Waverly, Illinois, Thursday, May 25, 1905 Number 23
Frivolous Charge Cause of two Deaths
W.W. Paul and Son Tilford Killed and One Officer Wounded.
The most horrible and exciting affair that has ever occurred within the borders of our fair little city took place about four o'clock last Tuesday afternoon in the public highway on South Auburn road scarcely a half mile east of the city, when during a battle between Deputy Sheriff H. L. Turner and two deputized officer, Jas. Cranfield and Robert Breeding, and a family named Paul, two of the latter, the father and one son, were killed outright and Breeding, one of the officers, wounded in the shoulder. Nothing of this character had ever happened in this vicinity, and it naturally caused a great excitement among our people and hundreds were soon on the deplorable scene to offer comfort and aid to the grief-stricken wife and mother and two remaining sons who were crying and sobbing near the dead bodies of their dear relatives. It was indeed a pitiable and sorrowful sight.
The Paul family, father and mother and three sons, have been living the past nine months on the old Caldwell homestead about two miles southeast of Franklin, and the neighbors living near them have always considered them, while poor they were, honest, quiet and respectable. One of the sons state that on account of the ill health of his father the family had decided to fit out a covered wagon and move to a more healthful climate, their objective point being Fredericktown, MO., from whence they had come, but their native state was Kentucky. From the best knowledge we can learn of the circumstances, some months ago the Pauls traded for a mare which they got from Thomas Hembrough living near Franklin, and in a short time the mare brought a colt. When they had prepared the journey about noon Tuesday and had reached Givens Hill, about midway between Waverly and Franklin, they were overtaken by James Roundtry, a constable from the latter town who claimed he had a replevin for the mare and colt issued by John Votsmeier, the liveryman over there, to recover the service fee from Milford Paul, (one of the surviving boys.)
These are the words Constable Jas. Roundtry claims to have received from the elder Paul, and he also says made some motion with a shotgun he held in his grasp, at the same time saying that he was not liable for the fee, - which was $20.00 - to get it of Hembrough. Roundtree took the man at his word and came to Waverly and told J. B. Lombard, another constable, his troubles, who went with him and they met the parties on the road. Lombard's notion was to effect a compromise, but he was met with the same treatment Roundtree had received and the constables came back to Waverly.
A state's warrant was issued by C. F. Curtiss, police magistrate, by order of Roundtree and placed in the hands of deputy sheriff Turner to serve, who, feeling unable to make the arrest alone, called the assistance of Cranfield and Breeding.Before starting the officers armed themselves well, Breeding taking a repeating shotgun, the others revolvers. Being fully prepared for any emergency that might come, they at once drove in haste to the place where the horrible affair happened.
Reports of the shooting somewhat conflict as to who fired first, the officers or the Pauls, but as the surviving members of the Paul family when given an opportunity to testify before a the coroner's jury, refused to do so, we have it as near correct as possible.
On arriving at the point mentioned Deputy Turner attempted to serve the warrant when he was threatened with death if he did it. At the very instant Turner drew the warrant out of his pocket, he claims, W. W. Paul, the father, raised his shotgun, pointed it at him and quickly fired, but it went wide its mark. Turner returned the shot and from that point many shots were exchanged. It is claimed Breeding was shot while stepping out of the buggy and in return leveled the shotgun and fired twice when the father, W. W. Paul and son Tilford Paul, who stood by his father's side fell dead. The other brothers were ordered by the officers to throw down their weapons, which they did, and the firing ceased. Breeding was hastily taken to Dr. Hughe's office and his wounds attended to. Several hours were spent before the bullet could be removed, after which he was taken to his home and is doing as well as can be expected.
Undertakers Crain, Swift & Co. were notified and the bodies were removed to their undertaking rooms where they were given attention and remained until removed for burial Wednesday at 4 o'clock p. m.
Coroner Spencer was immediately notified and arrived from Murrayville at 8:15. He immediately impounded a jury to inquire into the case which lasted until 12 o'clock, and the jury rendered the following verdict.
"We the undersigned jurors, sworn to inquire of the death of W. W. Paul and Tilford Paul, on oath do find that they came to their death by gunshot wounds inflicted by officers in defense while being resisted and that the same was justifiable. "
A. L. Hamilton, foreman.
B. Reinbach, clerk.
M. C. Hopson.
E. M. Milstead.
J. H. Dial.
During the inquest, Milford Paul and Albert Paul, who had been arrested for assault with a deadly weapon, were represented by E. Etter, and after the jury had rendered their verdict, a motion was made for the discharge of Milford Paul, because there was no evidence to show that he had ever fired a shot. Police Magistrate Curtiss allowed the motion and discharged him. Owing to the late hour Albert Paul waived examination and his bond was fixed at $400 for his appearance at the next term of court. Yesterday morning his bond was signed by about 20 of our best citizens and he was released.
