The Second Trial
This is the 5th in a series of articles about the 1910 murder of Janie Sharp in Winston County, Ms. Due to the length of the actual trial, this article is somewhat longer than the previous four.
It had been more than 2 years since Janie Sharp's murder and it had been months since Investigator Ben Walker had died in a hail of buckshot. Now just three days before the start of the second trial of Swinton Permenter for Janie's death, Walter Permenter, Swinton's brother, had also been killed by an unknown assailant. A delay was inevitable but it would be a short one. On August 12th, 1912 - just one week after the original trial date, a crowd packed into a courtroom in Winona, Ms. for one of the most celebrated legal battles in Mississippi history. It was August and the heat was stifling but people came from all over the state to see the proceedings. The courtroom even contained a few women which was unusual at the time. Law enforcement was out in force and everyone entering the courtroom was searched.
The jury selection took the better part of two days and jurors were selected from a pool of 100. Both the prosecution and the defense were represented by a large team of attorneys including former judges and a former congressman. Before it was over, the prosecution would present 25 witnesses and the defense would bring 20 to the stand including the defendant during the twelve day trial.
The prosecution's case was not significantly different than the one it presented during the first trial in Louisville contending that Swinton Permenter encountered Janie on the Commodore Road, forced her into the woods where he attacked and brutally murdered her. The defense's strategy was to cast doubt upon some of the evidence and testimony presented and to provide alternatives to Swinton as the killer.
The trial started with Janie's Mother as the first witness for the prosecution. Much of her testimony surrounded the identification of the handkerchief in question. She testified that the handkerchief was a gift from Janie's Grandmother. After close visual inspection, she identified the handkerchief found in Permenter's possession as the one that belonged to Janie indicating a slight tear and some particular stitching. This handkerchief was key to the whole trial. If the jury believed that it belonged to Janie, it would leave little doubt of Permenter’s guilt. Mrs. Sharp also testified that there had been no bad feelings between her family & the Permenters and that there was no “courting relationship” between Janie & Swinton.
Several witnesses testified concerning Janie’s presence at the general store in Rural Hill the day of the murder. There was basic agreement as to the time she left (3:00pm) and the items in her possession at that time.
The next day’s testimony started in a similar manner. Claud Massey testified that he met Janie on the Commodore Road in that general time frame. He denied meeting anyone else on the road and he specifically denied seeing Hewlet Ray and Tom McElroy (the two men accused by Detective Ben Walker) when questioned by the defense.
Lee Sharp was the next major witness to testify .His testimony and cross examination took more than five hours. In great detail, he described the search for his sister, and Permenter’s behavior during this time including carrying a pistol in his pocket, his discouragement of others in searching the very area where Janie’s body was later found, and his percieved attempt to lead them in another direction. He then told of finding his sister’s body about a quarter of a mile from the Permenter home in a branch, partially submerged. He noticed that her throat was cut half way around and that she had a bruise on her head that he believed was done by the butt of a pistol. He told of later returning to the area and noticing signs of a scuffle in several places and tracks that appeared to be that of a man and a woman, all roughly within a hundred yards of where Janie’s body was found. He later described the clothes worn by Swinton Permenter during the search (suit of blue serge) and his arrest later that morning.
Lee Sharp’s testimony led to another key point in the trial. After Permenter came under suspicion, the shoes he was wearing after he changed clothes were compared to some of the tracks near the crime scene. It was determined at that time that the shoe matched the tracks. In the trial these were called “low quarter shoes” and were identified by Lee Sharp as the ones worn by Permenter on the night of the search. The defense then produced another set of shoes that were referred to as “high quarter shoes”. The defense claimed that these were the shoes worn by Permenter until he changed clothes the next morning when he replaced them with the low quarter shoes. To bolster their claim the defense called former sheriff A.P. Hull and his deputy W.R. Hull. Both identified the high quarter shoes as those found with Permenter’s clothes and that they were wet when they took possession of them. When compared to a witch-hazel stick used to measure the track at the time of murder, the shoes did not correspond to the measure. This cast significant doubt on the validity of any track & shoe evidence that might have been used in the first trial.
The state presented an array of witnesses concerning the night of the search and Permenter's behavior and location. These included Hewlett Ray and Tom McElroy who also denied any involvement in the murder. Several witnesses testified to statements made by Swinton concerning his desire for Janie and his dislike of her Father because he refused to allow him to court Janie.
Also included was testimony by J.T. Hanna whose bloodhound trailed to the Permenter home and ultimately to Swinton. More witnesses spoke of Swinton's remarks that the dogs would surely track him because of his presence in the woods while searching for Janie.
Terrell Hall's testimony was read into the record as he was not present at the trial. His evidence was that he was with Swinton when he went home to change clothes and wash. He indicated that the clothes were later found in a side room of the home and included a barlow knife, tobacco and two handkerchiefs - one of which was a woman's.
After a parade of witnesses the prosecution rested its case. The defense used this as an opportunity to make a motion for dismissal. This was, of course, denied and the defense began to present its case.
****
Most of the defense's first witnesses concerned the time frame of the murder and their testimony seemed to indicate that Swinton would have had little time to commit the act. Those who had been swimming earlier in the day with Permenter indicated that they left together at about 2:35 pm. Alonzo Burchfield testified that he was with Swinton at about 3:20 when they stopped to draw water at the Permenter house before returning to the fields to plow. He indicated that he last saw Permenter headed to the field at about 3:30. Permenter's sister testified that she saw Swinton at about 3:45. If these times were accurate, it would have been highly unlikely that Swinton Permenter would have had sufficient time to commit the murder.
The prosecution presented some rebuttal witnesses that called the defense's time line into question but there was no definitive resolution of the issue.
The defense then moved to the question of the handkerchief. It was never denied that a lady's handkerchief was in Swinton's possession, but there was an explanation. Swinton's sister, Nellie, testified that on the 4th of July previous to the murder, at a picnic at Indian Springs, several young people including Janie Sharp were sitting in various buggies. She remembered Janie and a young man named Fletcher Whitney (or Whitmire) were sitting in her brother Walter's (now deceased) buggy. She testified that at some time later, Walter handed her a handkerchief that he had picked up in his buggy after the picnic and told her to tell Swinton to find its owner. It was the defense's claim that Swinton never did so and that was why it was still in his possession. At this point,the defense counsel produced another handkerchief. Nellie compared the two and indicated that they were identical. Both handkerchiefs were handed to the jury for comparison. It was apparent that the defense wanted to contradict previous testimony that the handkerchief found in Permenter's possession was unique and identifiable as Janie's.
