PART Three (If you missed Part One click here)
On April 7,1896, a group of citizens of Talbotton drafted a resolution to call Judge William Butt to call for a Grand Jury to meet on Monday, May 1,1896. The Grand Jury did meet on that day and indicted Dr. W. L. Ryder for murder, "in that he did with malice aforethought kill Miss Sallie Emma Owen with a shotgun blast on Sunday night April 5,1896." Now the stage was set for one of the most remarkable trials ever in Talbot County history . Dr. Ryder's relatives lost no time in securing a Defense Team for the trail. They were: Col. J. J. Bull of Talbotton, Col. J.H.Worrel of Talbotton, A.A.Carson and C.J.Thornton of Columbus. Then one of middle Georgia most outstanding trial lawyers, Dupont Guerry of Macon, to round out the legal team to do battle to save Dr. Ryder's life.
The Prosecution Team was just as impressive: A popular solicitor-general Sterling Price Gilbert was one of the best attorneys in Georgia( he later served as a Superior Court Judge and as a justice on the Supreme Court of Georgia,) Col.J.H. Martin( a former Superior Court Judge, Col. J.H. McGehee of Talboltton, and Col, S.B. Hatcher of Columbus. May 25,1896 the trial began.
The first move that the Defense made was to state that Dr. Ryder could not get a fair trial in Talbot County and ask for a change of venue. They also clamed that in his present physical condition he should not stand trial at this time. In the motion on change of venue they called witnesses who testified of ill feelings in the County against Dr. Ryder. Roscoe Gorman, a cousin of the slain girl, said that he had heard a lot of talk about lynching and parties had offered" to come and lynch Dr. Ryder". Sheriff Richards testified that he was told that a mob of 60 men from Upson County had planed on Tuesday, after Miss Owen death, to lynch Dr. Ryder; on advice from local citizens he moved Dr. Ryder to the Macon jail that Tuesday afternoon . George H. Estes testified that "while a great many people want Dr. Ryder to stand trial there are some that say he ought to be hanged". Another witness said the general feeling was that "Ryder should be mobbed". The Defense rests!
The Prosecution called over 100 prominent citizens from every section of the County who testified with out exception that they believed Dr.Ryder could get a fair trial. The court felt after testimony that even though feeling against Ryder were high the overwhelming testimony of these prominent citizens prompted him to overrule the motion on May 26,1896. The Defense voiced a strong objection to this ruling! On the Question of Ryder's condition to stand trial;Judge Butt knowing this question would be faced had sent Dr. Bardwell to Macon the examine the defendant. Dr. Bardwell returned late that afternoon and told the judge that Ryder was "prostrate and appeared to be drugged." This news shook the courtroom! Supported by affidavits from two other doctors; Judge Butt had no other choice but to grant a continuance until the September term of court.
The citizens were shocked by this change of events! " How had Ryder been drugged?" they ask." What Doctor had prescribed for him?" " Who slipped him Dope?" The next day a citizen told a reporter that " no one here now believes that Ryder will ever stand trial."The people had lost faith in the court and said the court would never deal with a criminal that was backed by money and influence.
After a long hot Georgia summer with no news on Ryder's health on the streets; September 1896 arrived! September 13th, Sheriff Richards and a squad of Deputies brought Dr. Ryder from Macon by railroad to Geneva and from there by buggy to the Talbotton jail. Two Deputies guarded the cell and the next day 12 Deputies escorted the defendant Ryder to the courthouse. Word that Ryder was in town spread like a wild fire and the court room was filled to capacity. At 9am, September 14th, Judge Butt calls the case State of Georgia vs. W.L. Ryder. A murmur moved trough the courtroom;"Where Is Ryder?'
Defense attorney Dupont Guerry arose and spoke to the court;" Your honor, the defendant waives his presence here in court this morning. We have a motion to make." The motion he made to the court was to drop the indictment against Ryder on the grounds news stories surrounding the event had completely prejudiced the minds of the public against the defendant, and had already convicted him of murder, and that under no circumstances could he obtain justice in any court in Georgia. Judge Butt Allowed the defense to proceed; even though this type of motions was unusual in this time.
The defense clamed the Atlanta Constitution and the Talbotton New Era stories had caused Prejudiced in the minds of all Georgians with tales and descriptions of the death of Miss Owen, pictures of the bloody room and stating Dr.Ryder guilty of the crime before a trial and causing all to know him guilty while no one had placed him in the house at the time of the murder.The morning of September 15th 1896; Judge Butt overruled the motion based on newspaper coverage of the event. (It was 70 years later when the U.S. Supreme Court was to grant a motion stating newspapers can bias citizens and allowed a new trial for a defendant in a murder case of his wife.)
