The Birmingham age-herald., 1911-09-12
Three Notable Cases of the Death Penalty in Jeffer-
 fers0n County Courts
HAWES, BYARS AND
 SCROGGINS HANGED
Beattie Case Has Caused Frequent As sertion That Man Not Be Hanged in Alabama on Circum-
 stantial Evidence

| ginia of Henry c. Beattie, Jr., of wife murder on circumstantial evidence. il has been frequently stated by various persons in Birmingham that no one has ever been convicted and executed on circumstantial evidence in Ala bama. An investigation of the ques- tion shows that there have been many such cases, and three particularly noted cases are recalled by Judge c. W. Fer guson of the city court in which mur- derers were brought to the gallows convicted by the circumstances of their crimes.
 | The first of these cases Is that of Dick Hawes, who killed his wife and two daughters and threw their bodies in the lakes at East Lake and Lake, view
 ''Dick Hawes," says Judge Ferguson, | ''was indicted for the murder of his daughter, May Hawes, by drowning or strangling. The body of the girl was found floating in the lake at East Lake on December 4. 1888.
 "The evidence before the coroner s jury tended to show that she came to her death on the evening or night of Monday, December 3, at the hands of her father.
 Circumstances Surrounding Death
 "On the trial of the case in April 1889, the evidence on the part of the state tended to show that May Hawes came to her death on December 3, 1888; that the defendant was seen that night at the house of Fannie Bryant, a negro woman, afterward con victed as an accessory before the fact in the murder of May Hawes. and the wife of the defendant; he called for May Hawes at Fannie Bryants house, which was in the neighborhood of the Hawes home, and went with her in the direction of the dummy line; that a few minutes afterward they were seen to board a Highland avenue dummy at Lakeview, short distance from Fannie Bryant's house. and come in the direction of Birmingham, and were seen to get off short time af- terward on the same night they were seen on the East Lake dummy line travelling in the direction of East Lake where they got off at the pavilion that he was seen within one hour after this time on East Lake dummy coming in the direction of Birmingham without the deceased, and that he alighted in the city.
 "The evidence showed that Hawes' wife, Emma, and other daughter, Irene, came. to their death near the same time in substantially the same manner under circumstances tending to | show that they were murdered by the defendant The state also proved the defendants declarations to different persons that he had placed his little girls in convent at Mobile, had se- cured divorce from their mother his wife, and was to be married again on Wednesday in Mississippi, and had at boarding house It was shown that he had consulted a lawyer a short time before with reference to securing g a divorce.
 | "It was also introduced in evidence that a search had been made by police officers of the defendants house and that there were appearances therein Indicating that a, bloody struggle had taken place there. Other suspicious cir cumstances induced a search for the bodies of Mrs. Hawes and Irene Hawes | in the lake at Lakeview, about 300 yards distant from the house in which the Hawes family resided. "The lake was drained and the bodies of Mrs. Emma Hawes and Irene Hawes were found in the deepest part of the lake, weighted down with iron. It ap- peared that they had been killed before | being placed in the lake. The lake was drained two or three days after the find- ing of the body of May Hawes in East Lake.
 '.The motive relied upon by the state for these murders was the desire of the defendant to be rid of his wife and chill dren in order that he might marry a young lady in Mississippi. which he did ron December 5, 1888, the day after or the same day on which, the body of May Hawes was found In East Lake. Hawes was arrested on the train in the company of his new wife on the same day that they were married.
 There was one other member of the Hawes family. little boy. whom it seems, he desired to protect. as he sent him off shortly before the tragedies to a relative in Atlanta.
 e"Hawes was convicted in the lower court and sentenced to be hanged The case was appealed to the supreme court, l which affirmed the decision of the lower court and he was executed on the 2Sth day of February, 1890.
 Case of Will Scroggins
 "Another case was that of Will Scrog- gins. who was tried and convicted of the l murder of S. Shutk, a Jewish peddler. fin the neighborhood of Watts mines and Warrior some time in January or Feb 1 ruary, 1892.
 "Scroggins was in the employ of a man living near Warrior, in whose house the deceased spent the night before he lwas killed. The evidence on the part of the state tended to show that the old ped dler displayed the contents of his packs to the people of the house, among them Scroggins, who expressed desire to buy certain small articles that seemed to | attract his attention, but stated that he had no money With which to buy them. The old peddler the next morning de- clared his intention of going to Watts I mines, three or four miles away, with the purpose of selling his goods. De ferdant Scroggins volunteered or agreed to go with him. Before starting out in company with the pedoler, he procured the loan of double Barreled shotgun