of Clarence LeBus & Sons’ loose leaf warehouse at Church and Bridge street. The bullet from a .32 calibre revolver entered the right side, penetrated the intestines and kidneys and emerged from the back. Mr. Arnold was rushed to the Harrison Memorial Hospital wher ehe was attended by Dr. C.L. Swinford. Dr. Paul, Cincinnati specialist, was summoned, and arrived in the afternoon. An operation was performed. Mr. Arnold died at about 3:30 o’clock.
“Damned Liar” Passed
According to witnesses examined under oath by attorneys shortly after the shooting Mr. Haviland and Mr. Arnold had some words about dumping tobacco and Arnold called Haviland a “damned liar.” The shooting followed. Mr. Haviland claims, The Democrat is informed, that he acted purely in self-defense and was justified in the shooting. No formal statement up to the time of going to press had been made by Mr. Haviland or his attorneys, Messrs. Daniel Durbin and Hanson Peterson.
Haviland Surrenders
Immediately after the shooting Mr. Haviland went to the court house and surrendered to Sheriff McKee, turning over his pistol. He made no statement other than that he had shot Joe Arnold. He was taken at once before Judge W.R. Curle and his bond was fixed at $10,000 for appearance for examining trial next Monday. He went from there to the Burley warehouse and later to his home.
Haviland Re-Arrested
After the death of Mr. Arnold yesterday afternoon Mr. Haviland was rearrested on a charge of wil[l]ful murder and he was turned over to the Sheriff. The charge is not bailable. The examining trial is set for tomorrow morning at 10 o’clock.
Arnold Tobacco Buyer
Joe Arnold was about sixty years old and for many years had been engaged in tobacco growing and selling, buying from farmers and selling over the loose leaf floors. He was well known over the entire county. He is survived by his wife and a daughter, Ruth Bramble Arnold, 15 years old, and a son, Hall Arnold, manager of the Kentucky Utilities Co., at Madisonville, Ky. He is survived also by four brothers and two sisters, Robert, John, Smith and Sam Arnold, all of the Sunrise neighborhood[,] this county, Mrs. George Jolley, of Robinson, and Mrs. Neppie Price, of Sunrise. No arrangements for the funeral had been made when this report closed last night.
Haviland Young Farmer
Robert O. Haviland is a young man in his thirties, a son of Mr. and Mrs. Chas. B. Haviland, of Detroit, Mich., formerly of this county. He is a grandson of the late Squire W. S. Haviland and lives with his wife and children at the Haviland homestead on the Falmouth pike a few miles north of Cynthiana. He is a farmer, fruit grower, tobacco grower and has lately been engaged by the Burley Association to “watch its interested on the loose leaf market against “dumpers” among the Association members. He has always borne the best of reputations, a young man of excellent standing, industry and enterprise.
Witness Under Oath
Shortly after the shooting several witnesses of the affair were examined under oath in Mr. Lebus’ private office at the warehouse by Attorney Wade H. Lail and County Attorney M.G. Land. Mr. land went to the warehouse immediately after the shooting to secure the names of witnesses, and joined in the examination which was being conducted. Mrs. Jas. Dills took stenographic report.
From this The Democrat makes the following condensed report:
Rev. R.H. Jones
Rev. R.H. Jones testified that he was about ten feet from Haviland and Arnold, on the southeast side of the warehonse [sic; read warehouse]. He said he heard Haviland remark that Arnold had gone to more than one man’s tobacco warehouse or barn and advised or suggested that he dump his tobacco. Arnold called him a “damned liar.” Haviland said nothing, drew his pistol from a holster on his left side and fired before anyone could think or catch his hand. Arnold in an excited way advanced towards him but made no demonstration. Haviland still held the gun but did not attempt to fire again. Arnold turned and walked away. Haviland walked by the witness, put his gun into the holster or pocket and walked out of the warehouse.
When the firing occurred the men in that part of the house, six or eight, were standing in a circle. Arnold was standing by a basket of tobacco, Haviland directly in front of him. Arnold was not reclining on a basket of tobacco, perfectly still when shot. The men were five or six feet apart.
Uriah Price
Urias Price testified he was near the men but paid no attention to their talk. Saw no demonstration before the shot was fired. After the shot he took hold of Arnold, seeing he was wounded, and helped him down on a pile of tobacco.
Clarence Tolle was about 15 feet behind Arnold, who had his hands in his coats pockets, leaning against a basket of tobacco. Saw Haviland draw the pistol and fire. Looked like [.]32 caliber gun. Haviland turned and walked away without a word.
Addison Thompson heard the shot and saw Haviland walk away. Knew nothing else. Estill Traylor heard Arnold say, “You’re a damned liar,” and the shot, immediately after. Just after the shot Arnold reached after Haviland.
J.S. Jones
J.S. Jones testified substantially as the others but said Arnold was sitting on the tobacco. After the shot Arnold grabbed at Haviland. The gun was an automatic [.]32.
Herbert Langford and others testified to practically the same as above.
A.L. Jennings
A.L. Jennings said he was sitting on a basket of tobacco next to Arnold when Haviland came up. Several in the crowd, all talking, and something was said about how much tobacco would be sold over the loose leaf floor this season. Haviland said it looked like there would be quite a bit of it, as “the women were growing more tobacco than anybody else.” Some one remarked “Well, they are growing good tobacco, anyway.” Then Haviland said something to Arnold which witness could not hear. Arnold then said, “If you say I said that you are a damned liar.’[‘] Arnold made no demonstration at all and just about the time he finished the sentence, Haviland shot him.
The Cynthiana (Ky.) Democrat, Thursday, Feb. 11, 1926, Page 1, Cols. 4-6 (Cont’d on p. 12, cols. 2-3):
Robert O. Haviland Is
Released on Bail of $20,000
———-
Examining Trial Before Judge W.R. Curle
Yesterday. Summary of Testimony.
Defense Offers None.
———-
BOND SIGNED BY FIFTEEN FRIENDS.
———-
At three o’clock yesterday afternoon, after an examining trial lasting from 10 o’clock that morning, Judge W.R. Curle granted Robt. O. Haviland bail in the sum of $20,000, on the charge of shooting and killing Jos. W. Arnold. The shooting occurred at the LeBus loose leaf warehouse in this city Wednesday morning, Feb. 3, and Arnold died at the Harrison Memorial Hospital that afternoon, as told in The Democrat last week. Mr. Haviland gave himself up immediately after the shooting, was released on $10,000 bond, then arrested again after Arnold’s death.
Mr. Haviland was released on bond yesterday afternoon signed by himself and 15 friends: Harcourt Switzer, W.E. Hayes, Daniel Durbin, Dixie McKinley, Newton Kearns, E.B. Midden, Fred McCarthy, Joe K. Lake, Geo. Midden, R.S. Haviland, Lovell Jett, Otwell Humphrey, Dr. H.F. Midden, Harold Poindexter, L.M. Midden.
The summary of the testimony below was taken by Mr. Sherman Porter for The Democrat.
The examining trial of Robt. O. Haviland, charged with shooting and killing Joe W. Arnold on Wednesday, Feb. 3, as detailed in this paper last week, was continued from last Friday to yesterday morning on account of inability of Col. John R. Allen, of Lexington, of counsel for the defense, to be here Friday. Later Col. Allen was obliged to withdraw from the case on account of illness in his family. Stephen D. Blakely, of Covington, was engaged to take the place of Mr. Allen. Other counsel for the defense are Hanson Peterson and Daniel Durbin, of Cynthiana.
Counsel for the Commonwealth are Commonwealth’s Attorney T.E. King, County Attorney M.G. land, Wade H. Lail, of this city, and Wallace Muir, of Lexington.
All were present when the case was called in Judge W.R. Curle’s court at 10 o’clock yesterday morning. The circuit court room was crowded to the limit. Every available space was occupied, women and men standing in the aisles and many around the walls and at the doors. Scores were unable to force their way into the courtroom.
A.L. Jennings Testifies
The first witness for the State was A.L. Jennings, who gave practically the same testimony as that published in this paper last week immediately following the shooting. He testified that he and Arnold were on a basket of tobacco, about three feet high, about 50 feet from the scales toward Church street, on the LeBus warehouse floor. Had been with Arnold about thirty minutes. Jennings was partly reclining on the tobacco. Arnold was sitting. Crowd of men coming and going, some standing around the parties discussing various things. Arnold was joking with Uriah Price about Price’s team shortly before Robert Haviland came up. Haviland and Arnold were talking about how much tobacco would be sold on the loose leaf floor; something was said about women growing tobacco and Arnold remarked they handled it well.
The talk seemed to be pleasant enough. Jennings turned for a moment to look about the warehouse, when he faced Arnold and Haviland again noticed expression of anger on latter’s face. Heard Arnold say, “If you say that you are a damned liar.” The shooting followed. Jennings said Arnold had partly risen from the basket of tobacco, but was not standing straight.. Had his hands down by his side Saw nothing in his hand. Arnold did not advance before the shooting. After the shot he swayed, stood straight up, circled to the right with both hands to chest, tearing at his clothing. Pulled his clothes open, walked down five or six rows of tobacco and sat down on a basket at end of row. When witness asked him if he were hurt and wanted a doctor, said nothing, but groaned. After shooting saw Haviland with gun in his hands. Did not see the gun before the shot was fired. The men were about four feet apart when the shooting occurred. The witness was questioned by Judge King.
On cross examination by Mr. Peterson Jennings named several men who he remembered were present, said there were 45 to 50 people on the floor, said Arnold did not take a step toward Haviland before the shooting. Described how they were sitting or nearly standing as on direct examination.
Dr. C.L. Swinford
Dr. Charles L. Swinford was questioned by Mr. Muir. He said he was called to the hospital to see Arnold, who was suffering from shock. He had a bullet wound below the heart and he illustrated on the body of Mr. Muir the point at which the bullet entered. He said it left the body at a point about 3 1-2 inches below the point on the opposite side of the body. He said death was caused by hemorrhage due to the gunshot wound which passed through his body. He said he helped undress Arnold but saw no weapon at any time. On cross examination by Mr. Peterson, Dr. Swinford said Dr. McDowell was called in but was not there when Arnold was undressed. He said several other persons were present at the time besides the nurses.
Clarence Tolle
Clarence Tolle was the next witness. He said he was employed by Clarence LeBus part of the time at the loose leaf warehouse and part as a truck driver. He said he was 12 to 15 feet away from the basket when the shooting took place. Arnold was there before Haviland joined the crowd. He said Arnold was reclining on the basket of tobacco with both hands in his overcoat pockets, the thumbs out. He said he heard no conversation and that he was paying no attention to what was said. He said he happened to look up as Haviland fired and that Haviland stood for a second or two before he turned and walked out of the warehouse. He said Arnold did not change his position on the basket until after the shot was fired, when he “grabbed at Haviland,” but got up and walked over to the other basket. He said Arnold had no weapon or stick in his hand so far as he could see.
On cross examination Tolle said he had been employed for eight or nine years for Mr. LeBus.
Urias Price
Urias Price, first cousin of Joe Arnold, told of being in the warehouse when the shooting took place. He was close to Arnold when the shooting occurred. He said Arnold and the witness’ son were talking and laughing when the witness came up. He did not see Haviland until a few minutes before the gun was fired. Arnold was leaning on the basket of tobacco, which was about three feet high above the floor. The witness said he heard some loud talking but did not pay any attention to it till he heard the shot. He said he did not know who was engaged in the loud talking because it was not unusual in the warehouse. Arnold was almost standing straight when he noticed him. He said Arnold called him by name when he was shot. He did not see any demonstration toward Haviland on the part of Arnold. Duke Smith took Arnold to the hospital and the doctor was asked to go there to attend him. He said that he and Duke Smith had undressed Arnold, with the assistance of others. The witness said he had himself searched Arnold’s pockets. He found $44 in money and a check for $75, [and] an ordinary pocket knife which was rusty. It was a small four[-]bladed knife and was closed when found. No other weapon was found on the victim
The witness said there had been no opportunity for anyone to have concealed the fact that Arnold was armed if a weapon had been found on him. He said Arnold made no statement in regard to the shooting on the way to the hospital. He said he took Arnold’s clothing home to his wife.
