Patrick County Virginia USGenWeb Archives News.....TURNER-SHELTON CASE WILL REACH THE JURY TODAY March 9, 1928
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Ron Martin cindyandron@bellsouth.net March 11, 2022, 10:22 pm

The Danville Bee March 9, 1928
               TURNER-SHELTON CASE WILL REACH THE JURY TODAY

                 ACQUITTAL IS PREDICTED IN MURDER CASE
State Case Is Admittedly Weak and Not Guilty Verdict is Generally ExpectedJury 
       Expected to Get Case This AfternoonTrial Has Been Swift One

(Special to the Bee)  The trial of Ora Turner and Ernest Shelton charged with 
the killing of David and Maynard Cox at Fayerdale in February, 1927, was nearing 
its closing stage when court reconvened after lunch today and the jury was 
expected to have the case by 4 o'clock.   It is generally predicted that an 
acquittal will be forthcoming since the state's case is admittedly weak.
  The two highlights of the trail today were: first, the defense proved that 
David Cox, the only man whose murder is up, was killed by a .45-caliber bullet, 
a larger caliber than the weapon carried by Shelton and Turner; second, that the 
state has proved by eyewitness that powder burns were on the shirt of Dave Cox, 
showing that he was shot at short range or by Turner Hall.   The evidence was 
completed shortly after noon and the instructions were given by Judge Turner 
Clement at 12:30 o'clock.  The final arguments will last two hours and the case 
should reach the jury by 4 o'clock.

  Ora Turner, one of the defendants took the stand this morning and corroborated 
Ernest Shelton in his recital of what occurred at the scene of the shooting.  He 
testified that Jack Hall deputized him to go with him to the home of John Chaney 
to arrest David Cox.  He said they found David Cox asleep on the bed.  They woke 
him up and he was told of the warrant of his arrest, whereupon Cox reached for 
his gun.  The witness stated that Cox was disarmed and had prepared to accompany 
the officer when Maynard Cox entered the room and shot Hall.  No words were 
passed.   He then grabbed Turner Hall and tried to get his gun.  Hall though 
mortally wounded, twisted the gun from the hands of Maynard Cox and shot and 
killed David Cox.   The witness said Ernest Shelton then shot and killed Maynard 
Cox.   He testified that 25 or more shots were fired.

  After the stated had failed to produce any evidence that Ora Turner fired any 
of the shots, the defense moved to strike the case off but Judge Clement 
refused, ruling that the case must go to the jury.

  Sheriff F.D. Mays was also a witness and testified that Dave Cox was killed 
with a .45 caliber bullet which aided the defense case considerably since it was 
a .38 caliber weapon that Turner carried at the time.   Dick Giles testified as 
to the bullet holes in the body of David Cox.

  The state introduced a surprise witness in rebuttal.   He was Charlie Cox, 
uncle of Dave Cox.  He testified that a few days before the killing, Turner 
Hall, one of the men shot dead told him that Dave Cox had been accused of 
reporting a still which was soon after seized and destroyed and stated further 
that Turner Hall had told him that he had taken about as much off Dave Cox as he 
could.  This evidence was introduced to show that the entire affair was pre-
arranged and that the wholesale shooting was over the alleged action of Dave Cox 
in reporting alleged moonshine activities to prohibition officers.

(Special to the Bee)
    STUART, Va.  March 9Ernest Shelton and Ora Turner, neither looking to be 
over 20 years who went on trial yesterday charged with the murder of David Cox 
will hear sometime this evening what their fate will be.  When court reconvened 
this morning only two more witnessed were to be heard.   They are Ora Turner and 
Dick Giles.   There are six arguments to be heard and as the instructions were 
drawn last night, the case should repose with the jury by 3 o'clock this 
afternoon.

  This is one of the few murder cases in which nearly everybody says an 
acquittal is the fate.

