John Marlow murders Charles Atkinson in cold blood Thursday. Fired shots into mans body after he fell to the ground Judge issues order for jury. Commissioners to draw grand jurors
As the result of a neighborhood quarrel, John Marlow shot and killed Charles Atkinson yesterday morning at Atkinson's home in the North End. For several months the two families have been quarreling and both sides had threatened to bring the matters under contention to court. Wednesday evening the murdered man appeared before Magistrate Dana R. McGlothlin and asked for a warrant against Mrs. Marlow, charging her with assault and battery upon his eleven-year old daughter. It was alleged the woman struck the child over the head with a board, inflicting painful injuries. Atkinson stated to the justice "he had had enough of the quarreling and wished to put a stop to it."
Yesterday morning Marlow left his home and came to Atkinson's
residence. He asked the murdered man if he had sworn out a warrant for his wife. Atkinson replied, yes. With the words that "he had had enough of the affair," Marlow pulled out a .38 caliber revolver and shot Atkinson, as the latter was bending to crank his Ford automobile. After the first shot, Atkinson fell to the ground, and not content, Marlow fired four times at his body, three of the shots penetrating the flesh. It is not known how Marlow knew Atkinson had sworn out a warrant for his wife, since the murdered citizen showed enough consideration for Mrs. Marlow, who is in a delicate condition, and her three children, to ask Justice McGlothlin to have the warrant executed Thursday morning.
Police Notified A nearby resident telephoned to police headquarters, telling of the crime committed. Captain W. A. Smith, Patrolman Swartz, Constable Ralph Thayer, Assistant Prosecuting Attorney McDougle and Coroner Robinson hurried to the residence near Saunders Avenue and found Atkinson in the house dead, he dying in his wife's arms while She and Delbert Burdette, an eyewitness, carried Marlow's victim into the house. The murderer was standing in his front yard when the party of officers arrived at his house. He told them to come in and pointed out the gun he used in shooting Atkinson. He had reloaded it and placed it in a trunk. He was put under arrest and left in the custody of two officers, while the prosecuting attorney's assistant and Capt. Smith questioned witnesses. Delbert Burdette, who saw the whole affair, worked with Atkinson, who is a bricklayer. They are building a house together and when they went to work yesterday morning, they found it impossible to continue operations because of the rains the night before. Returning to Atkinson's residence, they talked a while and were preparing to come to the city when the murder was committed. Charged With Murder An examination was made of Atkinson's body last night at Leavitt's morgue where it was taken after the shooting. It was found that the fatal shot had entered through the side, piercing both lungs and heart. Only one bullet was found, the others lodging in inaccessable parts of Atkinson's body, one shot going through his chin, being fired after he was lying on the ground. Atkinson was about 45 years of age and of a heavy build. He is a bricklayer-contractor and is the father of seven living children. Marlow is a carpenter. The coroner will hold an inquest this morning at 10 o'clock. Judge W.B. McDougle has issued orders to the jury commissioners to draw a special grand jury to investigate the shoooting, it being his intention to try the case this term of court. According to Robert McDoulge, assistant prosecutor, there is little doubt but that the case is one of first-degree murder.
Article two dated Thursday, May 22, 1924 MARLOWE ON TRIAL FOR MURDER OF ATKINSON; INSANITY PLEA GIVEN North end man brought to court yesterday to stand trial on charge
John F. Marlow is on trial for his life in the circuit court of Wood County as a result of the killing of Charlie Atkinson at the hour of 8:20 o'clock on the morning of May 1, in North Parkersburg.
The accused man, handcuffed, was brought into the courtroom yesterday morning by Deputy Sheriff Gordon Williams to face a jury of 12 men who will decide his guilt or innocence. May 21 was set for the trial of Marlow to start and an hour before the appointed time the courthouse corridors were packed with the curious who formed an avenue through which the prisoner marched to the trial room.
Promptly at 9 o'clock yesterday morning those men who had been drawn for jury service were sworn and questiooned as to opinions they might have formed in the case, whether they were relatives of either Atkinson or Marlowe, and whether they were opposed to capital punishment.
