posting a $50 reward for the gang and that law enforcement officers were planning to establish a central headquarters from which to direct the manhunt. Following the announcement of a state reward, Union County Court contributed $1000 and Citizens1 Bank of Tazewell offered $250.
On New Year's Eve, 1936, the pair was spotted in Jefferson County near White Pine. Tensions mounted, causing Frank Quarrels, Sheriff of Jefferson County, to keep a squad of deputies near the home of Dan McCoig, Gus' father. He was hoping to catch him visiting his family. One evening while Quarrels was making an inspection near the McCoig home, deputies mistook him for McCoig and opened fire on him. He narrowly escaped with his life.
McCoig and Dean were again seen in Jefferson County on January 13, when they flagged down Frank Park, a Jefferson County attorney, while he was driving on the highway. They asked him news about the search for them. They dropped out of sight until February 7, when a lone bandit held up the bank at Whitleyville, Tennessee just south of the Kentucky border and fled with about $500. An hour later Sheriff 0. H. Philpot and two deputies stopped an auto on the highway near Gainesboro, twelve miles south of Whitleyville, and began questioning the driver. The young man gave a straight story and the officers were about to wave him on when the sheriff opened the glove compartment and saw two forty-five caliber automatic weapons.
The driver of the car identified himself as Pete Dean and admitted he had been traveling with Gus McCoig. While searching Dean the officers found the bank money in his possession. Dean indicated the robbery was intended to finance a trip to Mexico. Prior to Dean's capture law officers learned he had married Trula Hinds, a Rockwood high-school student. For the wedding Dean used the alias Tom Woods. Their information indicated his bride had not suspected his true identity. In the interrogation of Dean it was learned that McCoig had gone back home. But the next evening Sheriff Walter Hill of Crossville, Tennessee received a call from Thomas F. Dukes, owner of a tourist camp at the town limits. He related to the sheriff that McCoig was staying in one of his cabins. When the sheriff and his deputies arrived Dukes and his wife follow the lawmen to the cabin. Nearing they heard someone strumming a guitar and singing, prisoner's song. Surrounding the cabin the sheriff signaled to one of his deputies and he thrust a rifle through one at the windows and shouted for the occupant to stand where he was. At the same time the sheriff burst in the front door. McCoig unarmed pointed to two forty-five caliber pistols on the bed and promised to cause no trouble.
The trial for the three began in Maynardville at eight o'clock on the morning of February 23rd. Dean had three lawyers: J. W. Cooper and Charles Kelly of Knoxville, and Charlies H. Kitts of Maynardville. McCoig was represented by attorney E. E. Caswell of Sevierville, the former district attorney general. James P. Kivett of Tazewell defended Hopson.
The prosecution was represented by Attorney General J. W. Wolfenbarger of Rutledge, Hal Clements Sr., and Hal Clements Jr., who were employed by J. W. Hutcheson, brother of the deceased sheriff. The trial was presided over by Judge W. P. Monroe of Maynardville. The tedious process of selecting twelve jurymen from 321 person called from a panel of 600 was time consuming. On the bench before Judge Monroe was a law book, a gavel, a large tin bucket filled with water, a dipper, and Deputy Sheriff Bailey's black felt hat. The felt hat played an important part in the legal procedure. The names of seventy-five prospective jurors were placed in it before Baley began the selection. Only four of the first seventy-five names called were seated. Challenging the veniremen was an involved affair, with council for each defendant standing on a right to challenge individually. Both McCoig and Dean exhausted their challenges, while Hopson retained four challenges when the jury was selected. When substitutions were made at the last minute, one because of a defense challenge and the other by agreement, General Cooper found several reasons for dismissing the entire panel, but was overruled.
When the jury had been selected McCoig remarked that there were "three tough ones on it.N Hopson said, "it isn't so bad," while Dean made no comment.
The seated jurors were John F. Bridges, a merchant, and eleven farmers: Esker Archer, John Beets, Palmer Sharp, John Miller, Luther Harmon, Dewey Raley, Lee Taylor, Curtis Booker, John Baily, Spurgeon Mynatt, and Will Sorum.
A motion to change the venue for Dean was overruled. At 1:30 o'clock in the evening formal pleas were made: Dean pleaded not guilty and insanity; Hopson pleaded not guilty, insanity, and coercion; McCoig pleaded not guilty. The jury was sworn in at 3:12 in the afternoon.
J. W. Hutcheson, of Knoxville, brother to the slain sheriff, and Sheriff Della Hutcheson, widow of the slain Hutcheson, were the first two witnesses called. Their testimony was brief, relating only of notification of the shooting and later news that the sheriff had died.