The next witness was J.L. Wilson who testified that as Janie's body was being prepared for burial at her home, he saw next to the corpse, not only her parasol and her bundles from the store but also a lady's handkerchief. He indicated that one of the women present identified it as Janie's and the same one that she had change tied up in at the store that day. When questioned by the prosecution, Wilson indicated that several others had heard the remark but could not specifically identify anyone else who could corroborate it. The prosecution made a point of identifying Wilson as a farmer who rented land from the Permenter family.
The defense next addressed the rumor of an eyewitness to the crime. Rumors had circulated that Swinton's cousin, Effie Permenter who had since married Henry Ray, had actually seen Swinton murder Janie as she was washing clothes near her home. Rumors also persisted that Lee Sharp had offered Effie's husband $100 if she would come forward. Effie testified in the case and denied any knowledge of the murder. Lee Sharp was also recalled and he denied making the offer but he did believe that Effie knew all about the murder.
Several more witnesses were presented by the defense concerning times that Swinton was seen throughout that afternoon. Now it was time for the defendant to testify. Swinton Permenter took the stand on the morning of August 20th. He indicated that he had known Janie Sharp all his life, had kept company with her several times but other girls as well. He testified that on the day of the murder, he plowed until 11:30 am, went to the Heinze Post Office to give the Postmaster money to order four quarts of sherry wine. He then went to the swimming hole with several companions. The distance from there to the Sharp residence was 3.5 miles. He claimed to have left the swimming hole with his companions at 2:36 and parted company with Lon Burchfield at around 3:20 to 3:30 where he went directly to the field and resumed his plowing. He indicated that he changed plow horses with his Father during that time and that he finished plowing at sundown. When he reached home, the phone rang and the news of Janie’s disappearance was reported. Swinton denied certain statements attributed to him about his desires for Janie, and he denied trying to mislead the search party. He also denied that the bloodhound used that night specifically scented him. He said that after Janie’s body was found, he went home to change because his clothes were wet from a light rain during the night. He explained that the woman’s handkerchief in his pocket was the one found by his brother Walter on July the Fourth and that he had simply stuck the handkerchief in his coat pocket and forgotten about it. The prosecution set the crowd abuzz when Swinton was asked if he had ever been fined or indicted for assaulting a little girl. Swinton denied both and said that he had never been convicted in a justice or circuit court. The prosecution apparently did not follow up on this question.
The defense presented several other witnesses, including Swinton’s parents who corroborated his testimony. J.P. McAllilley a former justice of the peace, had observed the location of Janie’s body at that time and noted that there was very little blood at the spot and that there was no evidence of a struggle, creating the idea that Janie’s body may have been moved from where she was actually killed.
The defense rested their case and the state presented several rebuttal witnesses. These witnesses disputed the time line presented by several defense witnesses and some hearsay evidence of rumors and conversations about the veracity of certain witnesses, conflicts of the timeline presented by the defense and statements made by Permenter were presented. After several back and forth rebuttal witnesses, the case went to closing arguments.
On August 22, arguments for the defense and prosecution were scheduled to begin. The already large crowd continued to swell. The gallery was reserved for women only and it was packed. People had come from all over the state including many attorneys who came specifically to hear the closing arguments. Extra deputies were stationed around the courtroom adding to the already tight security. The defendant’s family sat on one side of the courtroom while the Sharp’s sat on the other. That morning brought much legal wrangling over the instructions to the jury and it was afternoon before closing arguments began. Seven different attorneys addressed the jury and these closing arguments took as much as ten hours continuing into the next day. It was 3:30 in the afternoon before the jury actually got the case. At 8 o’clock that evening they retired for the night without a verdict. The fate of Swinton Permenter would be decided the next day on August 24, more than two years after Janie Sharp’s murder.
W. McCully
Community Information
Sunday, August 29, 2010
Wednesday, August 25, 2010
Janie Sharp Series #4- Shotgun- Weapon of Choice
This is the 4th in the series of articles in the Janie Sharp series. To this point, after Janie's murder, the young man Swinton Permenter was accused, tried and convicted of the crime. The State Supreme Court threw out the verdict and a new trial was scheduled but it would be more than a year from his release before the final trial began. In that year, events seemed to spiral out of control.
Between the Trials
Little is known about Ben Walker. His qualifications as an investigator, exactly where he came from and how he became involved in the Janie Sharp affair are unclear, but his short role in the case was mysterious, confounding and tragic.
Some records (Commercial Appeal) indicate that Ben Walker testified in the first Permenter trial. If accurate, in his testimony he claimed to be from Cleveland, Ms. and was "instructed" by the Governor to make inquiries into the crime. The newspaper story indicated that Walker's testimony was inconsequential and that he left a poor impression upon the court.
Most accounts indicate that Walker was actually hired by the Permenter family. He possibly misrepresented himself under oath about his official status or he was later hired by the family in a non-official capacity.
In November, 1911, a little over a year after the first trial, Detective Ben Walker created a stir in the community when he returned from Greenville, Texas with Thomas McElroy and his family. Walker "arrested" McElroy for the murder of Janie Sharp.
McElroy was a previous resident of Rural Hill and strangely enough, a son-in-law to Cyrus Ray ( the uncle and neighbor of Janie & her fiancee). He and his family had moved to Texas in September ,1910 after Janie's murder. No suspicion had been cast upon McElroy prior to this time and his arrest by Walker was met with a great deal of skepticism.
A preliminary hearing was quickly scheduled and then delayed for a few days as a second suspect, Hulett Ray, was arrested upon an affidavit of Elbert Vowell. When the hearing took place in late November, the County Attorney, J. B. Gully quickly asked that all charges be dropped and stated that there was no evidence that these two men were involved in Janie Sharp's murder. McElroy & Ray were released and almost immediately, Ben Walker was arrested and charged with attempting to bribe witnesses. Walker claimed that his witnesses were intimidated and afraid to testify. As a result of the bribery charges, his already questionable reputation was further damaged and it certainly increased animosity toward him and his actions. No records indicate if these bribery charges were pursued or later dropped.
