“Yes,” answered the officer. “I knew there had been a confrontation between Frank Mullins and Chief Sisemore and that Mullins was gravely wounded. I found Mullins at the Duty House where he had made statements that he was unarmed when he was shot. There were others talking—in the crowd outside—that Mullins was the one who fired shots earlier that night.”
“Is one of the persons you talked to Julius Long?”
“Yes. Julius was in the crowd outside the boarding house. I was told he had information regarding the first gunfire.”
“And what did you do when you learned this?” asked Seals.
“Julius took me over where he had seen Frank Mullins fire his pistol into the air. Then he pointed out the shed by Mr. Grambling’s building and said Mullins had gone into the shed after he fired his pistol.”
“Did you go into the shed, and if you did, what did you find?”
“Yes, I did. And I found several empty pistol shells lying in the dirt.”
“What kind of pistol shells were they?”
“They were .44 caliber shells.”
Wear’s questioning of Edmondson carried an aggressiveness he had avoided with other witnesses.
“You work for the town of Ruston, don’t you, Mr. Edmondson?”
“Yessir, I do.”
“In that capacity, you actually work for the defendant John Sisemore.”
“We work together.”
“But as chief of police, does he not serve as your superior?”
“That’s correct.”
“And I’m sure the two of you have become friends, and you don’t want to see him convicted, do you?”
“Of course not.”
“Even if you had to distort your testimony. Would you do that?”
“Sir, I would never lie in court,” replied Edmondson politely.
“Is it not true, sir, that you did not see the shooting...you did not see the gunfire...you did not see the flame from two guns?”
“Yes, I did.”
“Even if I bring in a witness to testify you were in another part of town at that moment?”
“He would be lying,” answered the unperturbed officer.
Wear continued to push the young lawman but could not force him to change his story.
The defense’s next witness was Victor Smith. After the shooting, Smith had picked up some empty pistol cartridges by the wagon near Gullatt’s where Price had seen Frank Mullins.
George Wear tried to weaken Smith’s testimony by noting no one knew the origin of the pistol shells or how long they had been lying in the dirt.
CHAPTER TWENTY-NINE
Friday, September 16, 1898
Duncan Dowling was not recalled from North Carolina to repeat his testimony from the preliminary hearing. The defense learned Roberts possessed a witness who would declare Dowling had made comments refuting his earlier statements about Frank Mullins. According to the witness, Dowling later claimed he had no idea if Mullins went into the room next door to his at the Duty House.
Instead, another traveler who roomed next to Frank Mullins was located. John Humble testified he spent the night at the Duty House.
“I was in the southeast room on the ground floor,” he answered in response to Fred Price’s first question.
“Did you hear anything outside your room that night?”
“I heard someone walk quickly across the front porch and then some noises in the room behind mine. In a moment, he came back down the porch. Then I heard him come in the front door into the hallway.”
“What happened then?” asked Price.
“There were voices in the hall and then more noise and I could tell something was wrong. I got up and went into the hall and found Mrs. Sherwood and a man helping the wounded man to a bed.”
Price asked other questions about the layout of the building and statements made by Mullins. Finally, he asked, “In your opinion, Mr. Humble, did Mr. Mullins have time to place a pistol in his bed in the room behind yours between the time you heard him go down the porch and back?”
C. B. Roberts rose from his chair. “Your Honor, we must strenuously object to this question. It not only calls for an opinion, but it infers the person heard on the porch was the deceased and there has been no evidence to that effect.”
“Your Honor, I believe any sensible man is capable of giving an opinion as to a length of time,” Price responded. “Our examination of Mr. Humble has shown he is sensible and of sound mind. I would argue he is qualified to give an opinion on such a trivial matter as whether a man had time to reach under a bed.”
Roberts protested, “The question still presumes as fact matters that are merely speculation by the defense. There is no evidence Frank Mullins is the person the witness heard. Your Honor, any answer would be pure conjecture by the witness.”
“I think the opinion of the witness is appropriate on this matter,” Judge Barksdale declared. Turning to Price, he asked, “Counselor, can you revise your question, deleting any reference to Mr. Mullins?”
“Yes, Your Honor.”
“Ask your question and then I will consider the State’s objection. The witness will not answer until I rule.”
Price turned back to the witness. “In your opinion, did this person have time to enter the room behind yours and place a pistol in the bed before you heard him come back down the porch?”
“Objection overruled.” Barksdale nodded at Humble. “You may answer.”
“Yes, he did. I heard him bump or shuffle around in there for a few moments, and it wouldn’t take long to reach under a bed.”
On cross-examination, Roberts forced Humble to admit he did not see anyone in the room or personally know who made the noise he heard on the porch.
Price recalled Mrs. Sherwood to testify the room Humble identified belonged to Frank Mullins and that she observed no one come in from the porch shortly before or after Mullins.
***
The only debate among Sisemore’s lawyers had come during consideration of two potential witnesses. George Simpson and W. S. Hood would testify Frank Mullins attempted to hire Hood to kill Sisemore. The two friends sounded credible under brutal questioning, but they were as unsavory and disreputable as some of the prosecution’s witnesses.