Austin Matthews, deputy sheriff of Union County, was the third and most important witness. His testimony as an eye witness was recorded in the following manner: "We had word that they (the hold-up men) were headed toward Maynardville after the robbery at New Tazewell. Sheriff Hutcheson and I started out to meet them. About seven miles north of Maynarville and a mile north of Clinch River bridge, we met a car which we recognized as theirs. We turned around and trailed it. We were just trailing along behind until we came to the bridge a mile away. They must have recognized us, because they stopped their car on the bridge. We caught up with them. Two of them got out of the car, and I pulled on the brakes. A third bandit stayed in the car. The two who got out started shooting at us. The door glass flew out of the car. We got out. The sheriff and I returned the fire. The sheriff fell shot through the head. I had only one bullet left in my pistol, so I threw it to them and put up my hands. They took the guns off us. A greyhound bus, driven by a man we called 'Red' drove up to the bridge just as the shooting ended. The bandits made me walk behind the bus. Then they got in their car and left. I put the wounded sheriff in my car and dove to Maynardville with him as fast as I could. He was transferred there to another car. (Sheriff Hutcheson was transferred to an automobile owned by the U. S. government and driven by C. M. Pinson, an associate land buyer for TVA, to Hall's where he was met by an ambulance. Hutcheson was taken to Knoxville General Hospital, where he died).
Percy (Red) Travis testified that he was the Corbin-to- Knoxville-driver referred to by Mr. Matthews. He was held at gunpoint by the bandits after Sheriff Hutcheson was shot. From Travis' story the sheriff was shot as he stepped from his car at the Clinch River bridge. He fell from the right hand door of his car. The bandits then halted the bus and compelled the passengers to lie on the floor of the bus before continuing their flight.
Called to the stand was Lee D. Stone, sixty-seven year old president of Citizens Bank at New Tazewell. Although he made some errors in identifying the robbers by name, he was allowed to continue his testimony. He was halted at five o'clock that evening, but was scheduled to continue testimony the following day.
Scores of character witnesses testified along with law officers, teachers, doctors, psychologists, acquaintances, and other regarding the life and crimes committed by the trio. The trial lasted six days. During the closing arguments three defense attorneys spoke almost an hour each for their defendants. Cooper, council for Dean, submitted a list of instruction he wanted the court to give to the jury but Judge Monroe refused.
Attorney General Wolfenbarger had the last word. In a closing argument that lasted one hour and six minutes, he made an impassioned plea for the death sentence for all three. He said, "If your verdict is just," he shouted, "then honor, glory, and praise will descend upon you twelve men as on no other men in this county. If it isn't condemnation will fall upon your heads, and rightly so." The case went to the jury on February 28, 1936 at 6:45 in the evening. Judge Monroe's charge to the jury was long and detailed and consisted of eighteen typewritten pages. He took into consideration Dean and Hopson's insanity pleas. On the following morning, February 29, the jury first came out at 8:30 and reported it had found the three defendants guilty of first degree murder. Judge Monroe sent them out to deliberate sentencing. The jurors walked to the edge of a sage field about two blocks from the courthouse and by 9:10 returned to the courtroom. When they took their seats they were again asked if a verdict had been reached. Spergeon Mynatt, the jury foreman, said, "We have." Judge Monroe asked for the verdict and Mynatt replied, "Electrocution for all three." As the words of the jury foreman were spoken Dean and Hopson smiled faintly, but McCoig reflected a serious expression. A second later he smiled and then he and Dean laughed.
On the morning of March 5, 1936, Gus McCoig, Pete Dean and Frank Hopson, East Tennessee's happy-go-lucky troubadour-bandits, were asked to stand at 10:27 o'clock before Judge W. P. Monroe in the Union County courtroom to hear their death sentences. McCoig was first, and he literally leaped to his feet and stood with his hands thrust far down into his trouser's pockets. Dean and Hopson soon followed. Dean held his hands folded at rest in front of him while Hopson leaned against a table. Each looked directly at the judge who was brief and to the point. Each was to be electrocuted on April 15, and was to be taken to the state penitentiary to await the carrying out of the sentence.
When the judge finished, McCoig smiled and said, "Thank you judge." Later he said, in commenting on the sentence, "This is just a kangaroo court anyway." Dean turned to McCoig and said, "They made it pretty quick." Hopson made no comment. As the prisoners were being handcuffed by Sheriff J. Wesley Brewer in preparation to return to the Knox County jail, Hopson's mother went to the floor in tears. She clutched desperately at her son's hand. "God have mercy on you and keep you, I know you are not guilty." The son said, "I'm not worrying now and you mustn't worry." The mother of McCoig stood behind her tall son, her eyes filled with tears. She said, "I pray to God for the strength that He has for those who need it."