  At the outset yesterday it was made clear that it was not the intention of the 
state to ask for the electric chair verdict.  The state case is admittedly weak 
and has failed to develop the strong points that were anticipated.  The 
principal difficulty is that the bullet identified as that taken from the 
clothing of Maynard Cox was of .45 caliber and it has been shown that the two 
defendants used lighter weapons on the Sunday afternoon of February 6th when at 
John Chaney's home at Fayerdale the shooting occurred.  At least five guns were 
brought into play and shot to the exhaustion of every chamber.

  The Shelton-Turner case will also be long remembered as one of such deed as to 
exceed Jersey justice for swiftness.  Although the two men went on trial 
yesterday morning, the jury was picked and sworn, opening arguments were heard 
and seventeen witnessed paraded to the witness chair in record order, leaving 
two defendant witnesses to be heard today and possibly some rebuttal by the 
state.

  As there are two indictments, one for each of the Cox brothers and both could 
not be tried at the same time, Commonwealth Attorney R.E. Woolwine elected the 
state's strongest case in which the death of Dave Cox is an issue.  If there is 
an acquittal it is viewed as almost certain there will be nolle prosequi in the 
Maynard Cox case.   If not then the second indictment will come from the next 
term of the Patrick court.

  The explanation of the high speed with which this case has moved lies in the 
fact that the shooting which laid out three men dead, wounded two more and 
endangered  the lives of 15 children was over and done within less than two 
minutes.  There were only two actual eyewitnesses besides the two Stripling men, 
who had a part in the gun play.   The fact is that they have very little to 
testify to since the scene, to be retold was of such brief duration.  A witness 
goes to the stand.   If he or she knows anything material the interrogation 
proceeds.   If not, the lawyers quickly find out if what they have to say is 
germane and, as was the case yesterday, when they are repeating hearsay, they 
are ruled off the stand.

  The state made an ineffectual effort yesterday to show that long years of 
bitterness had been endured between the rival groups.   Defense objections ruled 
out the testimony.  Even so the Cox murders cannot be laid to a feud in its 
accepted term.   While no evidence of this has gone before the jury, it is 
patent to court listeners that two groups of men fell out about illicit stilling 
and the shooting was caused when Ora Turner, (Jack) Hall, and Ernest Shelton 
went to serve a warrant on Dave Cox for moonshining, not because they felt 
outraged over a law violation but because they wanted to see someone punished.

  Mrs. Josie Wickham presented the strongest testimony for the state yesterday.  
She is a siter of the victims and upon whose evidence the state Is relying.   On 
the Sunday in question, she testified she was in an automobile with Maynard Cox 
on the big road when Euel Nichols came running to the car telling them that 
the three warrant servers are fixing to kill Dave.  Maynard and the witness, 
she testified, jumped from the car and ran to the house 250 yards away.   
Maynard took out his automatic as he went, the sister continued and she was 
close behind him as he went in the door, she testified.  Ernest Shelton and 
Jack Turner had their guns on Dave and Dave was backed up there with his hands 
up and Ernest had his arm on Dave's shoulder, and I said Ernest, please don't 
kill Dave and he fired as she said that.  Then they turned on Maynard and 
Maynard began shooting.  Maynard shot Jack Hall.   Jack shot Maynard.   They 
both fired on him after Ernest shot Dave.

  Under cross-examination it was revealed that Ernest Shelton had his pistol 
touching Dave Cox's side while his hands were up and that when he saw Maynard 
coming in with his pistol he fired into Dave's body killing him.