Walker remained in the area and it was assumed that he continued to work on the case, although he may have pursued other activities as well. While in the area, he stayed in the home of Elbert Vowell. (who had filed the affidavit against Hulett Ray). On the evening of March 21, , Walker was reading by lamplight in the Vowell home when a shotgun blast shattered the nearby window. Walker was struck in the head by buck shot and fell dead immediately. Vowell quickly grabbed a weapon and exchanged fire with two men leaving the house on horseback. No one else was wounded and no suspects were ever named in the death of Detective Ben Walker. He was buried in the Wood (Smallwood) Cemetery.
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The second trial of Swinton Permenter was scheduled for early August,1912. The publicity and the threats that permeated the first trial led to a change of venue to Winona, Ms. about 45 miles northwest of Louisville. As the defense prepared their case, Swinton Permenter's brother Walter had become highly involved and some said that he had information gathered by Ben Walker that was material to the defense.
On Friday, August 2, 1912, Walter Permenter joined his brother Swinton at the home of Eugene Shewmake (possibly Shumaker) in the town of Eupora. Shewmake was apparently a brother-in-law to the Permenters. The brothers intended to leave Eupora on the next day and arrive at Winona where the trial was to begin on the following Monday.
Around nine o'clock, Swinton retired for the night. A short while later, Walter took a bucket outside to the back porch for some water. As he was drawing the water, he was struck by a shotgun blast. He was hit in the head, neck and chest, fell off the porch and quickly expired. Shewmake doused all the lights in the home fearing more shots from the assailant. Neighbors quickly appeared and rushed to the scene. The only witness was a young man who saw a single individual running across a vacant lot away from the Shewmake house just moments after the shot was fired.
The next day, bloodhounds were brought to the scene and soon picked up a trail that led southward around a cotton house at the local gin and further south into the Big Black Swamp. The dogs eventually lost the trail in the hills south of town. The next day, a young boy stumbled upon a shotgun hidden in the cotton house; a shotgun with one spent shell and several others loaded with buckshot.
Edward Walter Permenter had not lived to see his 31st birthday. He left a wife and three children. His remains were returned to Winston County and he was buried in the Masonic Cemetery in Louisville. No one was ever charged in his death. Some speculated that in the darkness,Walter was mistaken for Swinton while others claimed that Walter was actually the target because of information he might disclose at the upcoming trial.
It had been more than two years since Janie Sharp's murder. Now, there were two more unsolved murders of people associated with the case.
Between the Trials
Little is known about Ben Walker. His qualifications as an investigator, exactly where he came from and how he became involved in the Janie Sharp affair are unclear, but his short role in the case was mysterious, confounding and tragic.
Some records (Commercial Appeal) indicate that Ben Walker testified in the first Permenter trial. If accurate, in his testimony he claimed to be from Cleveland, Ms. and was "instructed" by the Governor to make inquiries into the crime. The newspaper story indicated that Walker's testimony was inconsequential and that he left a poor impression upon the court.
Most accounts indicate that Walker was actually hired by the Permenter family. He possibly misrepresented himself under oath about his official status or he was later hired by the family in a non-official capacity.
In November, 1911, a little over a year after the first trial, Detective Ben Walker created a stir in the community when he returned from Greenville, Texas with Thomas McElroy and his family. Walker "arrested" McElroy for the murder of Janie Sharp.
McElroy was a previous resident of Rural Hill and strangely enough, a son-in-law to Cyrus Ray ( the uncle and neighbor of Janie & her fiancee). He and his family had moved to Texas in September ,1910 after Janie's murder. No suspicion had been cast upon McElroy prior to this time and his arrest by Walker was met with a great deal of skepticism.
A preliminary hearing was quickly scheduled and then delayed for a few days as a second suspect, Hulett Ray, was arrested upon an affidavit of Elbert Vowell. When the hearing took place in late November, the County Attorney, J. B. Gully quickly asked that all charges be dropped and stated that there was no evidence that these two men were involved in Janie Sharp's murder. McElroy & Ray were released and almost immediately, Ben Walker was arrested and charged with attempting to bribe witnesses. Walker claimed that his witnesses were intimidated and afraid to testify. As a result of the bribery charges, his already questionable reputation was further damaged and it certainly increased animosity toward him and his actions. No records indicate if these bribery charges were pursued or later dropped.
Walker remained in the area and it was assumed that he continued to work on the case, although he may have pursued other activities as well. While in the area, he stayed in the home of Elbert Vowell. (who had filed the affidavit against Hulett Ray). On the evening of March 21, , Walker was reading by lamplight in the Vowell home when a shotgun blast shattered the nearby window. Walker was struck in the head by buck shot and fell dead immediately. Vowell quickly grabbed a weapon and exchanged fire with two men leaving the house on horseback. No one else was wounded and no suspects were ever named in the death of Detective Ben Walker. He was buried in the Wood (Smallwood) Cemetery.
***
The second trial of Swinton Permenter was scheduled for early August,1912. The publicity and the threats that permeated the first trial led to a change of venue to Winona, Ms. about 45 miles northwest of Louisville. As the defense prepared their case, Swinton Permenter's brother Walter had become highly involved and some said that he had information gathered by Ben Walker that was material to the defense.
On Friday, August 2, 1912, Walter Permenter joined his brother Swinton at the home of Eugene Shewmake (possibly Shumaker) in the town of Eupora. Shewmake was apparently a brother-in-law to the Permenters. The brothers intended to leave Eupora on the next day and arrive at Winona where the trial was to begin on the following Monday.
Around nine o'clock, Swinton retired for the night. A short while later, Walter took a bucket outside to the back porch for some water. As he was drawing the water, he was struck by a shotgun blast. He was hit in the head, neck and chest, fell off the porch and quickly expired. Shewmake doused all the lights in the home fearing more shots from the assailant. Neighbors quickly appeared and rushed to the scene. The only witness was a young man who saw a single individual running across a vacant lot away from the Shewmake house just moments after the shot was fired.
The next day, bloodhounds were brought to the scene and soon picked up a trail that led southward around a cotton house at the local gin and further south into the Big Black Swamp. The dogs eventually lost the trail in the hills south of town. The next day, a young boy stumbled upon a shotgun hidden in the cotton house; a shotgun with one spent shell and several others loaded with buckshot.
Edward Walter Permenter had not lived to see his 31st birthday. He left a wife and three children. His remains were returned to Winston County and he was buried in the Masonic Cemetery in Louisville. No one was ever charged in his death. Some speculated that in the darkness,Walter was mistaken for Swinton while others claimed that Walter was actually the target because of information he might disclose at the upcoming trial.
It had been more than two years since Janie Sharp's murder. Now, there were two more unsolved murders of people associated with the case.
Monday, August 23, 2010
Janie Sharp Series Continues #3 - The First Trial
This is the third in a series of articles about the murder of Janie Sharp in rural Winston County in 1910. For more details about the series, scroll down this page to the first article. This article concerns the first trial of the only person indicted in her death.
The First Trial
Charges were brought against Swinton Permenter for the brutal murder of Janie Sharp. The two other individuals brought in for questioning were released and the authorities believed they had their man. A significant amount of circumstantial evidence existed:
A handkerchief believed to be the victim's in Permenter's possession.
A reasonable match of shoe size to some of the tracks found near the murder area.
His proximity to the area and time of the crime.
The bloodhound's tracking of Permenter to his family's home.
His strange and, at least to some, misleading behavior during the search for Janie.
There were rumors also. Some claimed that Swinton Permenter made some remarks indicating his desire for Janie's affection and that he had made some vague threats against Janie's Father, possibly because he prevented Permenter from pursuing Janie.
This circumstantial evidence against this young man was significant - If it was accurate.
Contrary to modern day criminal trials, things advanced quickly. The trial was set in Louisville in early October, 1910. The case was heard before Judge McLean with prosecutors,Lamb, Gully and Jones and defense attorneys, Rodgers, Brantley, and Hopkins.
The Winston County Journal made much of Swinton Permenter's calm and composure throughout the trial and speculated that this worked against him in the minds of the jury. After ten days of testimony, cross examinations and lawyers' summations, the jury had the case. It didn't take long. They returned within minutes with a guilty verdict and indications were that they reached agreement on the first ballot.
Based upon the crime, the sentencing was without question. Before passing sentence, Judge McLean asked Permenter if he had anything to say. His only answer: "I AM NOT GUILTY." Swinton Permenter was sentenced to hang on November 25, 1910.
A motion for a new trail was made but denied and an appeal was immediately started for the State Supreme Court. In the meantime, Permenter was carried to the penitentiary in Jackson for safekeeping. With an appeal before the Court, his execution was on hold and he seemed to make friends among jailers and prisoners alike while in custody. News reports from the Jackson Daily News showed that many who came in contact with him, soon believed in his innocence. Witnesses indicated that Swinton believed two other individuals actually committed the crime and that they were involved in the case against him - possibly as witnesses.
On April 24, 1911, The Supreme Court of Mississippi "reversed and remanded" the verdict against Swinton Permenter. According to newspaper reports, the Court reversed the ruling and even indicated that it had doubts about his guilt. The grounds for reversal was based upon an instruction given to the jury concerning the use and validity of circumstantial evidence.
Considering the time he had already spent in jail and the Court's ruling, Permenter would be eligible for bail. In May, 1911, Swinton Permenter was released from prison on a $10,000 bond. Reports were that he returned home at least temporarily to the Rural Hill area.
His case would go back to Winston County for a retrial, but a change of venue due to all the publicity was granted and the next trial would be held in the City of Winona and was scheduled for October 1911. It would actually be more than a year before the final trial of Swinton Permenter. The October 1911 trial was indefintely continued due to non-appearance of several witnesses including Swinton's sister who was ill at the time.
The events between the October continuance and the final trial only added to the tragedy and mystery surrounding the whole case. Two additional unsolved murders, a possible alternative suspect and bribery charges created doubts, distrust and served to widen the breach between those convinced of Permenter's guilt and those who supported him.
The First Trial
Charges were brought against Swinton Permenter for the brutal murder of Janie Sharp. The two other individuals brought in for questioning were released and the authorities believed they had their man. A significant amount of circumstantial evidence existed:
A handkerchief believed to be the victim's in Permenter's possession.
A reasonable match of shoe size to some of the tracks found near the murder area.
His proximity to the area and time of the crime.
The bloodhound's tracking of Permenter to his family's home.
His strange and, at least to some, misleading behavior during the search for Janie.
There were rumors also. Some claimed that Swinton Permenter made some remarks indicating his desire for Janie's affection and that he had made some vague threats against Janie's Father, possibly because he prevented Permenter from pursuing Janie.
This circumstantial evidence against this young man was significant - If it was accurate.
Contrary to modern day criminal trials, things advanced quickly. The trial was set in Louisville in early October, 1910. The case was heard before Judge McLean with prosecutors,Lamb, Gully and Jones and defense attorneys, Rodgers, Brantley, and Hopkins.
The Winston County Journal made much of Swinton Permenter's calm and composure throughout the trial and speculated that this worked against him in the minds of the jury. After ten days of testimony, cross examinations and lawyers' summations, the jury had the case. It didn't take long. They returned within minutes with a guilty verdict and indications were that they reached agreement on the first ballot.
Based upon the crime, the sentencing was without question. Before passing sentence, Judge McLean asked Permenter if he had anything to say. His only answer: "I AM NOT GUILTY." Swinton Permenter was sentenced to hang on November 25, 1910.
A motion for a new trail was made but denied and an appeal was immediately started for the State Supreme Court. In the meantime, Permenter was carried to the penitentiary in Jackson for safekeeping. With an appeal before the Court, his execution was on hold and he seemed to make friends among jailers and prisoners alike while in custody. News reports from the Jackson Daily News showed that many who came in contact with him, soon believed in his innocence. Witnesses indicated that Swinton believed two other individuals actually committed the crime and that they were involved in the case against him - possibly as witnesses.