It was late in the afternoon before the jury of "twelve good men and true" was selected to try Marlowe, for the "malicious, premeditated, and unlawful" murder of Charlie Atkinson, father of seven children ranging from babes in arms to a boy 17 years of age who first informed the police of the killing.
Jurors Selected The twelve men who will stand as judges on Marlow are: John S. Echols, North Parkersburg, president the Board of Education of Parkersburg Independent school district; C.W. Edgar, Williamstown oil driller; J.W. Bartlett, Elizabeth Pike, groceryman; J.W. McPeek, Allen Miles, Charles Johnson, L.M. Broadwater, P.Y. Moore, I.N. Farnsworth, J.A. Harding. These twelve men will not read the local newspapers while the trial is in progress and will not discuss the case in any way with anyone until the trial is ended. Four witnesses were heard yesterday afternoon, all being called by the state. The four who testified were, Ed Conger, Mrs. Ed Conger, Mrs. Nora Hart and Delphie Atkinson, the first three neighbors and the last named the 17 year old son of the murdered man. As had been intimated for some time the attorney for the defense, R.E. Bills, declared to the jury in his opening address, that the defense would attempt to prove that Marlowe was not in his right mind and hence not criminally liable for the murder of Atkinson. Counsil Bills declared that Marlowe had been known in his youth in New England, south of here, as "That Crazy" Marlowe, and has always borne the reputation of not being overly bright. Mr. Bills further declared that the evidence would show, that the dead man Charlie Atkinson had had intimate and unlawful relations with Mrs. Marlowe, wife of the accused, and that this together with his natural weakness of intellect caused the killing for which the defendant could not be held liable.
Object to Statement The statement of Mr. Bills as to the intimate relations Atkinson as alleged to have had with the wife of Marlowe was objected to by the prosecuting attorney who declared it had no place at that point, and Mr. Bills was remined of the court procedure in such matters. the intimation of unlawful connections between Mrs. Marlowe and Atkinson however bobbed up several times during the testimony of the afternoon. Assistant Prosecuting Attorney Robert E. McDougle in the opening statement for the state declared that once again in Wood County a jury was called to sit in judgment on its fellow man, this time to hear the evidence in one of the most cold blooded murders to ever darken the fair pages of the history of Wood County. Mr. McDougle went on to state the various things which the state would attempt to prove and illustrated with a paper diagram on the table the location of the houses in the neighborhood where the killing of Charles Atkinson, occurred on the morning of May 1, 1924. The assistant prosecutor declared Atkinson was 47 years of age and left a wife and seven children behind. He further declared that it was evident Marlowe deliberately and cold-bloodedly planned the murder as he had walked up and down in front of Atkinson's house several times always looking inside to see if his prospective victim were there. The assistant prosecutor related vividly the shooting of Atkinson describing how Marlowe approached Atkinson and asked him if he had procured a warrant for his (Marlowe) wife for an alleged assault on one of the Atkinson children. Upon Atkinson replying in the affirmative Marlowe then deliberately shot him (Atkinson) down, the prosecutor continued. Mr. McDougle then in concluding his opening statement, outlined the events that followed after, and led up to the tragedy in North Parkersburg 21 days ago. Insanity Plea Mr. Bills in his statement declared the defense would show the defendant was not in his right mind and not criminally responsible for the killing of Atkinson. He then brought in the suggestion that Mrs. Marlowe and Atkinson had been unlawfully intimate. C.N. Matheny, prosecuting attorney, made an emphatic reply to Mr. Bills, declaring there was nothing to show anything of the sort that Mr. Bills intimated and further stated that the state would show the murder to have been barbarous in its cruelty and inhuman in its deliberate premeditation. Marlowe moved to North Parkerburg from New England in 1923, said Mr. Bills. In outlining to the jury what the different vertict it might bring in were, Mr. Bills gave the following, (1) Guilty of first degree murder with no recommendation of