Rebuttals In Death Trials

Louisville Post, June 20, 1922

Probability that the jury trying the four Democratic defendants in the Clayhole precinct election murder trials here would start its deliberations some time tomorrow was the belief expressed by court attaches today.

The defense closed its case last night, and rebuttal arguments were expected to take up all of today's session. Both the defense and prosecution were allotted eight hours each in alternative division to close their evidence.

Expect No Convictions

If any of the Democrats are convicted, the Republicans who are involved in the prosecution will be much surprised. With apparently no strong case against Shade and French Combs, the Republicans have attempted from the start to fasten responsibility for the fight on George Allen and Leslie Combs. They developed but little evidence against George Allen, but built up an impressive case against Leslie Combs. Approximately a dozen witnesses testified that they saw Leslie Combs kill George McIntosh, starting the fight. Most of these are Republicans who are under indictment in connection with the fight. Witness after witness had testified that this is not true. The defense has fairly swamping the Republicans with testimony of the witnesses who declare that Leslie Combs did not take part in the fight. An indication of the "faint heart" which has possessed the Republicans with the propaganda which they are easy spreading about. As told by their agents who are seeking to control public sentiment here the case is summed up in something like the following:

Say Nobody to Blame

"It was a free for all fight. The Democrats were trying to carry Clayhole for their party and the Republicans were trying to keep them from stealing it. Everyone was worked up and nobody is to blame. They all should be released. It was just an election fight."

A few of the more partisan Republicans believe the jury might fail to agree, and hope that this will happen, and that they can secure a continuance of the cases against the Republicans. In this way they would tear out the Democrats and ultimately free the indicted Republicans. At yesterday's session the defense proceeded in introducing testimony from "Aunt" Kate Sizemore, who testified for the so-called Republican clan, had said that the "Mitch Crain crowd was after her to swear that she saw Leslie Combs kill George McIntosh, and that they had plenty of money, and she was going to do it, although she knew it was not so."

Three witnesses testified to hearing Aunt Katie make the remark.

Dramatic Session

Last night's session was the most dramatic of the trial since it opened here last week. Mrs. America Combs, aged 60, mother of Leslie Combs, a defendant, and Cleveland and Asbury Combs, who were shot and killed, as the final witness presented. She identified the clothing worn by her dead sons, and swore as to its condition.

The black coat worn by Asbury had been "cut off him because he was all shot up," and it was necessary to removed the back for that reason, she said, several bullets having hit him from the rear.

She described events leading to the deaths of her sons and said she found them after they had been shot; Cleveland Combs in the election house and his brother, Asbury, in back of the house.

Mrs. Combs was attired in a plain black silk dress. When the clothing of her two dead sons was introduced, with its bloodstained and bullet-ripped condition, she broke down and cried, sobbing into a handkerchief with which she covered her face.

Identified Sons' Clothing

"Lord, I don't believe I can look at 'em," she cried. She regained her composure, however, and aided the defense attorneys in identifying the clothing of each son. When the corduroy coat of Cleveland Combs was exhibited she said, "That's Cleves."

Bloodstained olive drab army breeches worn by Cleveland Combs were identified by her as his. These, together with other garments, including the underclothing of both men, were examined carefully by the jury.

Mrs. Combs claimed George McIntosh shot Cleveland Combs and that Asbury Combs shot McIntosh. While she did not attempt to substantiate the claim she said that was her belief. The state waived the privilege of cross-questioning her.

During yesterday and last night's session, 17 witnesses, including all those recalled, were placed on the stand by the defense.

Large Crowd

The largest crowd since the opening of the trial occupied the courtroom last night. All the seats were taken and standing room within the enclosure ordinarily reserved for those connected with the affairs of court and its cases was occupied.

Attention today rested to some extent on the fact that additional indictments for false swearing may be asked against Susan Centers and Floyd Napier in connection with their testimony in the present case. The grand jury was expected to convene. Charges ready for presentation in anticipation of a grand jury session while the present trial is being held.

Campbell Testifies

The first witness called yesterday was James B. Campbell, who stated he had no knowledge regarding the first shot fired in the gun fight at the Clayhole election precinct, in which four men were killed and 17 others wounded. The state contends that Leslie Combs fired the first shot, while the defense insists George McIntosh fired the first shot. This point of argument continues to hold the center of interest.

Cora Center, 25, in her testimony, said Ed Combs told George Allen to get outside of the wire surrounding the voting house, and that she overheard the conversation. ed called Allen a "blame liar" and showed papers which he claimed gave him authority to remain within the wire fence. Ed Davis jerked a pistol from his pocket, she said, during the talk with Allen, and at that junction George McIntosh, Republican challenger, appeared in the doorway of the voting house, and that he drew his pistol.

"George McIntosh fired the first shots, the first two shots," she declared; "then the general shooting started." She said she saw William Campbell shooting at Asbury Combs, who was passing the voting house, and saw Will Campbell back up and "shoot the poll books." The court sustained an objection of the state regarding the shooting of these poll books, and the testimony was removed from the records.

"Shot As He Begged Mercy"

Maude Landrum, a cousin of William Campbell, and her mother, Mrs. W. J. Campbell, a defense witness, were called. The latter said "that at the time Shade Combs was shot he had his hands up begging for mercy."

Will Barnett, another witness, was asked by the defense if he stated Combs killed George McIntosh. He replied in the negative. In an effort to refute the testimony Maude Landrum was recalled, and claimed Barnett state Cleveland Combs was the man who killed McIntosh.

Solomon Noble testified that "Arne Davis came to my store the night before the election" to purchase cartridges. An objection by the state was sustained, whereupon the defense entered an avowal that Ed Davis had furnished Arne Davis with the money to make the purchase and that during the transaction Arne Davis said, "I'm telling you something. Many a poor man is alive tonight who will not be alive tomorrow."

During the past week of the trial the expression of a "straddle pole" was recorded as having been used by George Allen in reference to Ed Davis. Today, for the first time, a witness described the "straddle pole" as one who belongs first to the Democratic party, then "flops" to the Republican party. The "straddle pole" reference by Allen to Combs is, according to witnesses, one of the causes which precipitated their pistol fight.