Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1907-08-01
IRONTON. MO. AY.AU 1907.


A change of venue was granted |
the defendants from Iron county
to Reynolds county, which adjoins !
Iron county, and where practically |
the same feeling existed against
the defendants. A short time
after the homicide, and while the
feeling against the prisoners was
still intense, VIM. Spaugh was put
on trial. The jury returned YER
dict of guilty of murder in the
first degree. Some months later
Arthur Spaugh was tried. He
took the witness stand in his own
behalf and stated that he fred the
shots that killed the sheriff; that
VIM. Spaugh, who had been pre-
viously convicted of murder in the
first degree, was unarmed and re-
treating from the sheriff at the
time he, Arthur, fired the shot.
The jury in this case returned
verdict of murder in the second
degree and fixed his punishment
at confinement in the penitentiary
for term of 55 years. The mother
was later put upon trial, resulting
in sentence of ten years in the
penitentiary, and at the second
trial she was acquitted. She was
charged with having melted and
inspired the boys to take the life
of the sheriff.
The situation, therefore, is, this
defendant was charged with con-
spring with Arthur and his moth
er to commit murder in the first
degree. One OF the alleged CO.
conspirators, his mother, was ac-
quilted entirely; the other, his
brother, Arthur, was acquitted by
jury of murder in the first de-
gree and convicted of murder in
the second degree. So William
Spaugh alone of the alleged con-
spirators was convicted of murder
in the first degree.
There was introduced in evil
; dence confession alleged to have
)
) been made by VIM. Spaugh to the
i posse that captured him. In this
confession he is quoted as saying:
81 shot him in the head with a
t Winchester rifle, and bent the
> barrel over his head" How the
+, barrel of a Winchester rifle could
l be bent by striking human head
t is difficult to understand, especially
1 as the skull of the deceased showed
, no evidence of fracture that hard
} blow with heavy instrument
would produce.
1t would seem to be an injustice
, for VIM. Spaugh, whom Arthur
. Spaugh testifies did not fire the
0 shot that killed the sheriff, and
Q who it seems was unarmed and
n backing away from the sheriff at
the time the sheriff was killed, to
i be hanged, and his brother, Arthur,
u who really did the killing, and is
: the more guilty of the two, only
t receives 55 years in the peni-
: tentiary. If both Arthur and Will
o liam Spaugh had been convicted
= of murder in the first degree, and
it the cases were before me on ap-
o plication for commutation, VIM.
n Spaugh, under the facts, would be
o the more deserving of clemency
o and if either were allowed to hang
% it would be Arthur. The mere
n fact that Arthur Spaugh received
i a less sentence than perhaps he
y should have received would moi
n justify the taking of the life Of
ii VIM. Spaugh as vicarious atone.
of ment for this crime, for which the
one most guilty was only given &
r, penitentiary sentence. If William
Or Spaugh should not be hanged
9r had Arthur Spaugh been executed
j. for this murder, William Spaugl
l. should not be hanged simply be-
of cause Arthur Spaugh escaped ex'
l. ecution.
n, Believing that the demands o
ID justice will be fully met by con
IN fining this defendant in the peni
l. tentiary as long as he lives,
III therefore hereby commute th'
n, sentence of William Spaugh, Jr.
l /; from death to imprisonment il
re the Missouri State Penitentiary fo
90 life. Issue accordingly.
le Respectfully,
,o JOS. w. FOLK, Governor.
y A Well Known Fact