mercy, hanging; (2) guilty of first degree murder with recommendation for mercy, life imprisenment in the penitentiary: (3) second degree murder, 18 years in the penitentiary; (4) manslaugher, 1 to 5 years in penitentiary; (5) involuntary manslaughter, jail sentence or fine or both at the discretion of the court. Mrs. Ed Conger declared she also saw the shooting and that Marlowe had a "dangerous" look on his face the several times he walked by their house, previous to the killing of Atkinson. Her daugher, Mrs. Nora Hart, also of that neighborhood, gave practically the same testimony. Delbert Burdette who was standing beside Atkinson when he was killed declared Marlowe had asked Atkinson "Did you get that warrant for my wife?" Atkinson, declared the witness, replied, "Well, not exactly, but I have applied for it," or words to that effect. Marlowe, further asserted the witness, then said "you did, did you?" and fired a bullet into Atkinson's body. He then proceeded to fire several more shots into Atkinson, witness said. Burdette stated Atkinson was attempting to start his car when he was approached by Marlowe and then shot, dying a few moments later. Crowd Jams Corridors Following the taking of Burdette's testimony Judge W.E. McDougle adjourned court until 9 o'clock this morning, giving the jurors into the custody of Sheriff W. T. Cochran and Deputy Sheriff R.K. Petty. The prisoner was again mancled and led back to his cell in the county prison, where the night before he kept the other prisoners awake by singing of hymns. A crowd that possibly equalled in size that which attended the trial of George Price several years ago jammed the court house yesterday. Early in the morning Judge McDougle cleared the court room of all except witnesses and other persons there on business. Later in the afternoon the witnesses were sent to other quarters to come when called but the portals were still kept closed to the huge throng which jammed against the door, flattening noses against the glass, in an attempt to see what was happening on the inside. Marlowe was dressed in a dark blue suit, with a black shirt, tie and cap on. He wore yellow shoes, apparently new, and black sox. His face remained passive except for a slight nervous twitching of the lips during the day, and a continual fluttering of eyelashes as he kept his eyes turned downward. Marlowe never spoke a work during the entire trial to either friends or his attorney. Nearby him were his wife and two children while near them were Mrs. Atkinson and her seven children. Called and Chosen M.K. Kailor, opposed to capital punishment, excused; J.D. Silcott, had formed opinion, excused; C.C. Phillips, against capital punishment, excused; W.S. Buthcher, opposed to capital punishment, excused; C.M. Kyger, accepted; Harry Dotson, accepted; C.W. Edgar, accepted; J.D. Smith, opposed to capital punishment, excused; J.W. Bartlett, accepted; John L. Hendershot, accepted; R.D. Buttermore, accepted; R.L. Howard, opposed to capital punishment, excused; L.H. Backus, accepted; L.E. Gilliand, accepted; J.S. Echols, accepted; C.E. Sellars, opinion couldn't be changed, excused; S.P. Gault, opposed to capital punishment, excused; H.L. Kathrman, opposed to capital punishment, excused; F.M. Dunham, opposed to capital punishment, excused; J.W. McPeek, accepted; Allen Miles, accepted; Don B. Lowe, hd an opinion that couldn't be changed, excused; Charles Brookover, opposed to capital punishment, excused; Charles Johnson, accepted; T.J. Cook, had unchangeable opinion, excused; C.D. Bumgardner, accepted; J.A. Life, related to Atkinson, excused; Wm. Napier, opinion, excused; Boyd Broadwater; accepted; Homer English, read the papers and had formed opinion, excused; Fred W. Beatty, opinion, excused; A.D. Clutter, opposed to capital punishment, excused; J.K. Grimm, opinion, excused; C.W. Black, opinion, excused; P.Y. Moore, accepted; I.N. Farnsworth, accepted; V.M. Davis, opposed to capital punishment, excused; W.S. Isner, opinion, excused; David Dewar, hard of hearing, excused; R.L. Woodyard, opinion, excused; Thomas Polling, related to Atkinson by marriage, excused; W.C. Vaughn, opposed to capital punishment, excused; J. A. Harding, accepted; J.E. Bosbury, opinion, excused; L.C. Case, opinion, excused; B.T. Bullard, opposed to capital punishment, excused; E.M. Utterbauch, opinion, excused; W.C. Plum, opposed to capital punishment, excused; W.A. Gandee, opposed to capital punishment, excused; A.E. Meredith, accepted.