On April 24, 1911, The Supreme Court of Mississippi "reversed and remanded" the verdict against Swinton Permenter. According to newspaper reports, the Court reversed the ruling and even indicated that it had doubts about his guilt. The grounds for reversal was based upon an instruction given to the jury concerning the use and validity of circumstantial evidence.
Considering the time he had already spent in jail and the Court's ruling, Permenter would be eligible for bail. In May, 1911, Swinton Permenter was released from prison on a $10,000 bond. Reports were that he returned home at least temporarily to the Rural Hill area.
His case would go back to Winston County for a retrial, but a change of venue due to all the publicity was granted and the next trial would be held in the City of Winona and was scheduled for October 1911. It would actually be more than a year before the final trial of Swinton Permenter. The October 1911 trial was indefintely continued due to non-appearance of several witnesses including Swinton's sister who was ill at the time.
The events between the October continuance and the final trial only added to the tragedy and mystery surrounding the whole case. Two additional unsolved murders, a possible alternative suspect and bribery charges created doubts, distrust and served to widen the breach between those convinced of Permenter's guilt and those who supported him.
Thursday, August 19, 2010
Janie Sharp Series Continues - #2 - The Suspect
(This is the second in a series of articles about the 1910 murder of Janie Sharp in Winston County, Ms.)
The Main Suspect
Even before Janie’s body was found, those who suspected foul play began to speculate about who might be responsible. Apparently there was no evidence of strangers in the area and suspicion was almost immediately turned to members of the community; one member in particular. Swinton Permenter was a young man of the same age as Janie and the youngest son of Edward Permenter, another local farmer.
Swinton’s behavior during the search aroused suspicion amongst the crowd and what happened after the body was recovered made him the prime suspect. He had been swimming that afternoon with several other individuals in a swimming hole not far from the Post Office and along or near the road that Janie would have traveled. This put him in the vicinity of the crime near the time of attack. Later, during the search, he discouraged others from checking a particular patch of underbrush – having claimed to have already searched the area himself. This later proved to be the general location where Janie’s body was found.
From reading testimony and accounts, it seemed others believed that Swinton appeared disinterested in the search at times and in general acted strangely. Upon learning that bloodhounds were being brought in, Permenter commented that he was sure the dogs would track him as he had been in the woods hunting for Janie.
When Janie’s body was removed to the Sharp home, a crowd gathered including Swinton Permenter. Shortly thereafter, he returned to his Father's house with at least one other individual with the intent of changing clothes. He was observed washing on the front porch. He then entered a side room where he changed clothes and possibly shoes.
J.T. Hanna from Kosciusko soon arrived with a bloodhound named Ruth Hindoo. He started where Janie’s body was found. The dog tracked through several areas and a pair of tracks were observed – a man and a woman’s. The dog eventually tracked to the Permenter home as a crowd gathered. The dog trailed around the property and at one time reared upon the front gate. She scented upon a group of men that included Swinton Permenter. According to Hanna, the dog looked at Swinton and threw her head back and scented him specifically.
Based upon the dog’s actions and Swinton’s behavior, a search was made for Swinton’s clothes. In the side room were found the clothes he had worn previously and in the pocket- a barlow knife, piece of tobacco and two handkerchiefs- a man’s and a woman’s.
By the time the sheriff and a local judge arrived with a small group of men, a mob had formed and they were apparently in an ugly mood. Sheriff Hull telephoned Louisville for additional help as they feared the mob might try to take the law into their own hands. The sheriff’s party headed to Louisville not only with Swinton Permenter but also Alonzo Burchfield and Walter Cummings who were two of the individuals swimming with Swinton that afternoon. They were followed by a loud mob of about 75 individuals according to newspaper reports.
Apparently during the day, folks gathered in town and threats were made. There was fear of an attempt to lynch the prisoners. At 11:00 pm, a special train arrived and took the prisoners to Winona for safekeeping. By the next week, Burchfield and Cummings were released due to lack of evidence as to involvement in the crime and returned to Louisville. Swinton Permenter was held to be tried for the murder of Jamie Sharp in October.
By reading trial transcripts and denoting the behavior of some of the community, it seems apparent that at least some folk expected Swinton Permenter to be involved. According to trial testimony, Dr Clemmons, after failing to find the Methodist Minister, set off to the Permenter home looking for Swinton in the belief that he may know something about Janie’s whereabouts. Several others who participated in the search made trips to the Permenter home looking for Swinton including at least one individual at the request of Janie Sharp’s Father.
This would lead one to believe that either some individuals knew of or suspected a relationship of some kind between Swinton and Janie or her family or that something in Permenter’s past made local folk suspicious of him. Later trial testimony concerning Swinton’s comments about desiring Janie’s affection, anger toward her Father and accusations of a previous assault against a seven year old girl may have fostered this suspicion. Regardless, Swinton Permenter was about to stand trial in Louisville for the murder.
The Main Suspect
Even before Janie’s body was found, those who suspected foul play began to speculate about who might be responsible. Apparently there was no evidence of strangers in the area and suspicion was almost immediately turned to members of the community; one member in particular. Swinton Permenter was a young man of the same age as Janie and the youngest son of Edward Permenter, another local farmer.
Swinton’s behavior during the search aroused suspicion amongst the crowd and what happened after the body was recovered made him the prime suspect. He had been swimming that afternoon with several other individuals in a swimming hole not far from the Post Office and along or near the road that Janie would have traveled. This put him in the vicinity of the crime near the time of attack. Later, during the search, he discouraged others from checking a particular patch of underbrush – having claimed to have already searched the area himself. This later proved to be the general location where Janie’s body was found.
From reading testimony and accounts, it seemed others believed that Swinton appeared disinterested in the search at times and in general acted strangely. Upon learning that bloodhounds were being brought in, Permenter commented that he was sure the dogs would track him as he had been in the woods hunting for Janie.
When Janie’s body was removed to the Sharp home, a crowd gathered including Swinton Permenter. Shortly thereafter, he returned to his Father's house with at least one other individual with the intent of changing clothes. He was observed washing on the front porch. He then entered a side room where he changed clothes and possibly shoes.
J.T. Hanna from Kosciusko soon arrived with a bloodhound named Ruth Hindoo. He started where Janie’s body was found. The dog tracked through several areas and a pair of tracks were observed – a man and a woman’s. The dog eventually tracked to the Permenter home as a crowd gathered. The dog trailed around the property and at one time reared upon the front gate. She scented upon a group of men that included Swinton Permenter. According to Hanna, the dog looked at Swinton and threw her head back and scented him specifically.
Based upon the dog’s actions and Swinton’s behavior, a search was made for Swinton’s clothes. In the side room were found the clothes he had worn previously and in the pocket- a barlow knife, piece of tobacco and two handkerchiefs- a man’s and a woman’s.
By the time the sheriff and a local judge arrived with a small group of men, a mob had formed and they were apparently in an ugly mood. Sheriff Hull telephoned Louisville for additional help as they feared the mob might try to take the law into their own hands. The sheriff’s party headed to Louisville not only with Swinton Permenter but also Alonzo Burchfield and Walter Cummings who were two of the individuals swimming with Swinton that afternoon. They were followed by a loud mob of about 75 individuals according to newspaper reports.
Apparently during the day, folks gathered in town and threats were made. There was fear of an attempt to lynch the prisoners. At 11:00 pm, a special train arrived and took the prisoners to Winona for safekeeping. By the next week, Burchfield and Cummings were released due to lack of evidence as to involvement in the crime and returned to Louisville. Swinton Permenter was held to be tried for the murder of Jamie Sharp in October.
By reading trial transcripts and denoting the behavior of some of the community, it seems apparent that at least some folk expected Swinton Permenter to be involved. According to trial testimony, Dr Clemmons, after failing to find the Methodist Minister, set off to the Permenter home looking for Swinton in the belief that he may know something about Janie’s whereabouts. Several others who participated in the search made trips to the Permenter home looking for Swinton including at least one individual at the request of Janie Sharp’s Father.
This would lead one to believe that either some individuals knew of or suspected a relationship of some kind between Swinton and Janie or her family or that something in Permenter’s past made local folk suspicious of him. Later trial testimony concerning Swinton’s comments about desiring Janie’s affection, anger toward her Father and accusations of a previous assault against a seven year old girl may have fostered this suspicion. Regardless, Swinton Permenter was about to stand trial in Louisville for the murder.
Sunday, August 15, 2010
Janie Sharp Series Begins - The Murder
Like many of you, I have heard tales of Janie Sharp throughout my life; rumors, fantastic ghost stories and gory details. Many of which were untrue. But one thing I had never heard was the real story from start to finish. Over the years, the facts have become unclear, encased in legend and subject to the desire to make a good story even more fantastic. These articles are an attempt to tell the story of Janie in as straightforward a manner as possible.
In my research, I believe I discovered several things:
There were some underlying circumstances here that never made it to the surface. I won't speculate on those and the reader can form their own opinions.
The newspapers of the day, especially the Winston County Journal tended to sensationalize the information and some reported information was inaccurate based upon trial testimony.
The community was divided into two camps and both held their beliefs strongly.
The nature of the conflicting testimony indicates that at least some parties lied under oath, either in an attempt to hide their own involvement or to guarantee the conviction of a party that they honestly believed was guilty.
"Because of" or " inspite of" the final trial verdict, the legal system in Mississippi at that time worked in the manner in which it was intended. The judges, prosecution and defense lawyers performed admirably in almost all situations.
We will never know - who killed Janie Sharp.
I have tried to extract the facts as well as possible. Whenever there was conflicting information or testimony, I attempted to indicate this. Some issues have never been raised or examined closely and I will atempt to do so at the end of this series. It should also be remembered that there was not one unsolved murder but three; Janie Sharp, Walter Permenter and Ben Walker.
I would be amiss if I didn't give credit to two compilations about the Janie Sharp event. THE TRIAL for the MURDER of PERNINAH JANIE SHARP by Lucille Wood and TRIAL OF SWINTON PERMENTER FOR THE MURDER OF MISS JANIE SHARP JULY 21,1910 by Ruby C. Hurt. Both of these books are available for sale at the Winston County Library and I encourage those who are interested to take a closer look at these compilations of news reports and trial transcripts.
AND NOW OUR FIRST ARTICLE
The Murder
It was 1910. The Civil War was a distant memory and World War One was not yet on the horizon. Life was slow and quiet but rural Mississippi had experienced a few changes over the years. Some folks had telephones in their homes although most had to travel to the general store to make or take a phone call. There were a few "horseless carriages" but the mule was still the most important tool on the farm.
The Rural Hill Community in western Winston County wasn't any different than the hundreds of others scattered across the state. A post office, two general stores, a two room school house and the Methodist church were central to the small farms raising cotton for sale, corn and hay for livestock and vegetables for personal consumption. Some of the more affluent used hired hands or tenant farmers (black and white) to work the land.
The Will Sharp family lived and farmed in the area and were well established. Records indicated that there were eight surviving children including a popular young woman named Perninah Jane "Janie" Sharp. Janie was eighteen in the summer of 1910. According to various accounts, she was a strong healthy girl who caught several young men's eye. Later newspaper reports and court testimony indicated that she was engaged to a young man named Earl Ray.
It was a warm Thursday afternoon (July 21) and Janie had just helped her mother clean away the noon meal dishes and straighten the house. Taking her parasol and a handkerchief that would be key to the story, Janie walked the one and a half miles to Rural Hill to pick up any mail and to purchase some dress goods at the general store. There was some indication that instead of returning immediately home, she intended to stop at the home of Cyrus Ray to do some dressmaking. (In various reports, Cyrus Ray was indicated as not only an uncle to Janie but also as an uncle to her fiancee, Earl Ray.) When she left the Williams' General Store around three o'clock she was observed by several individuals who noted that she had her parasol, two small packages, a copy of The Weekly Commercial Appeal, two letters and a handkerchief in her possession. This was the last time Janie was seen alive by anyone other than the killer.