Evidence taken at the inquest of W. W. Paul and Tilford Paul at the office of C. F. Curtiss, P. M. on May 23, 1905.
H. L. Turner, being sworn stated:
H. L. Turner, Deputy Sheriff, Morgan County, Illinois, received warrant for arrest of men at Carter & Wyle's livery barn from C. F. Curtiss. I deputized James Cranfield and Robert Breeding to go with me, as I had no horse and buggy. We drove out on the south Auburn road. We overtook them on the hill. There were four men and one woman. I stepped out on the south side of the buggy. I says, is your name Milford Paul? He says it is. To the old man, I says, I have a state's warrant for you, and he had with him on his arm a shot gun. Says, "if you try to read it to me I will shoot hell out of you." I pulled the warrant out with my left hand and my revolver with my right hand and says, you will drop that or I will shoot you. Immediately there was a shot from the buggy, (Paul's buggy) and also the old man shot with the shot gun. The youngest one was leading the colt by the buggy. Then we all went to shooting. I fired two shots with my thirty two revolver when Mr. Crawford said to stop shooting. There were two of the men down, the old man and one boy. Then these two boys that were living gave up. I says hand over your guns and I took these revolvers (identifying them) from the boys. One down on south side of road. Bob says to me "they have shot me, hard!" There was blood running down his back. He says, "take me to the doctor. I don't know how bad I am shot." This boy that was killed was not killed immediately. I turned to Mr. Roundtree and says, I will get in with you and get a doctor. When we came back he was dead. This was one-half mile, or about, east of Waverly, in the county of Morgan and state of Illinois, and about four o'clock, on south Auburn road. The old man's name was Milford Paul. Which one shot Breeding? I don't know. Who did you shoot at? I shot at the old man. He fired the shot gun once.
James Cranfield, being sworn stated:
My name is James Cranfield, residence, Waverly, Morgan County, Ill. Occupation, Game Warden. Mr. Cranfield was you with Hard Turner? I was down at Carter & Wyle's livery stable and he was there. Do you know what office he holds? Deputy Sheriff. Mr. Roundtree came down there and told Turner he was the man who ought to take these papers and go after these gentlemen. Hard said it took $3 in advance. Roundtree said he had no money. He turned to me and said, "lend me $3," which I did and he handed it to Hard Turner. Now Mr. Turner says I will deputize you and Robert Breeding to go with me." I says if these men are as bad as they say I never would go without being fixed. I went and got a No. 12 Winchester shot gun and Breeding loaded it. Our conversation was, for God's sake men, let's get them if we can without using these weapons. I says if it comes to it, Turner, to step out on the side of me and read the warrant to them. As he stepped out, this oldest man with the shot gun said "If you undertake to read them papers I will killl you dead as hell." By this time Mr. Breeding with the shot gun throwed it down and said: "You are a dead one if you move." With that this old gentleman shot over or under the buggy, or to the right of Turner, and this one man that is dead, he fired at me or Bob in the buggy. I says to Breeding, "for God's sake open up on them or we will all get it," but Breeding says I will get out" and he stepped his foot on the left step of the buggy and stepped out and one of these young fellows on the ground shot him in the back. I think it is the one that is dead; one of the two; Albert Paul shot Breeding; he says, "Jimmy I got it." Breeding was shot with revolver. By this time I heard two shots to my left and saw the old man and one of the boys fall. I hollered to Bob not to shoot any more, as one of the boys that were living says, "we will give up." Did you examine the weapons? I did not. There was one shot gun and three revolvers. Bob says: "Stay with me and get me to the doctor." I says: "Sure, Bob." How many shots were fired altogether? I think about five on our side and about the same about on the other. The old gentleman fired the first shot. Did anybody that was with you tell the old gentleman, or either of them, that they had a warrant for them? Mr. Turner did. As near as I can remember; if anything was to happen he was to use me and my buggy as a background. He had the warrant and was intending to read it. The old man said: "I will shoot hell out of you." This was in the county of Morgan and state of Illinois, on the South Auburn road, one-half mile east of Waverly, about four o'clock.
J. B. Lombard, being sworn stated:
J. B. Lombard, constable, Waverly, Illinois. Did you see Mr. Roundtree this afternoon? Yes, about two or three o'clock; he drove up in front of the Wyle Drug Co.'s store and wanted me to go back with him; said a man was going to shoot him. I asked him who the man was; he told me Paul. I got in the buggy with him. He told me he had a writ of replevin; said Votsmeier got out the writ. I asked him how much the debt was, and he said $20. I told him if he got $10 he ought to be satisfied. We went down the South Franklin road and met them at what is known as the Caldwell land. We drove up. I spoke to the man and said "how do you do" to him. He stepped out from behind the wagon. I told him I wanted to talk to him. He says "you have exceed your authority and have no right to stop me." One of the boys - I believe it was the one leading the colt - said: "That fellow is not one of the fellows" (surviving brother.) The old gentleman said, "don't have anything to say." I said, "might as well go to town." Old man Paul had the shot gun in the hollow of his arm.