Once the motion was overruled the defense filled another motion for a continuance due to insanity growing out of a ear ailment. The motion was heard and on the morning of September 16th the State rested it rebuttal, Judge Butt overruled the motion. The trial will begin September 17th1896 the day was consumed by selection of 12 jurors. 8am, September 18th the State started presenting it's case. All day witness was made on Dr. Ryder for the state connecting him to the crime. The State rests it's case. September 19, a Saturday;
The defense call their witnesses. At 2pm Dr.T.C. Johnson, Ryder's childhood physician was called to tell of Ryder's ear ailment which cause severe headaches and moodiness as well as pain that would drive him insane. The Dr. Johnson when called didn't appear in the court room and was nowhere to be found. Court closed ar 4pm. Shortly after close of court news arrived that Dr.Johnson had been injured in a train wreck near Bostick where he was severely injured. It seems the Doctor had received word at the courthouse his wife was badly ill in Richland he had left the courthouse to go to her without permission from the court. At the depot while leaving he told David Lawson he knew Dr. Ryder in his childhood "he had nothing worth swearing to in the case. Due to his injury's from the train wreck he never was heard by the Jury.
September 21, the defense continued to call witnesses to prove Dr. Ryder 's insanity, several well none friends and towns people spoke of seeing him go insane after complaining with headaches and going into rages and act strangely for 2 to 3 days at a time over the course of the 4 years he had been in town.
September 22, most of the day was taken up with the State's witnesses rebuttal of the insanity, most of whom were close friends, co-workers, or Doctors that had checked him over the past months since the murder.
September 23,1896 the defense again try for motion for continuance, and when it was again overruled, motioned for a mistrial and it to was denied. With all the evidence presented and all motions exhausted, both the State and the Defense rested at 1:30pm. the Judge ordered the jury arguments to begin.
The State presented it's argument for 4 hours that day and continued at 7:30am September 24thand argued all that day, then closed.
All Day September 25th was allotted to the defense, who made their arguments to the jury all that day. People in the courtroom all stated both sides gave great speeches in their attempted to sway the jury.
September 26th,1896 the court convened at 7:30am with the State making it's closing argument concluding alittle after 10am. Judge Butt gave a 2hr. charge to the jury, then called for a lunch recess. At 1pm the judge ordered the jury to" retire and make a verdict." After a short time the foreman rapped on the door. After returning to the jury box, Judge Butt ask of the foreman "Do you have a verdict?" When the foreman answered "Yes" the judge told solicitor Gilbert to read the verdict. Everyone sat a waited as he read " We the jury find the defendant guilty. This September 26,1896. J.E.Garrett, foreman". The Judge Butt broke the silence"bring the prisoner forward." 2 guards lift Dr. Ryder to his feet and stand him in front of the judge. Ryder didn't appear to know what was happening or hear the judge, but he did blink his eye when the judges statement ended with "on January 15,1897, be hanged by your neck until dead." The crowd left the courtroom in an orderly fashion. Some were weeping but most felt satisfied that justice was done. Dr. Ryder was returned to jail in Columbus while his lawyers worked on a motion for a new trial.
News headlines read ROPE FOR RYDER. They also talked of this trial being one of the biggest fought ever known in the history of Georgia. By Monday trouble started as Judge Butt was notified that his sentence was illegal by one of the defense lawyers. Rumors started to go around town that Ryder was going to escape death due to a technicality.
Judge Butt returned on Monday to Talbotton only to discover that Georgia law required that a person convicted of a capital offence without a recommendation of mercy would be hanged not less than 20 days nor more than 60 days from the date of the conviction. The January 15th date exceeded the 60 day period and was in conflict with the law.
After several conferences with the state and defense attorneys; Judge Butt would vacate the original sentence and set a new hanging at the jail between 11am and 2pm on November 24, 1896. Ryder's attorneys filed a motion for a new trial, Judge Butt again overruled. This made the motion perfect to go before the Ga .Supreme Court, a stay of execution was granted till heard by the court. The Hanging is on hold!
The Supreme Court put the hearing on the February calendar. It would be argued on Febuary 24-25 1987. After all was said and done Ryder won a new trial on March 12,1897.
News of the new trial was met with mix feelings by the Talbot County people. A new date was set for July 19,1897 and Dr. Ryder was brought to the Talbot jail from Columbus where he had been held since his last trial. At 10am he was brought under guard to the courthouse by a group of guards and the Sheriff Ryder's steps were weak and unsteady, he told the Sheriff he didn't think he could walk that far. Judge Hart was going to hear the case as Judge Butt was ill. the first thing the defense did was state the had missing witnesses and they came forward with an arm full of affidavits from missing councils and witnesses and made a motion for a continuance.
The state argued for over two hours to not allow the motion. Judge Hart knowing the Supreme Court had ordered the new trial because of a similar motion in the first trial being refused granted the motion at 5pm and moved the date to the September court term.
During the time at 4:30pm when Ryder was being taken back to jail 8 men also left the court room; as Ryder was brought by one man quietly said to the others" we've had enough, each of you bring one other and meet on the Waverly Hall road west of town at 6 pm. Ryder looked at the group and knew them well.