Duke Smith
Duke Smith said he had known Haviland for seven or eight years and was on friendly terms with him. He reached the warehouse five minutes after the shooting. Arnold was sitting on a pile of tobacco, surrounded by a crowd. He said he and U.F. Price took Arnold to the hospital. He said Arnold said: “I’m suffering right smart,” but declined assistance in entering the hospital. Arnold staggered, however, on mounting the steps and the witness helped him into the hospital and at Arnold’s direction took the contents of his pockets out and laid them on the window sill. He corroborated Price’s evidence in this respect. No pistol or weapon was found in Arnold’s pockets, he said. He said the money and things were taken by him and Price to the Arnold home. He was not cross-examined and his testimony was followed by adjournment for lunch.
Rev. R.H. Jones
Rev. Robert Henry Jones, of the Indian Creek and Connersville Christian churches, was the first witness of the afternoon. He said he had no feeling against either Haviland or Arnold but had been on friendly terms with both.
The witness said he was at the warehouse to deliver his mother’s tobacco. He said he talked with Arnold about the condition of the tobacco market. He was ten feet away from Haviland and Arnold when the shooting occurred. He said Arnold was leaning against the basket of tobacco, with his hands at his side. He said those in the group about the basket were talking about tobacco and that some one made a remark to the effect that “a lot of women were raising tobacco.” He said Haviland then accused Arnold of inducing growers to dump their tobacco and that Arnold then said Haviland was “a d–d liar,” or perhaps an even stronger expression, and that the shot was fired almost immediately after. He said he went to Arnold after he had walked over to the other basket of tobacco and sat down and that all Arnold said was “That settles it,” or some such remark.
Cross examined he said he did not recall the names of any of those about the basket where the shooting took place except Arnold and Haviland. He said Arnold was standing erect when the shot was fired, “as nearly erect as I ever saw him stand,” but that he made no demonstration toward Haviland. He said Clarence LeBus came in after the shooting.
J.S. Jones
J.S. Jones, of Fayette county, said he was at the LeBus warehouse on the day of the shooting. He knew Arnold and Haviland only by sight, he said. He was eighteen feet away from the scene of the shooting. He said he paid no attention to the talk until the heard “the d–d lie passed,” when he turned and saw Haviland fire. He said Arnold “sort of grabbed with his hands toward Haviland after the shooting.” He said Arnold was unarmed.
Cross examined he said he lived on Clarence LeBus’ farm and had lived on LeBus’ place for several years. He said that at the time of the shooting Arnold was standing in a crouched position by the basket.
Defense Offers No Testimony
This closed the case for the Commonwealth and Mr. Blakely stated that the defense would introduce no witnesses but would like to discuss with the court the question of bond for the defendant. He said the law of Kentucky was settled in regard [Page 12, column 2] to the matter and that the court must grant bond unless the evidence offered was such as to make it probably that the penalty would be death or life imprisonment and that the most that could be gotten out of the evidence offered was killing in sudden heat and passion with the probability of a verdict of manslaughter at the most. He said he thought it proper, too, for the court to take into consideration other facts not in the evidence, that Haviland would be in court when called for trial. He said his home was here, his property and his friends here, and that there was no doubt of his being present when called for trial.
Muir Argues
Opposing the motion for bail, Mr. Muir read the constitutional provision that bail must be allowed in cases except those in which the proof is evident and the presumption of guilt. He said he contended that while bail was a matter in the discretion of the judge, he believed that bail in this case would be an abuse of that discretion. He said that in his opinion, the killing was a cold-blooded murder. He did not think that in Harrison county human life was so cheap that one might kill his fellow man for the simple offense of calling him a liar. He said the only thing that would have justified Haviland in killing Joe Arnold was that his own life was in danger from Arnold and there was not a scintilla of evidence to show that Haviland’s life was in danger. He declared that the element of premeditation was present and that it could be found in the twinkling of an eye.
Mr. Muir recalled the conversation between Haviland and Arnold and declared that Arnold was shot while still down on the basket of tobacco, as shown, he said, by the fact that the bullet left Arnold’s body at a point three or four inches below the point on his body at which it entered. He read from Ruling Case Law to uphold his position in opposition to bail. He said that in all cases of this kind the burden is on the defendant to show that he is entitled to bail. He said the proof submitted was that an unarmed man had been shot down and that if ever there was a case in which bail should be denied a defendant this was such a case.
Blakely Replies
Mr. Blakely said that it was not a question of whether a jury would convict the defendant but that the court, in the exercise of a sound judgment and discretion, must have evidence of malice and premeditation in cases in which the charge is capital. He cited a Texas case in point that bail must be granted in any case in which the evidence is not conclusive or the presumption of guilt. He said that if the law were otherwise the court could grant no bail in any case in which capital punishment was at all possible.
Mr. Blakely quoted 202 Ky., Page 831. He said not motive was shown in this case and conviction was reversed, the court of appeals ruling that the lower court, on the return of the case to its jurisdiction, would grant bail to the defendant. He cited another Kentucky case in point to show that even on a charge of murder, the defendant was entitled to bail.
Mr. Blakely said that in order to pass on the question of bail the court must come to come conclusion as to the probably outcome of the case, and that if the court should conclude the outcome likely to be other than capital, he ought to grant the bail.
Mr. Muir Rejoins.
Mr. Muir said he did not mean to say that because the charge is murder the defendant ought not to have bail, but if the defendant were committed no bail could be granted unless the defendant proved himself entitled to it on a haring of motion for bail in circuit court.
