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Subject: [PAWASHIN-L] McCausland Murder #27 - Exec. Con't - sketches of those involved in case
Date: Thu, 5 Oct 2000 20:14:11 EDT
Only three minutes before entering the ravine the murdered man was met by
a teamster, Frank Ewart, who was hauling a load of coal. They bade each other
good morning as they passed and McCausland was noticed to be smoking a cigar.
A cigar stump and part of a burned match were found in the road near where
he had been standing when shot. The road was much traveled, especially at
that season of the year, and from the brow of the ravine perhaps a half dozen
farm houses are in view. The murderers had barely robbed the victim when a
neighboring merchant, Sylvanus Areford, rode by and discovered the man over
the bank at the roadside, where he had been dragged. After the examination
of the body the intent on robbery was made certain. Forty yards below where
the crime was committed were found McCausland''s two pocket-books, emptied of
their contents; his day books and other papers were strewn around, as the
outlaws had hastily examined these in their search for money. From all
evidence it is believed they secured above $1,200.
Near the foot of this ravine, three hundred yards from the scene of the
crime, stands the house of Frank Clark, Jr., a cousin of George Clark.
Inquiries as to strangers having been in the vicinity that day proved futile.
No one landed at McCann's Ferry that morning by McCausland, and other facts
made any theory that he was shadowed by a stranger to the community,
impossible. Clark was suspected for implication in the crime. On the first
visit of the Sheriff to the community, three days after the murder, he was
arrested, and at the same time James neff was placed under arrest.
It became known that Frank Clark could prove himself away from the scene
of the crime at the time it was committed, John parker, a man seventy years
of age, on the morning of the murder had walked down a parallel road, and
when opposite the scene, he heard the shots fired. There he met Frank Clark,
Jr. Nearly three months after, when it was feared that no further light
would be thrown upon the mystery of the crime, Parker told some one that as
he pursued his way that morning after hearing the shots, he stopped at the
house of a neighbor, John Huston and was asked by Huston to watch his two
little children while he went about some work out in a field; while there,
standing near an old house eating grapes, he heard a noise across on an
opposite bank, some cattle had been frightened and were running, but gazing
upon a cleared spot on the bank, which was principally covered with timber,
he saw George Clark and Zachariah Taylor hastening from the direction of the
crime. Clark as he remembered, was carrying a gun. The arrest of George
Clark and Taylor followed. Upon the trial of Clark, which took place in
April, 1888, it was proven by the ferryman at the river, Benjamin Provins,
that Clark and Taylor had crossed the river that morning from the Greene
county side, about an hour after the murder was committed. Other persons who
were present upon the occasion of an immersion that morning, also saw the two
men going up from the river through a field in the direction of Masontown.
Clark and Taylor lived at Masontown, fayette County, one mile from the river,
and denied being in Greene county that morning. They tried to prove
themselves at Mosontown during the forenoon of September 10th but this
testimony was weakly constructed and there was convincing evidence to the
contrary. John Parker testified in Court that he had known the men for a
number of years, that he was familiar with their gait and appearance and he
positively identified George Clark as one of the men he had seen going from
the direction of the murder, shortly after it was committed. In his
testimony he said he "took the other man to be Taylor." Though past seventy
years of age, the witness could read a newspaper without spectacles. He had
his second sight and could see well. Clark was found guilty and sentenced to
be hanged. His companion in the crime-Taylor-was tried in January "89
convicted and is sentenced to be hung April 9th next. James Neff, was tried
and convicted in April '89 but receiving a second trial and charge of venue
he was cleared. Ben Clark was tried and convicted at the same term of court,
but is now awaiting a second trial, which was granted by the Supreme Court.
Before his trial he made a partial confession implicating George Clark,
Taylor and neff. Maggie Clark was released shortly after her arrest, as the
Commonwealth desired to use her as a witness. The tree others who were
indicted, Frank Sr., Frank Jr., and john T. Clark were released from
recognizance in December last, as there was not sufficient evidence to
warrant their trial at present.
Eight persons, in all, were indicted for complicity in the crime. Six of
there were Clarks. Taylor is a brother-in-law of the man executed.
The murderers had left their revolver in the road, at the scene of the
crime, where they had dropped it to rob the body. They had been hastily
driven away. On the handles of the revolver were cut "J.T.C." John T. Clark
is brother of George and the revolver is supposed to have belonged to him.