Sheriff Richards had guarded his prisoner well while he was in Talbot County. He was proud of the citizens as they let the law run it's course and caused no trouble. He felt his prisoner was safe and detailed deputies Murphy and Boswell to take Ryder by carriage 12 miles to Waverly Hall to catch a south bound train to Columbus taking Ryder to Jail. The Deputies and Ryder leave for Waverly Hall with no trouble.
Shortly before 6 pm, 16 men fully armed load up on a wagon and 2 buggies leave toward Waverly Hall with their quarry 4 miles ahead they leave to overtake them down the road. Just as they head down the road in pursuit, a thunder storm hits with heavy lightning and rain. This slows down the mob in their chase of their prey, but they continue on. At 6:30 a excited citizen knocks on the Sheriff's door and quickly tells him a mob is after Ryder.
The Sheriff runs to the livery stable demands the fastest team of horses be harnessed to a carriage. He goes around the town square and Deputized 20 men and gave them rifles. Almost an hour behind the mob they strict out down the Waverly Hall Road. 5 miles west of town the posse stops at a farm house where he demands the fastest horse the farmer has and sends Seab Jones ahead as a courier to try and reach his Deputies and warn them,who are now at Pitts Store in Waverly Hall. The Train is due in about 10 minutes.
Arriving ahead of the deputies and Ryder was George Palmer the court reporter on his way home in Columbus. Mr. Palmer see's coming over a hill beyond the depot, in the dark a wagon and buggy. He says later " as soon as I saw the crowd I knew what was up."
The mob completely overpower the guards and take Ryder.As Ryder was being loaded in the wagon Seab Jones the courier approaches from Talbotton, he is haul ted by the mob and his gun taken, Seab was 5 minutes to late to save Ryder The Mob Had its quarry.
The original plan was to take Ryder back to Talbotton and hang him at the McCoy house near the spot where had shot Sallie Emma Owen. The arrival of the courier just warned the mob that the Sheriff can't be far behind. Sure enough after traveling 2 miles east of Waverly Hall they heard horses and wagon coming at a high rate of speed in the dark. The mob pulls over to the edge of the woods near the road and sit quietly.
Sheriff Richards see the wagons sitting on the side but isn't concerned as he was told the mob numbered 200 or more. He passed on by headed to town loosing Ryder his last chance to survive. Just missing the law caused the mob to change the plan. They turned on to the Alabama Road toward Woodland the time is now 8:30pm.
The 16 men stop at a farm house of John Willis just ahead is an oak grove. They dump Ryder out in the mud from the rain and tie his hands and feet with short rope . A long piece of rope was placed around his neck in a hangman's noose. The other end was placed in a high limb and 4 men held the end. At this time Ryder was asked if wished to pray? If he heard them he never made sound or gave a response of any kind. The rope was then pulled taunt and held firmly as 2 men raised Ryder up on their shoulders and when the rope was tightened they dropped out from under him and left him hanging till all life was gone from his frail weaken body.
Ryder was put to death 1 year 3 months and 14 days since he had shot and killed Sallie Emma Owen. Just after mid-night Ryder's body was taken back to Talbotton and placed in a coffin. His grief stricken brothers vowed to have the lynchers punished.
The September Superior Court had called for a Grand Jury investigation of the lynching. Judge Butt ask for a through investigation of this unmitigated murder. After 2 days the Grand Jury brought a report on September 14,1897. The report stated" after investigating this matter diligently and examining a large number of witnesses, we have not secured evidence enough to indict anyone". THE END
Research Sources: The Atlanta Constitution- Archives
The Harris County Journal -Sept. 2005 Article on Reenactment of trial
THERE WAS A LAND-1971 Judge R.H.Jordan
Talbotton City Cemetery
Personnel Relationships to Think About: Prof. R.A Ryder was married to Katie Gorman a cousin of the Owen girls. Dr. C.A.Ryder was married to Lucy McCoy. Gus Persons married Jennie Beall McCoy.
Questions Raised in my mind:
- Why did Sallie Owen & Jennie McCoy really stay home?
- Why did Mary Matthews and Lizzie Mae Owen go to church and never get there ?
- Were these two girls the friends that told Gus Gorman that Sallie Emma was at the house?
- Was this a game the girls played to get Gus and Sallie Emma together or maybe a way to start trouble for Sallie and Gus or to free up Gus for Jennie Beall, being he was Ryder's best friend and maybe not see her if it upset Ryder?
- Why did they want Ryder at Church alone?
- Where was Mathew McCoy all this time after dropping them off after the trip from the Elms?
- After knowing Ryder for 3 yrs. they had to know he'd go off when he saw Gus and Sallie together.
- What were they up to???
Thanks Ron Rollins Visit my site for more pictures from this story.
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