Judge Curle sustained the motion for bail and fixed the bond at $20,000.
The Cynthiana (Ky.) Democrat, Thursday, Feb. 11, 1926, Page 2, Col. 1 (Sunrise):
The funeral of Mr. Joseph W. Arnold was held at Sunrise Methodist church Saturday, February 6. Services were conducted by Rev. J.E. moss, assisted by Rev. G.W. Ellers and Rev. Gilbert. Burial in Sunrise cemetery. The pall bearers were Clarence LeBus, Jr., Frazer LeBus, Duke Smith, S.P. Owen, Jr., Clarence Ewing[,] and R.C. Pepper. The Honorary pall bearers were, Clarence LeBus, Sr., Dr. W.B. Moore, Dr. C.L. Swinford[,] and Martin Nagle.
In memory of our dear beloved Uncle Joseph W. Arnold, who departed February 3, 1924:
We miss thee among our friends, dear uncle,
We miss thee from thy place,
A shadow o’er our life is cast.
We miss the sunshine of thy face.
We miss thy kind and loving hand,
Thy fond and earnest care,
Thy home is dark without thee,
We miss you everywhere.
Dear uncle how we miss you
God in heaven alone can tell;
We look around they lonely home
We see they vacant chair
Where oft you sat with listening face
When your loved ones told you of their care.
But, now alas, with sorrowing hearts,
Through life’s dark vales we tread,
One of the dearest to us
Lies numbered with the dead.
–His niece, Mrs. Omer Taylor.
The Cynthiana (Ky.) Democrat, Thursday, Feb. 11, 1926, Page 11 Col. 3 (Died):
ARNOLD–The funeral and burial of Jos. W. Arnold, whose death occurred Feb. 3, were held at the Sunrise Methodist church Saturday afternoon. The services were conducted by Rev. J.E. Moss, of Cynthiana, assister [sic; read assisted] by Rev. G.W. Ellers. A large crowd of friends attended. Mr. Arnold was a son of Chas. and Mary C. Arnold and was born in this county April 16, 1868. He was married to Miss Lora M. Athe, who survives with a son and a daughter, hall Arnold, Madisonville, Ky., and Ruth Bramble Arnold, this city. Also survived by his mother[,] who lives near Sunrise, four brothers and two sisters, R.L., John B., Smith and Sam Arnold, Mrs. Neppie Price, of near Sunrise, Mrs. Geo. Jolley, of Robinson. Mr. Arnold was a member of the Methodist church. The pall bearers were Clarence LeBus, Jr., Frazer LeBus, Duke Smith, S.P. Owen, Jr., Clarence Ewing[,] and R.C. Pepper. Honorary, Clarence LeBus, dr. W.B. Moore, Dr. C.L. Swinford, Martin Nagle. See Sunrise items.
The Cynthiana (Ky.) Democrat, Thursday, March 25, 1926, Page 1, Cols. 5 & 6 (Cont’d on p. 12, col. 5):
Ten Jurors Are Accepted
In Trial of Haviland
Cynthiana, Ky., March 23 (P)
Only ten jurors were accepted today In the special term of circuit court to try the case of Robert O. Haviland, charged with the killing of Joe W. Arnold. Bystanders were called on to act as juror after the regular panel had been exhausted.
Court will be resumed Wednesday morning at 9 O’clock,
The Owensboro Messenger, Owensboro, Kentucky 24 Mar 1926, Wed • Page 1
Trial of Robert
O. Haviland
———-
Progresses Rapidly at Special
Term of Circuit Court.
Commonwealth Rested Yes-
terday Afternoon. Defense
Begins. Will Probably End
Today.
———-
HAVILAND TESTIFIES
IN OWN BEHALF
———-
Robert O. Haviland, deputy field agent for the Burley Tobacco Cooperative Association, indicted by the February grand jury for the shooting and killing of Joseph W. Arnold, at the Lebus Warehouse in Cynthiana on February 3, was arraigned at the special term of the Harrison Circuit Court, which convened Tuesday, with Judge J.C. Dedman presiding and Commonwealth’s Attorney T.E. King prosecuting, assisted by County Attorney M.G. Land, Wade H. Lail and Wallace Muir, Lexington. The circuit court room was filled to overflowing, mostly with men, but scattered through the crowd were a number of women.
All Tuesday’s session was occupied with selecting a jury from the panel of thirty-six names which had been drawn from the wheel to serve during the special term. At the close of the session ten men had qualified: G.T. Beckett, E.L. Renaker, Jesse Faulconer, L.T. Anderson, Wesley Williams, Herman Brookins, Willie McCauley, Thomas Northcutt, Edgar VanHook, [and] W.F. Renaker. Twenty-six of the panel jury and two bystanders had been rejected. Judge Dedman in open court drew from the wheel fifteen additional names and W.R. Jones and Stone Perkins were selected yesterday morning to complete the jury. While the questions, “Are you a member of the Burley Association,” and “Are you a tobacco grower” were asked the jurors the questions were not used as grounds of disqualification for service.
Jurors were questioned by Hanson Peterson for the defense and T.E. King for the Commonwealth.
Forty-two witnesses were summoned to testify in the case, twenty-six for the defense and sixteen for the Commonwealth. Defense counsel includes Stephen L. Blakely, Covington; Peterson & Peterson[,] and Daniel Durbin, Cynthiana.
Mr. Haviland is at liberty under previous bond while the case is being tried.
Judge Thomas E. King, Commonwealth’s Attorney, made the opening statement for the defense yesterday morning. The first witness for the Commonwealth was Rev. Robt. H. Jones, who testified substantially as at the examining trial. He stated in substance that he was about ten feet from Haviland and Arnold when the difficulty occurred. Arnold was leaning against a basket of tobacco, a group around talking. Heard something about “a lot of women raising tobacco,” and Haviland accusing Arnold of inducing growers to dump. Arnold called Haviland a “damned liar,” or something stronger, and the shot was fired.