During the trial the revolver was identified by a witness as one he had seen
George Clark have.
Maggie Clark, sixteen years old and two children of Frank Clark, Jr., wre
on either side of the ravine when Areford rode up. As he approached, Maggie
ran through the ravine close by the body. He saw her make some motions with
her hands, which she upon the witness stand, asserted were for the two
children. It is supposed they had been placed on each side of the ravine as
spies.
The dead man's had was lying near the middle of the road, which was
narrow, and this his whip, the revolver, with which he was shot and his body
were in her range of vision.
Near the pines where the crime was perpetrated is what is know as the
Clark Settlement. They are, as a whole, a hard class of people and they have
been accused of stealing through several generations. As McCausland came and
went through the neighborhood, and it was supposed he carried much money with
him their avarice over came them and they planned to put him out of the way
and take his money.
Every effort was made on behalf of defendants by their attorneys. In the
cases of both George Clark and Zack Taylor new trials were asked for in the
Greene County Court but refused. The cases were taken to the Supreme Court,
where all of the evidence was sent, but the decision of the lower court was
sustained. For several months petitions asking for commutation of the death
sentence or pardon were in the hands of the Pardon Board. The matter was
presented before them by argument several times. Their decision refusing to
interfere in behalf of the prisoners was made known Feb. 13. An effort was
then made to gain for Clark another respite, but this failed
SKETCHES OF THOSE WHO TOOK PART IN THE MEMORABLE TRIAL
SKETCH OF MR. SAYERS
James E. Sayer, Esq., "the man who stood by Clark to the last," is forty
four years of age. He is a son of E. M Sayers, Esq, the oldest member at the
Greene county Bar. He attended the Waynesburg public school and college and
afterwards became a student in the Ohio State University. July 15, 1862 he
enlisted in Co. F. 85th Pa. Vet. Infantry, as a private, was discharged at
Richmond, Va., with the rank of Orderly Sergeant, may 13, 1865. He was "in
at the death", having fired his last gun at Appromattox C.H., Va., and
participated in a twenty-two battles and skirmishes and three sieges -
Charleston, Petersburg and Richmond. Returning from the army his first
business venture was as an editor. In 1866 he bought the Waynesburg
Republican, of which paper he was editor and proprietor for nearly three
years, when he again entered college and graduated in 1870, in the law
course, in the Indiana State University. For four years thereafter he
continued in journalistic work. He was admitted to eh Greene county Bar in
1874 and has continued in active law practice here, since. He was the
leading counsel for the defendants in all the cases tried, of those charged
with perpetrating the McCausland murder. He pursued every honorable means
that would or might possibly benefit the prisoners. The cases were carried
to every tribunal or court of justice provided by the laws of the
Commonwealth, unless the point desired for his clients was secured with less
appeal, and he was eminently successful. First he obtained habeas corpus
hearings for several of his clients, in which he conducted the cross
examination. When the trials occurred, and a verdict of guilty was found, he
applied for new trials. These being refused he apealed to the supreme Court,
and there gaining nothing he carried the cases of Clark and Taylor before
the Board of pardons, where a prolonged and able effort was made to secure
for them a commutation of the death sentence. In all of the legal
proceedings Mr. Sayer took a principal part. At the trial of George Clark
his associate counsel were T.L. Lincoln, Esq., and Hon. Charles E. Boyle.
Mr. Sayers conducted the examination of the defendant witnesses, took the
testimony and argued the motions for new trials, made the argument before the
supreme Court and the Board of Pardons and conducted the preparations of the
paper books.
THOMAS L. LINCOLN, ESQ.,
Thomas L. Lincoln, Esq., who was an associate counsel of Mr. Sayers in
all of the cases of those tried for committing the McCausland murder, was
born and raised at Carmichaels, this county. Mr. Lincoln was formerly
engaged in the mercantile business and for several years filled the office of
Justice of the Peace. Having obtained a good education and his taste
inclining more to a profession of that kind he began the study of law. He
read with James E. Sayers, Esq., and was admitted to practice at the Greene
County Bar in October '88. He took an active and important part in all of
the murder trials and did much of the examination of witnesses before the
trial and in collecting and shaping evidence. He was closely associated with
Mr. Sayers throughout all the proceedings and their names appeared together
as the defendants counsel upon the paper books, prepared for the supreme
Court.
HON. CHARLES E. BOYLE
Hon. Charles E. Boyle deceased, ex-member of Congress, made a lengthily
and able speech before the jury on behalf of George Clark at his trial.