Judge Graham remarked Barksdale might not allow the testimony, especially since Sisemore had not been informed of his adversary’s machinations. “Had John known,” Graham argued, “it would tend to show the great need for vigilance in the presence of Frank Mullins. It would indicate John had reason to fear for his life. Without that, it may not be admissible.”
Edwards reasoned the two men would look out of place among the esteemed men who would testify for the defense.
It was Seals who convinced them that Frank Mullins’s intentions were important, even if John Sisemore was unaware of them. “The jury needs to hear this,” he argued. “The only indication they have of Mullins’s intentions toward John is Fred’s statement of the threat just before the shots were fired. We need to establish Mullins couldn’t find anyone to do it for him, so he decided to kill John himself.”
The decision was made to call the two men, although C. B. Roberts would surely attempt to suppress the testimony.
“The defense calls George Simpson,” announced Seals.
While Simpson walked from his seat in the rear of the courtroom, the district attorney addressed the judge.
“Your Honor, we must object to the testimony of this witness. If it please the Court, I would like to argue my point outside the presence of the jury.”
Barksdale turned to Tom Finley. “The bailiff will please escort the jury out.”
The twelve men followed the deputy to the door as Roberts and Seals approached the judge’s bench.
“Your Honor, if this witness plans to testify as I suspect, I must object. His testimony has no relevance whatsoever in this matter.”
“Mr. Seals, what will be the nature of the testimony?” Barksdale asked. He already knew the
essence of Simpson’s knowledge, having granted the motion to subpoena the witness.
“Your Honor, this witness can testify that Frank Mullins attempted to hire W. S. Hood to murder Marshal Sisemore. We also plan to call Mr. Hood who will testify similarly. This testimony is essential to our case because it shows the frame of mind and intentions of the deceased on the night in question. It also corroborates the testimony of Mayor Price that Mr. Mullins threatened the defendant immediately before the shooting. It also shows the defendant had reason to fear bodily harm from Mr. Mullins.”
“But Your Honor,” protested Roberts. “It is my understanding both men will testify they never told the defendant of this conversation; therefore, he had no knowledge of the alleged plot and couldn’t conceivably fear the deceased based on this alleged conversation. It is not relevant to the matter before the Court.”
“We realize Mr. Sisemore had no knowledge of this attempt to hire a killer, but he was very aware of Frank Mullins’s feelings and had reason to be wary of him. The testimony will show the jury the deceased wished for harm to come to Mr. Sisemore. But our strongest argument is that it corroborates other testimony, specifically that of Mayor Price, when he testified Frank Mullins threatened the marshal when questioned about the earlier shooting.”
“I see no relationship between the two,” Roberts remarked. “Simpson was not there that night. Any statement made to him weeks before does not support the mayor’s story of that night.”
Seals continued his argument. “Your Honor, I believe it does. The mayor testified Frank Mullins threatened and then shot at John Sisemore. Surely, an attempt by Mullins just weeks before to hire a killer would corroborate that testimony.”
Barksdale pondered the issue for a moment. “I’m going to allow the testimony,” he stated, flatly. “Finley, bring the jury back in.”
Once the jurors were seated, Seals began his questioning.
“Mr. Simpson, were you a party to a conversation involving W. S. Hood and Frank Mullins some weeks before Mr. Mullins was killed?”
“Yes.”
“Tell us when and where this conversation took place.”
“It was out in the street in front of Frank’s place. About two weeks before he was killed.”
“Are you referring to the place Mr. Mullins called his photography studio?”
“Yeah, but Frank didn’t make no pictures in there.”
“Tell the jury what Mullins said.”
Simpson looked at the jury for the first time. “Well, Hood and I were just walking down the street, and Frank musta seen us through the window and came running outside. He was mad because Marshal Sisemore had arrested him again, and not only took him before the mayor, but carried him to the federal court in Monroe. He stayed in jail over there awhile and had just got out and come back to town when we saw him. He told us he’d ’bout had enough of the marshal, ’cept he used some ugly words in describing him. He asked Hood if he would kill Sisemore for a hundred dollars.”
“And what did Mr. Hood say?”
“He kinda jokingly said he was too young to die. Said he wasn’t about to go up against John Sisemore. Frank said he’d make it two hundred and Hood still told him no.”
“Did Mullins say anything else?”
“That was mostly it.”
“You say he seemed extremely angry.”
“Oh, yes,” Simpson nodded. “He was madder than an old wet hen. Frank usually seemed pretty happy-go-lucky even when things didn’t go his way. I’d never seen him that mad before.”
***
“You knew Frank Mullins for quite some time?” Wear asked.
“Yes,” Simpson replied. "Several years.”
“Would you consider him a friendly, sociable man?”
“Yes, Frank was a real friendly type.”
“Always joking and having a good time?”
Simpson nodded his head vigorously. “Yep. Sounds like Frank.”
“Is it possible Mr. Mullins was speaking in jest when he talked about hiring someone to kill John Sisemore?"
“I don’t think so,” Simpson replied, measuring his words carefully. “He seemed awfully angry. Angrier than I’d ever seen him.”