A.L. Jennings
A.L. Jennings testified as at the examining trial that he and Arnold were on a basket of tobacco, Arnold sitting. When Haviland came up he and Arnold were talking about how much tobacco would be sold on the loose leaf floor. Turned away a moment and when he turned again toward the parties heard the damned lie passed and the shooting followed.
Others Testify
Urias Price, Clarence Tolle, Dr. Swinford, Duke Smith, J.S. Jones[,] and L.R. Kearns, gave testimony similar to that at the examining trial, none of which differed materially from the above.
Martin Nagel said that Arnold was standing up when the shot was fired, with hands extended. Understood Haviland to pass the lie first.
Defense Opens
The opening statement for the defense was made by attorney Blakely who said it would be shown that Haviland’s life had been threatened and he had reason to fear Arnold would do him violence.
Haviland Testifies
Robert O. Haviland was the first witness for the defense. After the usual preliminary questions, he stated in substance that about a year ago he had been told by Sam Feeback that Arnold had said he, Haviland, was meddlesome and if he did not quit what he was doing he would kill him. A short time after that, Haviland said, he saw a pistol in Arnold’s hip pocket while at the LeBus warehouse. Said he, Haviland, had gotten a pistol from his brother-in-law, Dr. Midden, the latter part of October or first part of November last year and had carried it since. The Court over-ruled an attempt to show that Haviland had a permit to carry a pistol, as no one in this State has authority to issue a permit, it is said.
Concerning his presence on the floor the morning of the shooting, Mr. Haviland said he had been instructed by the Burley Association to look for a certain lot of tobacco and walked up and down four or five rows trying to locate it. The end of his inspection brought him to the group where Arnold was. They talked together, all joining more or less. Arnold asked him for a chew of tobacco, but as he had none he gave him a cigarette.
After a while the talk drifted to the amount of tobacco that would be sold on that loose leaf floor, how much would be dumped, women raising tobacco, etc. Arnold said you didn’t have to induce them to dump–you’d have to take a club to keep them from dumping. Haviland charged that Arnold had induced some to dump. Arnold called him a G—d—liar, jumped up and advanced on him with hands extended. He backed away, Arnold continued to advance and he fired.
Mr. Haviland was cool and collected on the stand, in no wise frustrated or excited and told his story in a straightforward way.
Defense Witnesses Dismissed at Noon
Under the impression that the Commonwealth would occupy the whole afternoon, the Court at noon excused the defense witnesses until this morning. When the Commonwealth rested, without calling a number of witnesses who had been summoned, the defense found itself with few witnesses available. After Mr. Haviland testified there was some delay in getting another witness.
Braden Stevens was found, and on the stand said he was attracted to the group by hearing the lie passed and when he looked around saw Haviland backing away, Arnold going toward him, and the shot was fired.
W.P. Renaker
W.P. Renaker was called and said he was four or five feet from the men. Arnold was sitting on a bas[Page 12, column 5]ket of tobacco. Heard Arnold say four million pounds of tobacco would be sold on that floor, and Haviland asked how much would be pooled tobacco. Haviland said he knew Arnold had been in barns endeavoring to get pooled tobacco dumped. Heard Arnold call Haviland a vile name. Then he jumped up in angry manner and advanced on Haviland and the shooting followed. Saw no weapon on Arnold.
J.W. Shields, of Nicholas county, was about ten feet away, heard the epithets and when he looked around Arnold was standing, heard him call the name and saw him advance on Haviland. The pistol cracked.
Efforts were made by court officials to located Sam Feeback and other witnesses for the defense without success and court adjourned until this morning.
At the rate the case has progressed it should be finished today.
The Cynthiana (Ky.) Democrat, Thursday, March 25, 1926, Page 12, Col. 5:
–Mr. and Mrs. Karl Moore have rented Mrs. Cora Rankin’s residence property on Elmarch avenue.
The Cynthiana (Ky.) Democrat, Thursday, April 1, 1926, Page 1, Col. 1:
No Verdict In
Haviland Case
———-
Jury Unable to Agree After
Eight Hours’ Deliberation.
Said to Have Stood 10 to 2
for Acquittal.
———-
The jury which heard the case of the Commonwealth against Robt. O. Haviland, indicted for shooting Jos. W. Arnold at the LeBus warehouse on the morning of Feb. 3, Arnold dying that afternoon at the Harrison Memorial Hospital, was discharged by Judge Dedman at 3:30 o’clock Friday afternoon, failing to reach a verdict after eight hours’ deliberation. The poll is said to have stood 10 to 2 for acquittal.
The case was called at a special term of the Harrison Circuit Court on Tuesday, March 23, at detailed in this paper last week. A jury was secured the second morning, the following men accepted: G.T. Beckett, E.L. Renaker, Jesse Faulconer, L.T. Anderson, Wesley Williams, Herman Brookins, Willie McCauley, Thomas Northcutt, Edgar VanHook, W.F. Renaker, W.R. Jones[,] and Stone Perkins.
The Commonwealth was represented by Commonwealth’s Attorney T.E. King and Wade H. Lail, of this city, Wallace Muir, of Lexington; the defense by Hanson Peterson, and Daniel Durbin, of this city, and Stephen L. Blakely, of Covington.
The Commonwealth finished testimony Wednesday afternoon, the defense Thursday morning. After arguments by Attorneys Peterson and Blakely, for the defense, and King and Muir for the State, the case was given to the jury at 3:30 o’clock Thursday afternoon. After deliberating until late in the afternoon, the jury requested that part of the testimony be read to them by the court stenographer, Mrs. Jas. Dills. The stenographer was ill and could not appear, and the jury was placed in the hands of the sheriff for the night.
Friday morning Mrs. Dills was still to ill to appear, but an agreement was reached whereby she read the notes of the testimony to her sister, Mrs. Edgar VanHook, another stenographer who transcribed it and made it available to the jury.
At 3:30 o’clock, the jury again reported to the Court that it was hopelessly divided and was discharged.