When Janie had not returned by late afternoon, her mother became concerned and walked to Rural Hill in search of her. Before darkness fell that evening, men from all over the community had formed search parties and were scouring the countryside looking for Janie. Some reports indicated that Will Sharp (Janie's father) contacted the Winston County Circuit Clerk to find out if a marriage license had been issued. For unknown reasons, he may have believed that Janie had eloped with some young man from the community. This seems strange given that Earl Ray, her proclaimed fiancee was a member of the search party. Either this call was made prior to Mr. Sharp's knowledge of Earl Ray's presence or he had reason to believe that Janie had interest in another young man.
Torches were lit and a large area of fields and woods were searched until the morning hours. As the search party grew weary and combined with the difficulty of the search in the darkness, plans were made to defer the search until morning. Lee Sharp, Janie's brother, continued searching along Commodore Road as the party made its way toward the Sharp home.. On the west side of the road, he followed a ravine leading to a small branch of water. It was here that he found the body of his sister, Janie.
Information conflicts a bit here. Some reports indicate that the body was discovered at about 2:00 a.m. while others indicated that it was a bit later in the morning before sunrise. Some also indicate that upon finding the body, Lee Sharp fainted and it was several minutes before he came to and began shouting for help. Reports indicated that Janie's body was partially submerged in the branch in a muddy pool of water. Her throat had been slashed from ear to ear and there was evidence that she had been struck in the head with considerable force. Some stated that her head indicated tremendous damage while later testimony at trial seemed to indicate that she had been struck possibly with the butt of a pistol. There were also signs of assault. Near the body were found the parasol, her packages from the store and the newspaper and letters. The handkerchief was not among these items.
One of the men aiding in the search for Janie was Dr. W. M. Clemmons, a resident of the community. Records indicate that he was a dentist not a medical doctor. Prior to joining the search, Dr. Clemmons made an attempt to contact the local Methodist minister named Oats or Oaks, thinking that perhaps that Janie had eloped. He was not able to locate the minister and no indication was ever provided as to why he thought that elopement was a possibility. He was later asked by Justice MacNally to examine the body. He described the position of the body and the nature of her wounds.
Janie's body was recovered by her father, Will Sharp and carried to the family home about a quarter mile away from the scene. Later that morning, Sheriff Hull and numerous citizens left Louisville for the scene of the crime.
Lee Sharp (brother) returned to the area either later that morning or the following day and observed tracks leading from the road. He believe the tracks indicated a sign of a scuffle, then more tracks leading to another area of struggle. The Winston County Journal at that time indicated that it appeared that Janie was taken from the road and assaulted, she escaped and ran a short distance. Another struggle ensued and she escaped again and ran further where she was again overtaken. It was surmised that she possibly escaped a third time and ran back toward the road where she was overtaken for the final time and killed. The speculation was that she was struck on the head and in an attempt to guarantee the certainty of her death, her throat was slit and she was stabbed several times just under the chin. Information is not clear whether this was the location where the body was found or if possible her body had been moved to the pool of water in an attempt to hide it.
So ends the short life of Perninah Jane Sharp.
By William McCully
Next article posted on Thursday
In my research, I believe I discovered several things:
There were some underlying circumstances here that never made it to the surface. I won't speculate on those and the reader can form their own opinions.
The newspapers of the day, especially the Winston County Journal tended to sensationalize the information and some reported information was inaccurate based upon trial testimony.
The community was divided into two camps and both held their beliefs strongly.
The nature of the conflicting testimony indicates that at least some parties lied under oath, either in an attempt to hide their own involvement or to guarantee the conviction of a party that they honestly believed was guilty.
"Because of" or " inspite of" the final trial verdict, the legal system in Mississippi at that time worked in the manner in which it was intended. The judges, prosecution and defense lawyers performed admirably in almost all situations.
We will never know - who killed Janie Sharp.
I have tried to extract the facts as well as possible. Whenever there was conflicting information or testimony, I attempted to indicate this. Some issues have never been raised or examined closely and I will atempt to do so at the end of this series. It should also be remembered that there was not one unsolved murder but three; Janie Sharp, Walter Permenter and Ben Walker.
I would be amiss if I didn't give credit to two compilations about the Janie Sharp event. THE TRIAL for the MURDER of PERNINAH JANIE SHARP by Lucille Wood and TRIAL OF SWINTON PERMENTER FOR THE MURDER OF MISS JANIE SHARP JULY 21,1910 by Ruby C. Hurt. Both of these books are available for sale at the Winston County Library and I encourage those who are interested to take a closer look at these compilations of news reports and trial transcripts.
AND NOW OUR FIRST ARTICLE
The Murder
It was 1910. The Civil War was a distant memory and World War One was not yet on the horizon. Life was slow and quiet but rural Mississippi had experienced a few changes over the years. Some folks had telephones in their homes although most had to travel to the general store to make or take a phone call. There were a few "horseless carriages" but the mule was still the most important tool on the farm.
The Rural Hill Community in western Winston County wasn't any different than the hundreds of others scattered across the state. A post office, two general stores, a two room school house and the Methodist church were central to the small farms raising cotton for sale, corn and hay for livestock and vegetables for personal consumption. Some of the more affluent used hired hands or tenant farmers (black and white) to work the land.
The Will Sharp family lived and farmed in the area and were well established. Records indicated that there were eight surviving children including a popular young woman named Perninah Jane "Janie" Sharp. Janie was eighteen in the summer of 1910. According to various accounts, she was a strong healthy girl who caught several young men's eye. Later newspaper reports and court testimony indicated that she was engaged to a young man named Earl Ray.
It was a warm Thursday afternoon (July 21) and Janie had just helped her mother clean away the noon meal dishes and straighten the house. Taking her parasol and a handkerchief that would be key to the story, Janie walked the one and a half miles to Rural Hill to pick up any mail and to purchase some dress goods at the general store. There was some indication that instead of returning immediately home, she intended to stop at the home of Cyrus Ray to do some dressmaking. (In various reports, Cyrus Ray was indicated as not only an uncle to Janie but also as an uncle to her fiancee, Earl Ray.) When she left the Williams' General Store around three o'clock she was observed by several individuals who noted that she had her parasol, two small packages, a copy of The Weekly Commercial Appeal, two letters and a handkerchief in her possession. This was the last time Janie was seen alive by anyone other than the killer.