“But you’re not sure,” persisted Wear.
Simpson pursed his lips and considered the matter again. “No, I’m sure. He meant it as much as any man would mean it. There was fire in his eyes.”
Hood approached the witness stand as Simpson left it. A tall, wiry man with mousy hair, Hood bore a gruesome scar down his neck.
“It was pretty much like Simpson said,” testified Hood, recalling his conversation with Mullins. “He asked me if I would kill John Sisemore, and I told’em no, I wanted to live a few more years. Even for that much money, I didn’t hesitate.”
“Why do you think Frank Mullins approached you with this proposal?’
“Well, he was definitely seeing red and I may have been the first person to walk by after he got the idea. We’d been friends a long time, so I guess he figured if I didn’t say yes, I’d at least keep it to myself.”
“And did you keep it to yourself?” asked Seals.
“I didn’t tell no one until after the shootin’. I didn’t want to cause any trouble for Frank. I didn’t think he’d find anybody else to take him up on his offer. And if he took on the job himself, well, that’s his business.”
“Perhaps you were in the courtroom earlier when we took to task some of the prosecution’s witnesses for not reporting their alleged conversations with Mr. Sisemore. Why shouldn’t you be reprimanded for keeping silent about this matter?”
“Well, I ain’t never made myself out to be the most honorable man in town. There are some things a man does and says and has said to him, that he oughta just keep quiet about.”
“Are you distraught by the fact that had you told someone about this conversation, your friend may not have died?”
“Like I said earlier, if he decided to take on that job himself, that was his affair.”
The prosecution’s cross-examination was brief.
“Frank Mullins never told you he would kill John Sisemore himself, did he?”
“No, he did not.”
“Did you ever see Mr. Mullins again?”
“Yes, I did.”
“He never said anything else to you on that subject, did he?”
“No.”
“Your Honor, we have no further questions.”
Barksdale glared at the defendant’s table. The four lawyers and Sisemore were conversing in hushed tones, apparently unaware that Wear had completed his questioning.
Barksdale tapped a pencil on his bench. “Is defense counsel ready to proceed?”
Price looked at his associates. They nodded their heads and Price stood.
“We rest, Your Honor.”
***
Stephen Pearce had been selected to give the closing arguments, a role he readily accepted. He took an enormous drink of water and approached the jury.
“Gentlemen of the jury, there is no flawless system for judging the actions of man other than that established by God, but our system is the most nearly perfect of this earth. It allows a man to meet face to face his accusers and permits him to present his own defense and to rely on the judgment of twelve reasonable and prudent men to make the right decision.
“The prosecution in this case would have you believe John Tom Sisemore—a dedicated lawman, a man committed to his family, his church, and upholding the law—would murder, in cold blood, on the streets of the town he swore to protect, an unarmed man. And they have attempted to present evidence to that effect.
“But during the presentation of our defense, I hope it became abundantly clear that the State’s case is fatally flawed. For every statement made supporting the prosecution’s theory, we have presented overwhelming evidence to the contrary.
“I wish to review the evidence and direct your attention to a number of significant points.”
Assume a deliberate
pace, Pearce summarized each piece of evidence and how it tended to prove Sisemore's innocence. Empty pistol shells were found where Mullins had reloaded his gun earlier in the night, corroborating the statements of witnesses who had seen the bootlegger with a gun. Shells discovered by Victor Smith where Fred Price had seen Mullins standing as he shot at John Sisemore supported the mayor’s testimony.
Pearce alluded to Mullins’s previous convictions and attempts to shoot Sisemore. Picking up a bundle of documents from the clerk’s desk, Pearce stated, “I had the clerk pull all the cases in which Frank Mullins was a defendant in this court.” He held the bundle high. “This is the result. Granted, a number of these were dismissed or ended in ‘not guilty’ verdicts.” He glanced at the prosecutors. “And if the State wishes to object, I will sort them and read the charge and disposition of each to the jury. Obviously, Frank Mullins was well known to our law enforcers and they know to use caution in dealing with habitual violators.
“You might have presumed that a dying man might use his last breaths on this earth to tell the truth. That a man going to meet his Maker would take those final moments to set himself straight with the law and the Lord. Surely, he would not face the wrath of God by lying on another man before departing for his own judgment. Frank Mullins lay on his deathbed and proclaimed he was unarmed, that he did no shooting that night, that John Sisemore in fact murdered him.”
Pearce almost whispered his next statement, but its delivery was intense and fiery. “But we have proved Frank Mullins to be a liar.”
The attorney gestured toward Roberts as he continued. “The district attorney says Frank Mullins was an unarmed man. It is on this point, gentlemen, that the State’s case relied. Look how many witnesses they brought forward to establish this fact. Without this fact, the remainder of the case, even if you choose to believe it, falls to pieces. We have presented witness after witness who not only saw Mullins with a gun, but saw him fire his gun, and saw him reload his gun. It should be very clear he was in fact armed on the night in question.
Neither Fear Nor Favor: Deputy United States Marshal John Tom Sisemore Page 17