The cased was redocketed and probably will be tried again in June. Mr. Haviland was released under a renewed bond of $20,000 which he had furnished after the examining trial.
The Cynthiana (Ky.) Democrat, Thursday, June 24, 1926, Page 1, Cols. 5 & 6:
ROBT. O. HAVI-
LAND ACQUITTED
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Second Trial of Case on
Charge of Killing Joe W.
Arnold Brings Verdict of
of [sic] Not Guilty.
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After about an hour’s deliberation Tuesday afternoon the jury in the case of the Commonwealth against Robert O. Haviland, indicted on a charge of murder in the death of Joe W. Arnold, brought in a verdict of acquittal.
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The second trial of the Commonwealth against Robert O. Haviland, charged with killing Joe W. Arnold at the LeBus tobacco warehouse on the morning of February 3, 1926, was called at a special term of the Harrison Circuit Court Monday, Judge J.C. Dedman presiding. The first trial of the case in March resulted in jury disagreement.
Thirty men were examined before a jury was secured last Monday afternoon. The jury accepted was: Lovell Jett, Ira Gray, Frazer Phillips, Wilder McNees, Sam McClintock, Tom Batson, C.R. Renaker, Joe K. Marsh, R.M. Williams, P.A. Toadvine, F.M. Turner[,] and Walter McCauley.
The Commonwealth was represented by Commonwealth’s Attorney T.E. King, County Attorney M.G. Land and Judge Wade H. Lail; the defendant by Peterson & Peterson, Daniel Durbin[,] and Stephen Blakely, of Covington.
Witnesses Heard
The defendant waived formal arraignment and entered a plea of not guilty. Late Monday afternoon witnesses for the Commonwealth were heard, including J.S. Jones, Whitaker Downing, R.H. Brunker, Larkin Riddle, A.L. Jennings, U.F. Price, Walter Price, R.H. Jones[,] and L.R. Kearns. Their testimony was along the lines of the first trial, to the effect that Arnold, who was an independent tobacco buyer, was seated on a basket of tobacco talking with friends, when Haviland came up. There was some badinage about the amount of pooled tobacco that was being sold over loose leaf floors, and one of the witnesses testified Haviland, who was field man for the Burley Tobacco Growers Association, accused Arnold of inducing growers to dump their crops. Arnold called him a “damned liar” and the shooting followed. Some of the witnesses said Arnold was leaning against the basket, others that he was standing, and others that he was advancing. There was a difference of opinion about the position of his hands.
Night Session
A night session of court was held Monday and the defendant was on the stand. His testimony also was substantially as given in the former trial in March. He said he had been warned by a party a year ago that Arnold had said if he did not desist from meddling he would kill him and on a later occasion he had seen a pistol in Arnold’s pocket. He told of his business as inspector for the Association on the floor that morning, his joining the group of which Arnold was one, the talk about dumping and his charge that Arnold had induced some to dump; that Arnold called him a G—d—liar, jumped up and advanced on him with hands extended; he backed away, Arnold followed, and the shot was fired.
At the night session, some of the witnesses[,] not knowing it would be held, were absent and by agreement their testimony as given at the former trial was read.
New Witnesses Introduced
The defense completed its case Tuesday morning, introducing one new witness, Arthur Shy, of Springfield, Ohio, formerly of Cynthiana, who was driving a truck here at the time in February when Robert Haviland shot Joe Arnold, who afterwards died. Shy’s testimony was to the effect that a few weeks before the accident occurred, Shy heard Arnold making threatening remarks about Haviland. On an occasion when Arnold had employed Shy to take to Lexington a truck load of tobacco that Arnold and Hez Harris had bought Harris armed with a pistol was sent along with Shy, Arnold saying that he suspected Haviland had already gotten out an injunction against the owner and gave instructions that in case anybody sought to stop them, to stop him first, Shy testified. Arnold at the time added threats against Haviland, Shy said.
The testimony in the case was completed at about 11 o’clock Tuesday morning. Arguments were made by Judge Wade H. Lail and Commonwealth’s Attorney T.E. King for the State and by Hanson Peterson and Stephen Blakely for the defense. The case went to the jury about 2:45 in the afternoon.
The Lexington Herald LEXINGTON, KENTUCKY Thursday, February 4, 1926
TOBACCO BUYER DIES AS RESULT OF PISTOL SHOT
Field Agent for Burley Cooperative Association in Harrison County Arrested on Murder Charge
GROWERS IN WAREHOUSE AT CYNTHIANA WITNESSES
Victim Seated on Basket When Haviland Came Up, Bystanders Say
CYNTHIANA, Ky., Feb. 3. Joseph W. Arnold, independent tobacco buyer, was shot and fatally wounded here shortly before 10 o’clock this morning in the tobacco warehouse of Clarence LeBus and Sons by Robert O. Haviland, field agent for the Burley Tobacco Growers Cooperative Marketing Association. Sales were in progress and a number of Harrison County tobacco growers and others were gathered around in a group in the warehouse when the shot was fired.
Mr. Arnold was removed to the Harrison Memorial hospital, where he died on the operating table at 3:20 o’clock this afternoon as Dr. Charles Paul, of Cincinnati, who had been called and who rushed to Cynthiana by automobile, attempted to save his life. The pistol was a 32-callbre automatic and the bullet entered the right side, penetrating the bowels and kidney, coming out on the right side several inches lower than the point of entrance.
Mr. Haviland gave himself up immediately and was taken before Judge Curle, who fixed his bond at $10,000 on a charge of malicious shooting. After the death of Mr. Arnold, Mr. Haviland was rearrested on a charge of murder and placed in custody of the sheriff. It was reported last night that he had been taken outside of Harrison County.
Mr. Arnold is survived by his widow and a son, Hall Arnold, manager of the Kentucky Utilities Company of Madisonville, Ky., a daughter, four brothers, Samuel, Robert, John and Smith Arnold, all of Sunrise, and two sisters, Mrs. George Jolly, of Robinson, and Mrs. Nepple Price, of Sunrise.