Article three dated May 23, 1924 MARLOWE TO PROBABLY LEARN VERDICT TODAY
John Franklin Marlowe, indicted for the murder of Charlie Atkinson about 8:20 o'clock Thursday morning, May 1, 1924, will probably learn his fate sometime today. Yesterday at noon the state, through Prosecuting aAttorney C.N., Matheny and Assistant Prosecutor R.B. McDougle, rested its case after examining witnesses during the morning. The witnesses called by the state were those who were near when Atkinson was shot and killed, persons called in later, officials, relatives and other persons connected with the case. Attorney R.E. Bills who has been conducting the case for the accused man, rested his case at 4:40 o'clock yesterday afternoon after which Judge W.E. McDougle ordered the attorneys to exchange instructions and to give him copies. The court announced that it desired to study the instructions and hence would adjourn the trial until 9 o'clock this morning. Prosecuting Attorney C.N. Matheny declared there would be quite a number of rebuttal witnesses for the state, but it is not expected that the defense will have any witnesses of this nature. After the rebuttal witnesses have been heard the attorneys will then argue their case which will be presented to the jury to determine whether Marlowe is guilty or not guilty and if guilty whether he was insane at the time the murder was committed. In the event that the jury returns a verdict of guilty without a recommendation of mercy the punishment is hanging, it is said. Should they return a verdict of guilty with a recommendation of mercy the sentence is life imprisonment. Witnesses for the defense yesterday were brought to testify with the purpose of proving that the defendant was not in his right mind and insane at the time of the murder. However in the testimony which was admitted to record there was not a single instance of where a witness declared Marlowe to be crazy, they declared merely that he was "queer" and "different." Their statements were made on trivial happenings dating even years back. The first witness called for the defense was Charles Soles, Parkersburg Route No. 4, who declared he is an uncle of Marlowe. Soles was asked by Attorney Bills what he thought of the mental condition of the defendant and this was promptly objected to by Assistant Prosecutor McDougle who declared the conclusion must be given after a recital of facts and not before. He was sustained in his opinion by the court. Soles testified as to Marlowe's "queerness" by stating that one morning Marlowe had awakened and the alarm clock had gone off. Marlowe, witness said, called to his wife that the alarm had sounded but did not get up even though the alarm was ringing. Bessie Marlowe, sister to the accused, was placed on the stand and declared that her brother had been in the army seven months. On the other questions propounded by the attorney however she "did not understand" and finally Attorney Bills dismissed her. The questions were repeated clearly by both attorneys and the court stenogragher but the girl kept repeating "I don't understand." Mrs. Elias Abbott, formerly Mrs. Marlowe, mother of the accused man, was next called. Upon questioning by counsel for the defense she declared that on both her side and on her husband's side there had been insanity in the family. This was immediately objected to by the state and was stricken from the record and the jury ordered to disregard the testimony. In 1908 when Marlowe was a schoolboy, 13 years of age, C.T. Wells, teacher-farmer, declared he was what "we teachers would call subnormal." Say He is Queer Several prisoners were brought from jail to testify regarding the actions of Marlowe while confined there after the killing affair. C.A. "Blackie" Brannon was the only one whose testimony was admitted. Evidence of C.C. Lett and Jess Lowther was ordered not to be considered as they had been convicted of felonies, Lowther in 1914, which hurt his creditability as a witness. Paul Fredericks was also summoned but the state objected on the same grounds. J.M. Cochran, deputy sheriff, was called, and questioned regarding the actions of Marlowe, but did not know much about the accused. The defense then announced it rested its case. Principal Feature Justice D.R. McGlothlin testified as to issuance of the warrant sworn out for Mrs. Marlowe by Atkinson, in which warrant, it was charged Mrs. Marlowe