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FULTON COUNTY ARKANSAS GENEALOGY TRAILS

1912 DREW STRAWS TO NAME MURDERER

Contributed by Christi Scovel

James Eliphas Davis--1912 Drew Straws to Name Murderer

In Fulton Circuit Court Wed. a continuance was granted until next term in the case against Howard Sayers for the killing of Charles Moore last Feb.  near Mammoth Spring and Dr. H.M. Jones was granted bail in the sum of $3,000.  The following confession and signed statement was given to the public today by J. E. Davis  who pleaded guilty to murder in the second degree for the killing of Moore and was sentenced to twenty-one years in the pen:  "To the public, I, J. E. Davis, make this statement freely and of my own account without expecting any remonstration from any source.  I have entered my plea of guilty of killing Charlie Moore have taken my sentence to the (unreadable) for the extreme limit of the law.  During the winter of 1911 and 1912, we, H.M. Jones and myself, incurred the displeasure and hatred of one Charles Moore.  He has sworn to kill us.  He was a dangerous man, as he had killed several men before, and as he always went heavily armed.  Knowing this H.M. Jones, Ben Jones, his son and myself often talked and conspired together to kill Charles Moore.  Moore had nothing against Sayers and Sayers had nothing against Moore.  Sayers was simply a tool in the hands of Jones.  On Feb. 15, 1912 at Jones's house in Mammoth Springs, H.M. Jones framed up how we should kill Charles Moore.  After discussing the mattter Sayers spoke up and volunteered to take part in the killing.  Straws were drawn between myself and H. M. Jones as to which one of us should go with Sayers to do the killing and it fell on me, and I and Sayers got the guns that H.M. Jones furnished us to do the crime with.  We proceeded to and did kill Charles Moore, as we planned and framed up by Jones.  I was indicted by the grand jury and placed in jail for a few days, and on the day I employed an attorney to defend me I was taken to the pen at Little Rock for safe keeping.  I was brought back from there on Sun. before circuit court and had no time to prepare any defense and my attorneys tried in every honorable way they could to get my case continued so that the strong feeling against me could be altered until I could get a fair and impartial trial.  They also tried to get the venue of my case changed, and they also tried to get even four weeks time in which to prepare my defense, but the court fought them down at every step they took for me.  I know I did wrong in the killing of Moore, but he made so many threats against my life that acting under the directions of H. M. Jones I did not think it wrong to go into the conspiracy to kill him, but I did expect to be treated right by the court.   I have no complaint against C. E. Elmore, the prosecuting attorney.  He did simply his duty, but after I had walked up and taken my medicine like a man making penance for a crime I had done, I did expect the circuit judge to put Sayers and Jones up for trial too.  Mr. Elmore tried to have this done.   I wanted nothing but fairness and had a right to expect that we would all be treated alike.  The cases of Sayers and Jones were continued until the regular term of the court, which puts them off for six months.  The same crime remains for the court to try them that was left and set apart by the court to try me.   Why the court did not want to put them up against the same proposition he was putting me up against I can not say.  It remains to be answered in a way people can only conjecture.   Had Sayers been tried at the set term he would have been convicted.  People of Fulton, he will never be now.  Look out and see if the words do not come true.  Look to the surroundings and think it over.  There was no just cause shown to the court why we should have been discriminated against.  They are as guilty as I am.  They should suffer as I will have to suffer."  J E Davis
--From the Oregon County, MO-"In The News and Cemeteries." (Note:  The murdered man, Charles E. Moore was buried in the Davis Cemetery)  


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