Minister Witnesses Shooting
One of a score of witnesses to the shooting was the Rev. Robert H. Jones, pastor of Indian Creek and Connersville churches, who said that he was standing a short distance from Haviland and Arnold, the latter of whom, he declared, was leaning against a basket of tobacco. Mr. Jones said that Haviland accused Arnold of urging and influencing members of the pool to sell tobacco on the independent floor. Arnold denied that he did this, according to Mr. Jones and Haviland remarked that he “didn’t do anything else.” The witness declared that Arnold said to Haviland that he was a liar and Haviland pulled his pistol from an inside coat pocket or holster, he didn’t know which, and shot Arnold from a distance of about five feet. Mr. Jones said he thought Arnold raised up from the basket of tobacco but said he did not do so in a threatening manner.
Numerous other witnesses gave practically the same testimony, with some variance as to which first called the other a liar and whether Arnold stood or remained seated on the basket of tobacco before the shot was fired.
Gus Jennings was sitting beside Arnold on the basket of tobacco when Haviland came up. His statement corroborated that of the Rev. Mr. Jones, although he quoted Arnold as having said after Haviland accused him of influencing pool members to “dump” tobacco on independent floors, “If you say I did that you’re a liar.” Mr. Jennings made an affidavit today, saying that he and Mr. Arnold were seated together on the basket of tobacco when Mr. Haviland came up and that Arnold was seated on the basket when the shot was fired.
Walter Price, another witness, said that the argument started when Haviland accused Arnold of going to tobacco barns and urging pool members to “dump” their tobacco. Clarence Tolle, a tobacco farmer, said that the time the shot was fired Arnold had both hands in his pockets.
Self-Defense Is Plea
It was said here tonight that Mr. Haviland would enter a plea of self-defense. He declared that it was his duty to be at the warehouse in his capacity as field man for the cooperative marketing association. Haviland further charged, according to those who saw him following the shooting, that he had suffered indignities from those opposing the pool.
When Haviland first gave himself up on the charge of malicious shooting, before the death of his victim, his bond was signed by H. F. Midden, Dennis Williams, Fred McCarthy, Hanson Peterson, Daniel Durbin and A. Garnett.
The examining trial will be held Friday morning at 10 o’clock before County Judge Curle. It was announced tonight that Wallace Muir, of Lexington, and Wade H. Lail, of Cynthiana, had been employed by Smith and Robert Arnold, brothers of Joseph Arnold, to assist in the prosecution. They were in conference here tonight with Commonwealth’s Attorney T. C. King.
The Lexington Herald LEXINGTON, KENTUCKY Thursday, February 11, 1926
BAIL GRANTED TO SLAYER OF CYNTHIANA MAN
Bond Is Placed at $20,000 by Judge W. R. Curle After Examining Trial-Motion Argued
NO TESTIMONY OFFERED BY DEFENSE COUNSEL
Witnesses for Prosecution Reiterate Story of Shooting in Warehouse
[Special to the Herald]
CYNTHIANA, Ky., Feb. 10. – After an extensive hearing of witnesses and argument by attorneys concerning the granting of bail, County Judge W. R. Curle today held to the grand jury under $20,000 bond Robert O. Haviland, charged with killing Joseph Arnold in the warehouse of Clarence LeBus and Sons here last Wednesday.
The commonwealth introduced the physician who attended the slain man and a number of the group of tobacco growers who were gathered about the basket of tobacco on which Arnold was sitting when Haviland approached him in the warehouse prior to the tragedy. All told substantially the same story that previously had been told, to the effect that Haviland accused Arnold of attempting to influence members of the Growers Cooperative Marketing As- sociation to sell their tobacco over loose floors and that Arnold had retorted: “If you say that, you’re a damned Jair,” whereupon Haviland drew a pistol from his inside coat pocket or from a holster and fired through Arnold’s left side.
The defense introduced no testimony.
Motion Made for Bail
As soon as the commonwealth had completed introduction of witnesses Stephen I. Blakely, of Covington, for the defense, announced that he would present no testimony but that the defense would content itself at the time with a motion for bail. He entered a plea for bail, basing his argument on a plea that the case should be considered as one of manslaughter rather than murder. He said the court should not refuse bail except in a case in which he expected a death penalty to be given.
Wallace Muir, of Lexington, special attorney obtained by brothers of Arnold to assist the prosecution, declared that he had never known a case in which ball was granted when the accused offered no defense and introduced no proof. “This is a case of cold-blooded murder and the only claim made is that Arnold called Haviland a liar, but the defendant had previously shown malice by making charges before the name was passed, and he came up to the group in the warehouse armed and brought what Arnold said on himself by his own deliberate charges,” Mr. Muir declared.
Following the arguments of each side, Judge Curle said: “The motion for bail will be sustained and the defendant is held to the grand jury under bond of $20,000.”
The bond was signed by Haviland, Lovell Jett, Otwell Humphrey, Dr. H. F. Midden, L. M. Midden, Harold Poindexter, Harcourt Switzer, W. R. Hayes, Daniel Durbin, Dixie McKinley, Newton Hearns, E. B. Mid- den, Fred McCarty, Joe K. Lake, George Midden and R. S. Haviland.
Physician on Stand
The hearing wag on from 10 o’clock in the morning until noon and from 1:30 o’clock until 3 o’clock. The commonwealth introduced numerous witnesses who were present in the warehouse at the time of the shooting or who were there soon afterward. The testimony tended to show that Arnold made no demonstration against Haviland, and that he had nothing in his hands at the time that Haviland fired. There was a disagreement among the witnesses. however, as to whether Arnold was leaning on the basket of tobacco or had lifted himself before the shot was fired.