assaulted Dessie Atkinson by hitting her over the head with a board. Other witnesses were: Mrs. Mary Kidwell, Mrs. Ed Morris, Elisha Hale, neighbors of both the dead man Marlowe, Capt. W.A. Smith, Patrolman Bert Schwartz, Constable Ralph Thayer, the officers who arrested Marlowe, Dr. R.G. Lang who performed an autopsy, F.B. Irwin, embalmer, Connie Atkinson, brother of the dead man, and R.B. McDougle, assistant prosecutor. Made Confession Mr. McDougle was with the officers when the arrest was made and himself conducted an investigation of the shooting. He introduced into the record an alleged confession said to have been made to the prosecutor by Marlowe about an hour after the shooting. The confession, according to Mr. McDougle's evidence, was taken down in the shorthand by Miss Velma M. Pettit, stenographer in the office of the prosecuting attorney. The alleged cofession in shorthand was trascribed by the stenographer under his direction, declared Mr. McDougle. It was witnessed, he declared on the stand, by Capt. W.A. Smith, Miss Pettit, the stenographer, and himself. In the alleged confession, as read to the jury, Marlowe was told that he realized anything he said would be used against him and that he was not forced to say anything, any statement he might make being given voluntarily. He admitted the shooting of Atkinson, in the alleged confession. The court room was again packed, yesterday however, spectators being admitted. Marlowe maintained the same attitude as on the opening day of court. Yesterday, however, neither his wife nor children were by his side.
Article four dated Saturday, May 24, 1924
John F. Marlowe, 29, coal passer for the Baltimore and Ohio railroad, was found guilty late yesterday afternoon by a jury in the Wood county circuit court of first degree murder of Charles Atkinson, May 1. The verdict, however, had the addendum, "with the recommendation for life imprisonment," and hence the prisoner will have to spend the remainder of his natural life in the West Virginia state penitentiary. The case was given to the jury at 2:25 yesterday afternoon and at 4:10 they came back to the court room but did not render their verdict until 4:20. The first verdict found him guilty of murder in the first degree, with a recommendation of mercy. Judge W.E. McDougle informed the jurors that they must state what their recommendation was and the verdict was changed to read guilty in the first degree, with a recommendation for life imprisonment. Echols Chairman John S. Echols acted as foreman of the jury. The other jurors were: C.W. Edgar, J.W. Bartlett, J.W. McPeek, Allen Miles, Charles Johnson, L.M. McKenna, Charles Zeek, Boyd Broadwater, P.Y. Moore, I.N. Farnsworth, and J.N. Harding. Following the rendering of their verdict the court thanked the jurors for their services and dismissed them for the remainder of the present term. The trial of Marlowe for the murder of Atkinson started Wednesday morning and was pushed vigorously by the prosecuting attorney's office to a successful conclusion yesterday afternoon. Marlowe received the verdict of the jury without the quiver of an eyelash and his wife who was by his side during the latter part of the trial also failed to display emotion of any sort at the result of the trial. The prisoner had kept his eyes almost entirely closed during the time he was on trial and had never spoken a word either to his wife or to his attorney. When called to face the jury and receive the verdict he did not lift his head, receiving the result silently and displaying the same taciturnity which has marked his stay in jail and in the court room. Thought Him Sane Rebuttal witnesses were called by the state to testify as to the mental condition of Marlowe. Those who were called and their testimony being that he did not appear to be insane but rather he seemed to be sane, were neighbors, and officials. The witnesses called by the state yesterday morning for rebuttal were: George C. Smith, B. & O. fireman; W.A. Sharp, engine house foreman, B. & O.; George Wise, stationary fireman, B. & O.; Capt. W.A. Smith, local police; A.M. Schwartz, city patrolman; Ralph Thayer, constable; Mrs. Joseph T. Butscher, Jr., stenographer in the office of the prosecuting attorney; Gordon Williams, deputy jailer; Elisha Hale, Ed. M. Conger, Mrs. Myron Hart, Mrs. Nora Hart, Mrs. Sanford Eddy, Fred Ball, Mrs. Flora Ball, Mrs. Ed. Morris; