Mountain advocate., 1922-01-06
THE DILLMAN TRIAL

The examining trial of Burnie
Dillman, charged in connection with
the killing of James and Alton
(Chick) Bodkins and Tom Poin-
dexter at Elys on Christmas after
noon, when Russ Baker was also
killed, was held before Judge J. d.
Tuggle at the Court House Friday
afternoon. The prosecution was in
the hands of County Attorney ]. S.
Golden and Attorney r. N. Jarvis.
Black and Owens had charge of the
defence. Both cases were heard
Jointly. After the witnesses had
been heard Judge Tuggle held Dill
man over to the grand jury in the
sum of $4,000 in connection with
the death of Tom Poindexter, clear
ing him of the charge so far as the
Bodkins deaths we're concerned.
The first witness was F. F. Mccoy
who had been a guest of the Bod
kins family for three nights and had
eaten dinner there Christmas Day.
The witness was asked to draw
diagram Of the scene which was used
during the whole trial.
Mr.. Mccoy stated that Tom Poin
dexter fired the only bullet he had
in the gun he was carrying into
zinc tub, by the first of four or five
cars which were on the railroad
track some 800 TO 400 feet from the
Commissary. The officers, Baker
and Dillman, were probably 400 it.
down the track toward the depot,
having passed the boys some time
previously. They set their grips
down, turned and came back. Wit
ness continued on after the shooting
into the tub and met the officers
some distance down the track. The
witness told the officers the shot was
a firecracker, but they went back to
the group, both putting their pistols
on Virgil Bodkins and telling him to
take his hands out of his pockets.
He looked back and saw James Bod
kins, the father, Join the group. He
could not say he saw the officers
search the others. James Bodkins
threw out his arms about the time
the shooting commenced. He could
not say who fired the first shot, but
first man shot was James Bodhins
who was on the track near the grn.
The Bodkins home is about 800 feet
away from the scene of the killing
across to the left of the Hollow. Wit
ness saw James Bodkins throw his
arms around someone. Did not sec
others killed. Saw some fellow
lodging behind the car who wore a
white hat. After the shooting he
saw a knife by the body of James
Bodkins, double bladed, bone hand
led, 21A to 3 inches long in blade.
Did not see blood on it. Did not see
Bakers body. Saw coat cut in the
back. Seven to ten took dinner at
the Bodkins' besides himself. Was
a small quantity of whiskey in
gallon fruit jar. Did not see any OF
the fellows drinking. Saw Tom Poin-
dexter with gun. Heard nothing
said about guns OF the officers. Had
heard of shots being fred at depot
when officers got on train in morn
ing. Did not examine bodies to de-
termine size OF guns used. He tried
to grab pistol and prevent Poindex-
ter firing.
After killing saw a gun lying by
Alton Bodkins, a SS special. VIM.
Lawson picked up a 3S special and
came up railroad with it. Witness
illustrated where Alton Bodkins and
Tom Poindexter lay after being shot.
Witness took the pistol he found to
the Bodkins home and went from
there TO Pineville. Heard some mere
shooting after the killing, but did
not see one Of the Bodkins boys do
any shooting or come up the road.
Did not hear him make any state
ment on his return from Pineville.
Did not hear Ed Suttles make any
statement about defendant.
r. N. Jarvis developed the fact
that PoindeKter fell over bank
about five feet high after the shoot
ing. He said that Noah Smith found
Poindexter's pistol in the second gon
empty, after the killing. He did not
know how many pistols Dillman was
shooting. Poindexter's body was