While leaving the courthouse, Sheriff Brewer told reporters he planned to have McCoig, Dean, and Hopson in the state penitentiary sometime Friday. On their way to Knoxville the trio munched peppermint candy given to them by Brewer. On arriving in the city shortly before noon, the prisoners told the sheriff they were in the mood for chicken dinners." The sheriff obliged by joining the trio in a lunch of chicken and dumplings at a downtown restaurant.
On the eve of their departure for the penitentiary Gus McCoig spoke for himself and his two confederates in crime in praising Sheriff Brewer and his deputies. "We've been treated better here than at any jail we've been placed in. No one has tried to rough us up just for the fun of it, and we have no complaints to make."
During the closing of the trial, council for the three gave notice that they would carry an appeal to the State Supreme Court. They met in Nashville on December 11, and argued before the court for a new trial. The state called Judge Monroe and Attorney General Wolfenbarger to Nashville, where they were affirmed of the decision of Judge Monroe's court, but announced there were "mitigating circumstances" sufficient for the governor to commute the sentences of Dean and Hopson. Monroe and Wolfenbarger decline to intercede in behalf of the two men in their meetings with the court and governor.
Three months into the new year newly-elected Governor Gordon Browning announced on March 9, that he would commute the death sentences of Dean and Hopson for the murder of Sheriff L. B. Hutcheson to life sentences based on the mitigating circumstances. Browning said he would not interfere in the electrocution of their co-defendant, McCoig, whose execution had been delayed a year, but was now scheduled for April 8th.
Following the governor's announcement, McCoig was interviewed by reporters and asked for his comment on the decision. "If they kill me, they ought to kill them. As I understand Tennessee law, each and all of us are guilty. He repeatedly claimed he didn't know which of the trio killed Sheriff Hutcheson. "We were all shooting. If I did it, then everything is all right, but if I didn't, I'm not getting justice. I believe in letting the law take its course. Later he said, "It wouldn't help any to take them with me."
The day before McCoig was scheduled to die in the electric chair the widow of Sheriff Hutcheson and three of her children traveled to Nashville in hope that they could witness the execution. When they arrived they were told by prison officials that state law denied anyone other than the warden, his assistant, and a sheriff from witnessing execution. They were permitted to observe McCoig for nearly fifteen minutes during an interview.
Looking behind prison bars the family did not see the brave and smiling McCoig that prison officials had known for many months. Instead, they saw a youth of twenty-five, with his head shaved, who admitted to being nervous. At first McCoig did not recognize the Hutcheson family standing in the dimly lightedcorridor outside his double-barred cell. After being told who they were, he rose from his metal bunk and with a trembling voice, said, "I'll swear." None of the family spoke during the meeting, but all of them looked at him closely. He clutched the bars of his cell with both hands and with downcast eyes continued to speak. He said, "I am sorry it happened--I am sorry for the whole thing--it didn't happen because I had it in for him--it's sad." He coughed nervously between almost every brief statement. After a few seconds he again attempted to express his regret to the family of the man he had killed. "I am not sorry just because I got the chair. I am sorry because he's gone. I really hate it--I hate it in my heart. I never intended to kill anyone." As they left, Minnis Harvey, Hutchison's son-in-law, asked McCoig if he would tell what became of the sheriff's gun. "I think it was knocked off in a river. We never got it," McCoig replied.
On the morning of April 8th, McCoig lounged against the bars in his cell in the death house at Tennessee State Prison and waited for the prison clock to tick to 5:00 o'clock in the morning. To McCoig all the calenders and clocks in the world would stop at that hour. A year-and-a-half had passed since he was convicted of killing the high sheriff of Union County and now the results of that crime bore down on him. I hate to die," he told reporters fifteen minutes before his death, "but I'm ready and not afraid to die." He ate nothing in his last twelve hours, prefering to smoke and pace his cell when not talking to the chaplain or other clergymen who visited him during his final hours.
The hour approached and the few short steps to the chair were accomplished. The prison chaplin read the 23rd Psalm to the smiling McCoig, as he was strapped in the chair. The first and only charge of electricity was sent through his body at 5:22 o'clock and a minute and a half later he was pronounced dead by the prison doctor.
Horton's Funeral Home in Morristown claimed Mccoig's body. Funeral services were held on April 9, 1937, at Chesnut Hill Methodist Church in Jefferson County, with burial in the church cemetery. The Rev. Harold Davis officiated with more than a thousand people in attendance.
Compiled from newspaper clippings kept by Doctor Pat Palmer of Maynardville, Tennessee -WGT
For more information on this article or any article or publication of the Union County Historical Society please write them at:
Union County Historical Society
P.O. Box 95
Maynardville, TN 37807
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