DISTRICT ATTORNEY HUSS
D.R.P. Hues, the Commonwealth's attorney in prosecuting the McCausland
murder cases, was born and raised in Franklin township, this county. He
graduated from Waynesburg College in 1860; read law with Lindsey & Buchanan -
the old firm of Judge James Lindsey and j. A. J. Buchananan. He was
appointed District Attorney in 1865 to fill the unexpired term of J. Ritchie,
esq. The following year he was elected to that office and served the full
term of four years. On retiring from office he removed to the country, where
he resided eight years. In the spring of '78 he removed again to Waynesburg
and resumed the practice of law. He was elected District Attorney on the
Democratic ticket again in 1884, and re-elected for another term in '88. He
conducted the cases for the Commonwealth, taking the leading part in the five
trials. Four convictions were had. He also took the testimony needed and
made the arguments against the motions for new trials which were all
overruled, excepting in the case of Neff. He made the argument for ht
commonwealth before the Supreme Court in the three cases appealed, and also
appeared on behalf of the Commonwealth before the Board of Pardons. He
conducted the preparation of the paper books for the supreme court.
In the prosecution of the cases District Attorney huss had the able
assistance of R.F. Downey, Esq., throughout all the trials; and in the trial
of George Clark, John Robb, Esq., of Pittsburgh, was employed for the
Commonwealth, while in the other trials the well known attorney, W.S.
Anderson, of Youngstown, Ohio, was employed. In addition he was assisted by
his son, Sr.R. Huss, Esq.
R.F. DOWNEY, ESQ.
R. F. Downey, Esq., born in Waynesburg, May 18, 1849. He is a son of R.
W. Downey, deceased, who was one of the leading members of the Waynesburg
bar. R. R. Downey graduated from Waynesburg College in 1867, receiving the
highest honors of his class. He entered his father'' office immediately
after completing his college course, and began the study of law. he was
admitted to the bar in 1870, and has been in active practice since. In his
profession he has attained remarkable success. He is at present one of the
leading attorneys of the Greene county bar, and enjoys a lucrative practice.
He was employed by the County Commissioners to aid the Commonwealth in the
recent murder cases, at almost the beginning of the prosecution and has taken
an active part in all the trials. In each of the murder trials he made the
opening address to the jury, and a great deal of the burden of the
preparation of the cases fell upon his shoulders. All of the law points were
drawn by him and he conducted the examination of witnesses before trail.
JUDGE JAMES INGHRAM
Hon. James Inghram, President Judge in the Fourteenth Judicial District,
was born in Waynesburg, September 12, 1842. He is a son of dr. Arthur
Inghram who practiced medicine there over 30 years ago. He graduated from
Waynesburg college in 1859, he then being only 17 years of age. He at once
began reading law in the office of Lindsey and Buchanan. He was admitted to
the bar in 1863, and continued in active practice until 1883, when he was
elected to the judicial bench on the Democratic ticket. He presided over the
recent murder trials with fairness, and in the decisions rendered, can be
said to have been well sustained.
SHERIFF JOHN T. GOODWIN
Sheriff John T. Goodwin was born in Greene County, July 31st, 1840. His
parents were John and Sarah Goodwin who were natives of Pennsylvania and
removed from Washington county into Greene in 1832. Sheriff Goodwin was
married in 1861 to Margaret A. Smith, daughter of ?dmund Smith, deceased, who
resided in Center township. Before his election to the office of Sheriff in
1888, he followed the occupation of being a farmer. He was sworn into office
Jan. 1st, 1889. On him has befallen the unpleasant duty of performing an
execution, a duty which devolved upon none of his predecessors. His son, t.
R. Goodwin, has been the Deputy Sheriff during his father's term.
SKETCH OF CLARK
George Clark was born and raised within a mile of the place where the
McCausland murder took place. He was a son of Zaddock Clark, who lives on
the McCann's Ferry road in Cumberland township, Greene County, not far from
Monongrahela river. McCausland passed Zaddock Clark's on the morning he was
shot. George Clark was 36 years old Feb., 10th 1890. His tree last
birthdays were passed in jail, since his arrest for the McCausland crime.
Clark was of heavy build, weighing about 220 pounds; his height about five
feet nine inches. He had a low receding forehead and his eyes while mild,
yet bore a cunning and wily expression. They were such eyes as one cannot
fathom, showing the
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