Tommy Porter Given Life Imprisonment

His Youthful Appearance Helps to

Prevent Death Penalty

The Jackson Times, January 6, 1922

Tom Porter, one of the men who was indicted with Bud Noble and others for the murder of Maggie Allen and Albert Roberts during an assault on the jail on the night of December 9th, was put on trial last Thursday, December 29th. The court entered an order directing that 100 men be summoned from Lee County for jury service; and Deputy Sheriff Flint Davis was appointed by the court, and sent to summon the jury, a large number of whom arrived on the noon train Friday. Immediately after convening court at one p. m. the following jury was selected:

Charlie Spencer, F. M. Lucas, B. L. Gardner, Jesse Colomese, J. King, Dailey Amburgy, Jerry Miller, Seldon Palmer, J. M. Brandenburg, Riley Coomer, W. H. Chapman, and Alex Bowman; and the trial begun.

The remainder of the evening was used in taking the evidence of Jailer A. A. Allen, father of Maggie Allen, for complicity in the murder of whom Porter was being tried. The prosecution proved, by Jailer Allen, that Porter was present at the jail on the night of the killing, and that he saw and recognized him. He also gave a detailed statement of how the band of men came to the jail and called, saying they had a prisoner to put in jail, and that he called to his son, Oscar Allen, who was deputy jailer and was asleep on the second floor, to come down and bring the keys; of how they opened the front door and passed him, met Oscar near the head of the stairs, and began to shoot; how his daughter, Maggie Allen, and his son's wife, Sarah Allen, rushed to the door of their room and begged the men not to shoot any more; and how the bandits brutally shot them after they had already been fatally wounded, and left them dying on the stairs. When he mentioned the heroic efforts of young Roberts, who lost his life while attempting to drive away the bandits, he showed signs of great emotion. At the close of his testimony the court adjourned until Saturday morning, when Oscar Allen was called to the stand. He told briefly, but vividly, of the tragedy, how he responded to the call of his father, and started with the keys, but was met at the head of the stairs by a man, who he saw by his flashlight, wore a false face, but who he recognized to be Soldier Noble; who was followed closely by two other men whom he took to be Bub and Beecher Noble. He said that when he threw the flashlight on the man he recognized as Soldier Noble, that he (Noble) made a grab for the keys, and that he threw them behind him, into a dark room; that immediately Noble fired at him, the bullet glancing his left ear and knocked him down. His wife then rushed to her door and begged the man to not shoot her husband again, he then put the pistol against her abdomen and fired; she fell to the floor. Then his sister, Maggie Allen, rushed out of the room crying begging them to not kill him, where upon two shots were fired at her, taking effect, causing her to fall on the stairs, and that she then pleaded not be shot any more that she was already killed; but two more shots were fired, which also struck her.

It was about this time he said, that young Roberts rushed to his room door and was shot through the breast near his heart, but emptied his pistol as he fell, causing the desperados to flee. He was found a few minutes later in a crouched position by the banisters, with his pistol lying on the floor in front of him, in a dying condition. He was carried to his room and placed in bed, and only lived a sort time. He also told of how Maggie Allen and his wife were found on the stairs, seriously wounded and bleeding to death; that they were carried to the Bach Hospital, where Maggie Allen died three days later, and where his wife yet lied in a critical condition.

Many other witnesses were introduced, who saw the defendant and others of the gang at various points, both going and coming, between Lost Creek and the mouth of Quicksand; some of whom were: Mr. and Mrs. DuVall Bach, Henry Gross, Hargis Sallee, Walter Strong, Charlie Deaton, George Deaton, Henry Davidson, and Dock McIntosh.

Other evidence introduced by the commonwealth, was persons who identified the hat found on the stairs at the jail; conversations of Porter and his associates while in the house at DuVall Bachs' regarding the losing of a hat and pistol; and the procuring of the high power gun from the home of Alfred Noble, on Grapevine, in Perry County. The commonwealth closed its evidence about two p. m. Saturday and the defendant was immediately placed on the witness stand. He admitted that he and Will Penn Watts went to the home of Alfred Noble, on Grapevine, at the request of Bud and Beecher Noble, who promised to pay him $25 to secure the army rifle. On their way they stopped at the home of Dock Davidson and got Hagins Noble, son of Alfred Noble, who went with them to Alfred Noble's home; and while he, Porter, waited outside, Hagins Noble went into the house and brought out the gun. The defendant stated that Sam Grigsby, who is also under indictment, came to the home of Alfred Noble, and held a consultation with him while the defendant and his associates were securing the gun; on the point he varied a little on cross examination. He said they then rode to the home of Hiram Watts and ate supper; then rode on to the home of Bud Noble, where they again ate supper; that it was about 9:30 p. m., and that Bud Noble's wife told them Bud was gone and said for them to meet him at the mouth of Quicksand. He also stated that when he left W. N. Noble's home, Friday afternoon, that being the place where the arrangements were made by Bud and Beecher Noble, for him, Porter, to go after the gun; that Bud Noble told him to bring the gun to his house, and if he had gone for them to come on to the mouth of Quicksand. He said he, Noble, and Watts came on to Quicksand and waited, but did not see Bud Noble. He denied coming on to Jackson, but said he and his associates went to DuVall Bachs' and stopped to warm about two a. m., and on to Hargis Sallees' about 4:30 a. m.; then to Lost Creek and home that morning. The other witnesses introduced by the defense to hear out his story were as follows:

Will Penn Watts and Hagins Noble, who testified that they were with the defendant the entire night and came with him to Quicksand; Lewis Watts, a brother of Will Penn Watts; and Carrie Noble.

The case was ably argued: Hon. A. S. Johnson and Grannis Back for the defense, and A. Floyd Byrd and W. L. Kash for the state; after which the case was given to the jury at about ten o'clock Tuesday, and before noon a verdict was returned giving the defendant, Tom Porter, a life term in the state penitentiary. It was not a surprise to have the jury fix a life term in prison on account of the youthfulness of the defendant and their belief that he was led into the committing of this awful crime by older men, who are more deserving of severe punishment than was Porter.

Much interest was demonstrated throughout the trial, and at most all times the large courtroom was well-filled with interested spectators; among who were many ladies.