United States v. Waller

• Decision Date: 23 December 1954
• Docket Number: Civ. A. No. 4821.
• Citation: 126 F. Supp. 537
• Parties: UNITED STATES of America ex rel. Joseph SHEFFIELD v. Hiram B. WALLER, Sheriff of the Parish of Franklin, State of Louisiana.
• Court: U.S. District Court — Western District of Louisiana

126 F. Supp. 537

UNITED STATES of America ex rel. Joseph SHEFFIELD v. Hiram B. WALLER, Sheriff of the Parish of Franklin, State of Louisiana.

Civ. A. No. 4821.

United States District Court, W. D. Louisiana, Monroe Division.

December 23, 1954.

Eugene Stanley, J. Charles Collins, Jr., New Orleans, La., Leon A. Picou, St. Francisville, La., for relator.

Fred S. LeBlanc, Atty. Gen., State of Louisiana, M. E. Culligan, Asst. Atty. Gen., State of Louisiana, Harry N. Anders, Dist. Atty., Fifth Judicial District, State of Louisiana, Winnsboro, La., for respondent.

DAWKINS, Jr., Chief Judge.

Presented here by an application for habeas corpus, we have for decision the question of whether due process of law was done, under the Federal Constitution, in a State court conviction of murder. Jurisdiction exists.¹

On June 14, 1953, John L. Waller, a deputy sheriff in Franklin Parish, Louisiana, acting in line of duty, was killed instantly by a shotgun blast. Nineteen days later Joseph Sheffield, relator herein, stood convicted of the crime in the State District Court, and was sentenced to death in the electric chair. In that brief interval he had been indicted, arraigned, tried, convicted and sentenced.

Haste was the watchword:

A grand jury was called into special session on June 17, 1953, three days after Deputy Waller was killed, and immediately returned its indictment charging relator with murder. He was a penniless, 24-year-old sharecropper, with a sixth-grade education, ignorant of trial proceedings and unable adequately to understand or conduct his own defense. By 1:30 P. M. the same day, the District Judge had appointed counsel for him, he was arraigned, pleaded "not guilty", and the case was fixed for trial twelve days later, on June 29, 1953. In the early evening of June 30th, after about three hours deliberation, the jury returned its verdict of "guilty as charged", requiring a capital sentence. This was imposed by the judge on July 3rd. Relator has not been executed because, as explained infra, the Governor has withheld signing his death warrant.

For a thorough exposition of the case, it is necessary that we narrate in some detail the salient facts as they developed from the time of the shooting. Some relate to matters which essentially constitute lack of due process; others to connected pre-trial and post-trial developments, as well as to trial tactics. Together they clearly demonstrate that relator, with whose guilt or innocence we are not here concerned, did not receive a fair and impartial trial, which is his right, and the right of all persons, under the Federal Constitution, Amend. 14.

Unfortunately, no stenographic record was made of the testimony and State trial proceedings, although a qualified court reporter² was available in Winnsboro, the Parish seat where the trial was held. Consequently, we have had to depend on the memories of some of those present, and upon meager court minutes, as to what transpired. Likewise, there was a natural but regrettable reluctance on the part of some participants to disclose fully, and with candor, what took place. Nevertheless, we believe we have seen and heard enough to reach some reasonably solid conclusions.

Shortly after the shooting, relator was arrested and placed in the Parish jail at the courthouse in Winnsboro. He has remained there since, except during the hearing on his present application. On the day of his arrest, under questioning by the District Attorney, he admitted he had fired the fatal shot, but contended in effect that he had done so in self-defense. On further questioning the next day, he withdrew his statements tending to establish self-defense and made a damning confession which was the coup de grace at his trial. He had no counsel when these statements were taken.

During the afternoon of Sunday, June 14th, while relator and others were being questioned, a fairly sizeable crowd of about fifty to a hundred persons — coming and going — congregated at the courthouse square. These people were not unruly, however, and no danger of mob violence appeared then or later. Those who came and went expressed a sense of horror that "another" law enforcement officer had been done in, it appearing that several others in the North Louisiana area had been killed in line of duty within a relatively few months. That there was an "open season on peace officers", seemed to be the common sentiment.

On Thursday, June 18th, the weekly "Franklin Sun", the "Reading Habit of Franklin Parish People" and the only newspaper published there, carried a banner headline, front-page story about Deputy Waller's death and relator's arrest. There were pictures of the deputy and of relator in jail. Over relator's picture was a caption which read: "Charged with Murder". Underneath it was the following:

"Joseph O. Sheffield, 24, obliged photographers from The Sun with this photograph in his cell in the Franklin parish courthouse, where he is held on a charge of murder in connection with the fatal shotgun shooting of Deputy Sheriff John L. Waller, 41, near Wisner Sunday afternoon. He told The Sun he `guessed' he regretted the fatal incident. His trial is scheduled to begin Monday, June 29." (Emphasis supplied.)