On this point the commonwealth particularly stressed the testimony of Dr. Charles L. Swinford, who attended the wounded man after he was taken to the Harrison county memorial hospital. Dr. Swinford said that the bullet entered on the left side of Arnold’s body and went out on the opposite side of about three and a half inches below the point of entrance, the prosecution arguing that this showed the shot was fired by a man standing over the one whom he shot. A. L Jenkins, another witness who was in the warehouse, said that when Haviland came in he was sitting with Arnold on a basket of tobacco. He said Arnold was leaning on his left elbow and was talking jokingly with other growers when Haviland walked up and Arnold said to Haviland that he thought as much tobacco would be sold over the loose leaf floors as last year. He said Haviland said that “too many women are growing tobacco.” He said he noticed an angry expression on Haviland’s face. Arnold, he said, started to raise up from the basket of tobacco and as Haviland accused him of influencing pool members to sell outside, he said, “If you say I did, you’re a liar,” whereupon Haviland fired. He said at the time the shot was fired Arnold was almost on his feet but was not standing up. He said Arnold made no demonstration to advance on Haviland.
Other Witnesses Introduced
Other witnesses introduced by the commonwealth giving testimony which closely resembled that of Jenkins or that previously quoted were Clarence Tolle, a warehouse employee; Urias F. Price, first cousin of Arnold who aided in taking him to the hospital; Duke Smith, the Rev. Robert Henry Jones, of Indian Creek and Connersville Christian church, and J. S. Jones, a Fayette county tobacco grower.
The courtroom was crowded during the trial and many were standing in the aisles and about the walls.
The defendant is represented by Mr. Blakely, former prosecuting attorney of Kenton county; Daniel Durbin, Hanson Peterson and M. Benton Peterson of Cynthiana. The prosecution is represented by Mr. Muir, Commonwealth’s Attorney T. E. King, County Attorney M. G. Land and Wade Lail, of Cynthiana.
The Owensboro Messenger (Owensboro, Kentucky) • 11 Feb 1926, Thu • Page 1
HAVILAND HELD TO GRAND JURY FOR ARNOLD SLAYING
Defense Offers No Testimony at Cynthiana Trial Defendant Is Admitted to $20,000 Bond.
Cynthiana, Ky., Feb. 10 — County Judge W. R. Curl today held Robert O. Haviland, charged with killing, Joe Arnold here 1ast Wednesday to the grand jury under bond of $20,000, after a preliminary hearing in which the defense introduced no testimony. Haviland’s bond was signed by Harrison county citizens.
Following the conclusion of the evidence for the commonwealth Stephen L. Blackely, of Covington, for the defense, announced that the defense would present no testimony but would content itself at this time with a motion for bail. Vigorous arguments over the question of bail for the defendant were made by Mr. Blakely for the defense and by Wallace Muir, of Lexington, for the prosecution. The witnesses for the commonwealth were men who were present in the Lebus warehouse at the time of the shooting or who were there soon afterward. The testimony tended to show that Arnold made no demonstration against Haviland but the witnesses did not all agree as to whether Arnold was standing erect or leaning on a basket of tobacco when he was shot. There was an absence of testimony, too, as to any quarrel between Arnold and Haviland just previous to the shooting except that some of the witnesses declared that Haviland had accused Arnold of inducing pool tobacco growers to dump their tobacco and that Arnold had retorted with the statement that “If you say that, you’re a d- liar.”
The court room was packed to the doors and many were standing in the aisles and about the walls. No case in the county has aroused more interest and no trial in the history of the county has ever been witnessed by a larger crowd.
News – Democrat PADUCAH, KENTUCKY Thursday, February 11, 1926
HAVILAND HELD ON $20,000 BOND
Is Charged With Killing Man On Tobacco Floor At Cynthiana.
Cynthiana, Ky., Feb. 10.- County Judge W. R. Curle today held Robert O. Haviland, charged with killing Joe Arnold here last Wednesday, to the grand jury under bond of $20,000 after a preliminary hearing in which the defense introduced no testimony. Haviland’s bond was signed by A number of Harrison county citizens.
Following the conclusion of the evidence for the commonwealth, Stephen L. Blakely, of Covington, for the defense, announced that the defense would present no testimony but would content itself at this time with a motion for bail. Vigorous arguments over the question of bail for the defendant were made by Mr. Blakely for the defense and by Wallace Muir of Lexington for the prosecution.
The witnesses for the commonwealth were men who were present in the Lebus warehouse at the time of the shooting or who were there soon afterward. The testimony tended to show that Arnold made no demonstration against Haviland, but the witnesses did not all agree to whether Arnold was standing erect or leaning on a basket of tobacco when he was shot. There was an absence of testimony, too, as to any quarrel between Arnold and Haviland just previous to the shooting except that some of the witnesses declared that Haviland had accused Arnold of inducing pool tobacco growers to dump their tobacco and that Arnold had retorted with the statement that: “It you say that, you’re a d- liar.” The courtroom was packed to the doors and many were standing in the aisles and about the walls. No case in the county has aroused more interest and no trial in the history of the county has ever been witnessed by larger crowd.
The Lexington Herald (Lexington, Kentucky) • 28 Feb 1926 • Page 3
BOND IS GRANTED CYNTHIANA SLAYER
Robert O. Haviland Released for Trial at Special Term March 23
[Special to The Herald]
CYNTHIANA. Ky., Feb. 25.- Judge J. C. Dedman granted bond Wednesday for Robert O. Haviland, under indictment for the murder of Joe W. Arnold, upon motion of Haviland’s attorneys. The prosecuting attorney, T. E. King, and Wade H. Lail asked the court that the decision be deferred until Friday.
Bond was fixed at $20,000, the same as that fixed by Judge W. R. Curle after the examining trial, and was signed by W. E. Hayes, Ottis Hill, W. W. Ammerman, Daniel Durbin, Newton Kearns, L. W. Midden, E. B. Midden, Dixie McKinley, H. F. Midden, George Midden, R. R. Ammerman and Gus Derossett.
The bond of Roy Claypool, indicted for killing James Sturgeon, Jr., of $10,000 was retained as originally executed, Judge Dedman has called a special term of court beginning March 22 for the trial of Haviland and Claypool, the date for the Haviland trial being set for March 23.