When Janie had not returned by late afternoon, her mother became concerned and walked to Rural Hill in search of her. Before darkness fell that evening, men from all over the community had formed search parties and were scouring the countryside looking for Janie. Some reports indicated that Will Sharp (Janie's father) contacted the Winston County Circuit Clerk to find out if a marriage license had been issued. For unknown reasons, he may have believed that Janie had eloped with some young man from the community. This seems strange given that Earl Ray, her proclaimed fiancee was a member of the search party. Either this call was made prior to Mr. Sharp's knowledge of Earl Ray's presence or he had reason to believe that Janie had interest in another young man.
Torches were lit and a large area of fields and woods were searched until the morning hours. As the search party grew weary and combined with the difficulty of the search in the darkness, plans were made to defer the search until morning. Lee Sharp, Janie's brother, continued searching along Commodore Road as the party made its way toward the Sharp home.. On the west side of the road, he followed a ravine leading to a small branch of water. It was here that he found the body of his sister, Janie.
Information conflicts a bit here. Some reports indicate that the body was discovered at about 2:00 a.m. while others indicated that it was a bit later in the morning before sunrise. Some also indicate that upon finding the body, Lee Sharp fainted and it was several minutes before he came to and began shouting for help. Reports indicated that Janie's body was partially submerged in the branch in a muddy pool of water. Her throat had been slashed from ear to ear and there was evidence that she had been struck in the head with considerable force. Some stated that her head indicated tremendous damage while later testimony at trial seemed to indicate that she had been struck possibly with the butt of a pistol. There were also signs of assault. Near the body were found the parasol, her packages from the store and the newspaper and letters. The handkerchief was not among these items.
One of the men aiding in the search for Janie was Dr. W. M. Clemmons, a resident of the community. Records indicate that he was a dentist not a medical doctor. Prior to joining the search, Dr. Clemmons made an attempt to contact the local Methodist minister named Oats or Oaks, thinking that perhaps that Janie had eloped. He was not able to locate the minister and no indication was ever provided as to why he thought that elopement was a possibility. He was later asked by Justice MacNally to examine the body. He described the position of the body and the nature of her wounds.
Janie's body was recovered by her father, Will Sharp and carried to the family home about a quarter mile away from the scene. Later that morning, Sheriff Hull and numerous citizens left Louisville for the scene of the crime.
Lee Sharp (brother) returned to the area either later that morning or the following day and observed tracks leading from the road. He believe the tracks indicated a sign of a scuffle, then more tracks leading to another area of struggle. The Winston County Journal at that time indicated that it appeared that Janie was taken from the road and assaulted, she escaped and ran a short distance. Another struggle ensued and she escaped again and ran further where she was again overtaken. It was surmised that she possibly escaped a third time and ran back toward the road where she was overtaken for the final time and killed. The speculation was that she was struck on the head and in an attempt to guarantee the certainty of her death, her throat was slit and she was stabbed several times just under the chin. Information is not clear whether this was the location where the body was found or if possible her body had been moved to the pool of water in an attempt to hide it.
So ends the short life of Perninah Jane Sharp.
By William McCully
Next article posted on Thursday
Tuesday, August 10, 2010
Pet Of The Week
This cat is a female. She has been spayed this month. She is about 3 months old and very playful She deserves a good home. For more information on the cute little kitten, call the Louisville Animal Shelter at 662-773-4320 or go by the shelter located at 110 Thompson Street. Thank You!
Monday, August 9, 2010
LFD participates in Smoke Alarm Program
The Louisville Fire Department is partnering with The Mississippi Fire Marshall's Office in the Smoke Alarm Installment Program. The goal is to reduce the chance of a fire fatality in your home by providing free smoke alarms to low-income families, senior citizens, families with children under the age of 14, and individuals with disabilities. You must own your own home to qualify and the smoke alarms will be installed for you.
If you feel you qualify, send your name, address and phone number to the address below or drop it by Louisville City Hall or the Fire Department. You may also call 662-773-9402 for more information. Once your application is received, A Fire & Life Safety Educator will call you to make an appointment to install the smoke alarms in your home.
City of Louisville Fire Department
304 South Spring ST
Louisville MS 39339
If you feel you qualify, send your name, address and phone number to the address below or drop it by Louisville City Hall or the Fire Department. You may also call 662-773-9402 for more information. Once your application is received, A Fire & Life Safety Educator will call you to make an appointment to install the smoke alarms in your home.
City of Louisville Fire Department
304 South Spring ST
Louisville MS 39339
Tuesday, August 3, 2010
Estes Honored for Thirty Years of Service
At Tuesday night's Board of Aldermen's meeting, the city approved a resolution honoring Lawrence Estes for thirty years of service with the Louisville Police Department. Estes retired on June 30th as the Assistant Chief, a capacity in which he has served since 2004.
A graduate of Camille High School,Chief Estes has served in various roles with the Department since he joined the Force in 1979 after completing a Professional Football career with the New Orleans Saints, Philadelphia Eagles, the Birmingham Americans of the WFL and the Kansas City Chiefs.
The City's Resolution states that Estes "has dedicated his life to service of others through his active roles in his church, Maple Springs Methodist, and many civic endeavors, to include mentoring and coaching young men on and off the field of football and life."
A graduate of Camille High School,Chief Estes has served in various roles with the Department since he joined the Force in 1979 after completing a Professional Football career with the New Orleans Saints, Philadelphia Eagles, the Birmingham Americans of the WFL and the Kansas City Chiefs.
The City's Resolution states that Estes "has dedicated his life to service of others through his active roles in his church, Maple Springs Methodist, and many civic endeavors, to include mentoring and coaching young men on and off the field of football and life."
Pet of the Week
This young Lab Mix female is available. The animal is not spayed but is scheduled to be. It is about two to three months old. For more information on this animal or other animals that are available for adoption please contact the Louisville Animal Shelter at 662-773-4320 or go by the facility on 110 Thompson Street. Thank You! 
Winston County Supervisors approve purchases for Dean Park
At their regularly scheduled meeting on Monday, August 2, Winston County Supervisors approved the purchase of fans, playground equipment and pea gravel for the play area in the Park. At least two quotes for the items will be required.
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