Fletcher v. Commonwealth

• Decision Date: 16 October 1906
• Citation: 123 Ky. 571,96 S.W. 855
• Parties: FLETCHER v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

96 S.W. 855

123 Ky. 571

FLETCHER v. COMMONWEALTH.

Court of Appeals of Kentucky.

October 16, 1906

Appeal from Circuit Court, Logan County.

"To be officially reported."

W. R Fletcher was convicted of rape, and he appeals. Affirmed.

Sims &amp Grider and S. R. Crewdson, for appellant.

John S Rhea, Browder & Browder, N. B. Hays, and C. H. Morris, for the Commonwealth.

HOBSON C.J.

In May 1905, Vincent Gladder, with his daughter, Mary Gladder, left Mitchell, Tenn., with the intention of walking to Hopkinsville, and there taking the train to Milwaukee. Neither one of them could speak English. When they reached Russellville, they misunderstood the direction, not being able to speak English, and took the Greenville road. After going four or five miles from Russellville, they stopped and camped by the side of the road. Vincent Gladder and his daughter had come to this country from Austria in the month of September, 1904. He had been at Chicago, St. Louis, Little Rock, Chattanooga, and Mitchell, Tenn. He was a blacksmith by trade, but could not do much on account of being unable to speak or understand English. He was between 50 and 60 years of age, and had spent all the money he had when he reached this country, except something over $50. After they had stopped on the side and camped John Sacra and Jim Lyon came along the road and stopped. Mary Gladder was a stout girl 23 years of age. They were drinking, and offered Gladder and his daughter whisky. After staying a while they went on to the house of Jim Lyon. After supper Sacra went for W. R. Fletcher; Guy Lyon already being at Jim Lyon's house. Sacra was heard to say to Fletcher, "I want you to go with me to see a woman to-night." Fletcher said, "All right." Fletcher had been to Russellville that day, and had come home in the evening intoxicated. The four went from Jim Lyon's house to where Gladder and his daughter were camping. As they went along they passed Woodson Mayhew and Frank Head, who were watching a tobacco bed to prevent the plants being stolen. Both Fletcher and Sacra took a pistol with them from Fletcher's place. As they went along one of them shot off his pistol; and another halloed, "Let her go, Bill." One of them asked, "Where are they at?" Another of the party answered they were camped at the pond. Hearing this, Head and Mayhew followed them at a distance. When they reached the place where Gladder and his daughter were, they built up the fire. After they had done this, and drunk whisky around, one of them made a motion to somebody who was not in sight of Head and Mayhew, and then Vincent Gladder joined the circle at the fire, and the girl also. They offered Gladder and his daughter whisky, and also offered her money, which she refused. While they were standing there by the fire a man passed by in a buggy, but did not stop, paying no attention to what was going on, and only seeing the parties standing around the fire. Soon after this Sacra and Guy Lyon seized the girl and were dragging her off from the fire, when her father interposed. Fletcher and Jim Lyon thereupon presented a pistol at him, and forced him to stand still. They had been waving and shooting off their pistols around the fire. After Guy Lyon and Sacra had dragged the girl off into the bushes Head and Mayhew came up to the fire, and Head went on to where Sacra and Guy Lyon had the girl down. Guy Lyon was holding the girl, while Sacra was getting upon her person to ravish her, and she was struggling and crying. Head remonstrated with them, and one of them pointed a pistol at him. Finding that they could do nothing, Head and Mayhew left. After they left the girl was ravished in turn by each of the four. Head and Mayhew toward morning got some of their neighbors to come with them, and returned to the scene. All the parties had then left. They found at the fire some articles of woman's attire, also a valise near by, and at the place where the girl was ravished the ground was torn up, showing signs of a struggle. There they found a memorandum book and some papers belonging to Guy Lyon, also the top of a razor case. The girl and her father, wandering around in the dark, finally early in the morning made their way to Russellville, and warrants were issued for the arrest of the four. We have omitted the sickening details of the outrage, and have only given a brief statement of the occurrence.

The circuit court was in session. The defendants were indicted and arrested that day, and were sent for safekeeping by way of Franklin to Bowling Green. On May 25th the cases were set for trial on the 31st. On the 31st the defendants entered a motion for a change of venue, which was overruled. They also entered a motion for a continuance. This motion was sustained, and the case was continued. At a special term held in July they entered a motion to quash the indictment. This motion was overruled. Sacra was tried at that term, but Fletcher was not tried until a special term held in August. He was then tried by a jury from Todd county, which failed to agree. At the September term he was tried again by a jury from Simpson county, which found him guilty as charged, and fixed his punishment at death....