The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1914-07-15
Remarkable Case Of Erwin Pope,
an Alabama Negro, Convict
ed on Murder Charge
NERVE IS NOT SHAKEN
Nothing Short ofExecutiVe Glen
ency Can Save Him From
Hanging Aug. q

Admission, Ala, July 15.--ProbablA
without a parallel in the annals oi
American courts Is the remarkable
case of Erwin Pope, the Alabama ne
gro who has just appeared in cour
and for the eighth time listened to the
heard tho date set for his execution
For five years the negro has been IN
iail under conviction for the murder
of j. H. McClurkin, white man living
near the town of oxford. He has beer
convicted and sentenced to hang five
times: the case has been before the
and eight different days have been set
for the execution. Through it all the
negro's nerve has never been shaken.
From the day of his arrest he has
maintained his innocence of the crime
charged against him and has eXpres'-
ed confidence in his ultimate acquittal.
The murder of McClurkin occurred
on the night of April 10, 1909. About
midnight the victim was awakened by
the noise of someone robbing his cot
ton gin. He got up, saddled his mule
and followed the robbers wagon to-
ward oxford. The next morning his
body was found horribly mutilated in
a cotton patch on the edge of the town.
In an alley In a negro settlement he
had evidently been hit in the head with
a heavy club. and his skull beaten in
with a large stone.
Only CircumstantiaI Evidence.
Erwin Pope lived in the town of OK
ford about a mile from where the body
was found. He owned "a little farm ia
the country and also ran "a little res
taurant in town. 1t was proved that
ON the afternoon preceding the mur-
der Pope was at the mill owned and
operated by McClurkin and had ex-
changed corn for meal. The principal
witness for the state was a negro John
Body, in front Of whose door the mur-
der was committed. Body testified
that on the night of the murder he was
awakened by the sound of screams and
blows in the alley. He claimed to have
gone to the door, opened ii and looked
out. and swore that he saw two men
struggling and heard voice say, Err
win, Erwin A blacksmith testified
that he discovered the track of a wag-
on leading from the scene of the muir
der To Pope's house. Later a pair of
shoes said To show traces of blood were
found in an clubhouse i'm Pope's yard.
On this evidence, all of it circumstan-
tial the negro was tfied and convicted
Another Negro Is Released.
John Body. the negro i'm front of
whose house the murder was commit
ted, was arrested and held on sus-
picton. After Popo's conviction, Body
was released He Immediately aban-
doned his crop and family and ran off,
and all trace OF him has been lost.
The state and the defense have both
made efforts " find him, but they have
failed.
The lawyers for Pope have contend
ed from the start that Body was the
'N' hi"hf ihtOly Is bdStu
the seeming improbability of Body's
story; on the fact that the murder was
IN front of Body's door; that the club
with which McClurkln was killed came
from wood pile I'm Body's yard: that
the murderer had taken pains To drag
.he body away from Body's door; that
rope had no one-horse wagon, while
body had wagon which exactly cor
respond to the tracks found at the
scene OF the crime: that barefoot
tracks were found at the scene of the
murder, as IL Body had gotten out of
pea and committed the murder; and
'hat the cotton seed which was stolen
from McClurkin's gin on the night of
tne killing was found in an out house
Just back of Body's house.
New Trials Are Ordered.
At the first trial the court permitted
negro witness to describe his own
conduct and actions as proof that
iope was guilty. The supreme court
ne'd that this was an unfair and i'm
p'oper way to proceed against the ac-
'"sed and ordered a new trial. The
9e'ohd appeal was granted on the
s'ound that the defendant had a right
~ nave Body's guilt considered by the
Jury and that the state could not in
uouuce Illegal evidence TO clear Body.
"s singular accident, the court re-
pea'eu at the third trial the identical
..,or II had committed at the second
"'"' ana this resulted in the third re-