James Roundtree, being sworn stated:
James Roundtree, constable and policeman, Franklin, Illinois. How were you elected? Township vote. Tell the jurors what papers you had. I had a replevin for a colt and mare. Who did they belong to? Milford Paul. I went down to the home and they were gone. I asked which way they went and found out they went to Waverly. I came along the road and overtook them at the Givens Hill. How far is that between Franklin and Waverly? About half way. I took my horse and tied to a pole and took the papers out of my pocket and the old man rolled out of the wagon. I had the papers in my hand. He had a double barrel shot gun and commenced to load it. I could not see which he was doing, putting shells in or putting caps on. How many were in the wagon? Four. The old man was on the west side of the road. The old man said "Better go on, I am from Missouri." You got into the buggy and left? Yes sir. How close was you to him? About ten feet. Was this the gun? Yes sir. When you left them where did you go? Waverly. What did you do? Got Joe Lombard. Where did you go? Back there and met them on the road. Joe called to Paul and went to talk to him. He had the gun over the left arm. He told Joe and me we had better go on. Joe said, "hold on, Paul," and he moved on and we started back. What did he do? Had the gun across his arm. I came up to the office and swore out a states warrant for him. State what you know with reference to the warrant. I went and gave the papers to the deputies. Turner and two or three more men started out in a buggy and went out east. Just as I get to the hill I heard the shooting. The first thing I saw was the smoke. Just as I got up on the hill I saw one of the fellows was shot. I saw those two fellows lying down, and then this man right here (Turner) took the revolvers away. Who did they take the revolvers from? These two fellows; one from each of them.
The above evidence was taken in shorthand by Robin Etter at the inquest, translated and at our request furnished it to us for publication.
Funeral services are held.
The funeral of the two men was held at East Cemetery Wednesday at four o'clock p. m., conducted by Rev. C. M. Barton of the M. E. church, and a choir. The services were attended by a large concourse of sympathizing friends, and the scene at the grave was the most pathetic ever witnessed by the city. As the bereft mother and her sons were weeping over the sad departure, it touched the tender and sympathetic hearts of all and scarcely a dry eye was to be seen. The kind old mother and her sons, though total strangers, have been shown every kindness and respect at the hands of the citizens in the time of trouble, and the caskets were covered with beautiful flowers by the ladies. Money and assistance have been tendered them on all sides, and while they have met with this sad misfortune, they never can forget the treatment received from friends who are friends in deed, and friends in need.
The Emporia Gazette Wednesday Evening, December 27, 1916
Body Was Horribly Mutilated, and He Died Almost Immediately - He Was 35 Years Old and Leaves a Wife and Three Children
Milford Paul, a car inspector helper in the Santa Fe yards, was killed about 7 o'clock last night when he fell beneath an engine in the railroad yards north of the round house. His body was badly mutilated and he died about five minutes after the accident.
No one saw the accident. According to J. A. Wood, night foreman of the roundhouse, and one of the first to reach Paul after he was run over, Paul evidently had been riding on a step at the side of engine No. 582. As he dropped from the engine he stumbled and fell beneath the wheels.
Paul's right foot was cut off and his shoulder was almost ground off. Every rib in his body was torn from the spinal column and his head and back sustained severe tears. A knee was broken and his face was badly bruised. A doctor was called, but Paul was dead when he arrived. Will Lyon was the engineer on the engine which ran over Paul.
Elias Milford Paul was born in Kentucky in 1881. When he was 22 years old he moved to Illinois and lived for short periods in Missouri and Arkansas, coming to Kansas five years ago. He moved to Emporia October 12, 1914. Mr. Paul was married in 1907 to Lizzie J. Parson, in Springfield, Ill. He is survived by Mrs. Paul and three children, Earl, Leona and William. His mother, Mrs. M. E. Bradshaw, lives at Exeter, Mo., and two brothers, Albert Paul and Wesley Paul, live in St. Louis. He is also survived by a sister. Mr. Paul was a member of the K & L of S. Funeral arrangements have not been made. The Paul home is at 401 West Street.
Coroner D. L. Morgan was called and at 2 o'clock this afternoon an inquest was held over the body in the Hardcastle and Kenyon undertaking rooms. The substance of the verdict was that Paul met his death by being struck by a train - that his death was accidental. Members of the jury were George Lockwood, T. E. Childress, Steve Hinshaw, Dan Dryer, Daniel Burke and Hugh Hinkle.Submitted by: Jim Paul