Over the deputy's picture was the caption: "Officer Slain". Underneath it was the following:

"John L. Waller, 41, of Gilbert, a Franklin Parish deputy sheriff, was fatally shot with a 20-gauge shotgun by Joseph O. Sheffield, 24, at a farm house near Wisner Sunday afternoon. The slain officer was buried Wednesday shortly after a grand jury in special session indicted Sheffield on a charge of murder. Trial has been set for Monday, June 29." (Emphasis supplied.)

The banner story of June 18th contained the following language:

"Franklin Deputy Sheriff John L. Waller was buried yesterday afternoon and his slayer, 24-year-old Joe Sheffield, goes to trial on June 29 on a charge of murder.

"Only a few hours before the 41-year-old officer was laid to rest, a grand jury here in a special session returned an indictment charging the youthful Sheffield with murder in connection with the fatal shooting at a farm home near Wisner Sunday afternoon.

"In a maximum security cell of the Franklin Parish jail, the slayer said yesterday he `guessed' he regretted firing a fatal shotgun blast into the neck of the officer, but he was not `losing any sleep' because of the act.

"Earlier, he allegedly told officers he `had a bellyful of being messed with by the law' and shortly before the shooting he reportedly vowed to shoot `the first law that comes in sight.'

"Authorities said Deputy Waller, a brother of Franklin Parish Sheriff Hiram B. Waller, was slain while investigating `a disturbance' at the home of J. H. Wilson, Sheffield's step-father, about three miles south of Wisner. Waller reportedly drove to Wisner, picked up Special Deputy Sheriff Homer Hodges and drove to the Wilson home.

"According to authorities, the two officers approached the Wilson home from the side and were met by Sheffield, who was armed with the .20 gauge shotgun. Hodges, describing the events leading up to the shooting, said Sheffield came up to the officers' automobile and thrust the muzzle of the gun toward Hodges who ducked and told the youth `not to do that'.

"Officers said Sheffield fired the shotgun at that moment and the charge struck Waller, who was on the opposite side of the vehicle. Waller was climbing out from behind the steering wheel when the charge struck him, Hodges said.

"Hodges said he jerked the shot-gun from Sheffield's hand and chased the youth, who dashed inside the farmhouse. Hodges reportedly fired one shot from his pistol at Sheffield, and continued on into the house in pursuit. He said he was met inside the home by Sheffield, who had armed himself with another shotgun. Hodges was quoted as saying he did not fire again because the home `was full of people'. He then left the Wilson home.

"The deputy was picked up near the scene by a farmer in a truck, who took him to a nearby store where he summoned help." (Emphasis supplied.)

On June 25th, just four days before the trial, a front page story included the following:

"Joseph O. Sheffield goes on trial in the Franklin parish court house Monday morning, charged with the murder of Deputy Sheriff John L. Waller of Gilbert, near Wisner on June 14.

"The 24-year-old prisoner has spent a quiet 10 days in his cell in the parish jail in the courthouse since he was taken into custody after shooting the 41-year-old officer with a .20-gauge shotgun. He has had few visitors.

* * * * * *

"The fatal shooting of Deputy Waller, a brother of Franklin Sheriff Hiram B. Waller, occurred at the farm home of J. H. Wilson some two or three miles south of Wisner shortly after noon on June 14.

"The officer had proceeded to the scene of the incident to `make an investigation of a disturbance' reportedly created there by Sheffield, and picked up Homer Hodges, a state conservation agent, in Wisner. A `very few minutes' before the two reached the scene Sheffield reportedly loaded the .20-gauge, single-shot shotgun and in the presence of Mr. and Mrs. Billy Pilgram, declared that `If they come out here, someone will probably go to hell * * *. If anyone comes out here someone will die'. Both Mr. and Mrs. Pilgram tried to reason with Sheffield, it was stated, advising him not to arm himself, to no avail.

"After the officer parked the car, Sheffield allegedly walked to the right side of the automobile, holding the gun pointed at the two men inside the car, and fired the weapon. Hodges, who was sitting on the right hand side of the car, ducked and the back of his neck was seared by the load, it was stated.

"The full load struck Waller in the neck, ranging downward into his heart and killing him instantly, it was stated. He fell to the ground near the rear of the automobile.

"Immediately after the shooting, Hodges grabbed the gun and wrested it from Sheffield, who ran through the

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