  Miss Clara Cox, who was also present corroborated her sister but was a little 
confused about the actual position of the actors in the fatal drama at close 
quarters.
  Mrs. John Chaney testified that she, seeing there was going to be trouble as 
Maynard Cox hastened to the house, cleared the premises of a dozen or more 
children spending Sunday there and left herself.  John Chaney, her husband who 
was clipped in the ear with a bullet and got another in the foot running from 
the house, could not testify as to the actual shooting, for he was retreating 
when it happened.  Dr. L.C. Dickerson, the coroner, testified that two bullets 
passed completely through the body, entering under the left arm, the two 
missiles falling out of the man's clothing when he was being stripped.  Arthur 
Wickham, called as a state witness, could testify to no material facts.  Dave 
Cox, father of the victims sought to show that there had been ill feeling 
between Shelton, Turner, and Turner Hall and his sons but this evidence was 
ruled out on defense objection sustained by Judge Clement.   Homer Elgin began 
to testify as to threats made against the Cox brothers but could not be 
sufficiently specific for his testimony to be legal and he was disqualified.  
Jeff Chaney left the stand almost as soon as he took it for the same reason and 
Ada Nichols (a man despite his feminine name) also knew of no material facts.
  These witnesses presented all of the state's testimony bearing on Dave Cox's 
murdernone being presented with reference to Maynard Cox since this indictment 
is not before the court at this time.
  
  Ernest Shelton took the stand late yesterday evening and was strikingly in 
conflict in a testimonial capacity with Mrs. Wickham.  Jack Hall, he told the 
jury had summoned him to aid him arresting Dave Cox.  He said that he had never 
had any trouble with the Cox brothers, bore them no ill feeling and went because 
he was called upon by Hall as an officer to be of possible service.  Dave Cox, 
he was lying on the bed when he, Hall, and Ora Turner arrived.  Hall presented 
the warrant and told Dave Cox his business whereupon Cox asked him to see the 
warrant.  It was being presented when the youth made a dive for his pistol but 
was disarmed before he could use it.   Then, the witness testified that, Cox 
read the warrant and turning to Hall expressed readiness to go with him to 
Stuart.   They had started out, Shelton said, when Maynard Cox suddenly rushed 
into the room with a revolver in his hand and began shooting.  His first shot, 
Shelton said killed Turner Hall, whereupon, Shelton said he drew his gun and 
emptied six chambers all directed at Maynard, most of which hit him.   The room 
was in an uproar and revolvers were speaking quickly and in unison after 
shooting Maynard Cox, the youthful witness said, he turned to see Dave Cox, who 
at that moment had not been hit at all grappling with Turner Hall who was 
mortally stricken.  Hall despite his wound succeeded in freeing his revolver 
shot Dave Cox dead and then fell to the floor groaning to die a moment later.

  There were five funs in the crowd that afternoon.   When the battle was over 
every one was empty which would account for at least 25 shots.

  Other witnesses for the defense were Taylor Rorrer, Sheriff Frank Mays of 
Patrick and Officer O.T. McKay, Emmett Shively, Tom Burnett, and John Foster.  
All of these witnesses testified to the alleged fact that the bullets which 
drilled Dave Cox's body and which were found in his clothing were of .45 caliber
the only gun of that size in the party that afternoon and alleged to have been 
wielded by Ora Turner. 
 
  In the picking of the jury one of the prospective jurors said that he was 
opposed to capital punishment.   The defense breathed a sigh of relief when the 
commonwealth's attorney waived this objection saying that it was not the 
intention of the state to ask for the maximum penalty. 
 
  Among the witnesses called for the defense were:  Dr. L.C Dickerson, county 
coroner; Mrs. Josie Wickham, sister of the Cox brothers; Miss Clara Cox, sister 
of the Cox brothers; Arthur Wickham; David Cox, father of the slain men; Homer 
Elgin, Jeff Chaney and A. Nichols.
  Mrs. Wickham testified that she heard that the Cox boys were being arrested 
and ran into the house in time to see Ernest Shelton shoot David Cox.   Ernest 
Shelton, Ora Turner, and Turner Hall had gone to the home of John Chaney for the 
purpose of placing the Cox brothers under arrest for moonshining.

  Ernest Shelton took the stand in his defense and testified that Ora Turner had 
deputized him to go with him to make the arrest of the Cox brothers.   According 
to Shelton, the shooting began when Maynard Cox ran into the room and shot 
Turner Hall.   He (Shelton) then shot Maynard Cox.   Turner Hall then killed 
Dave Cox, after he had been wounded himself.




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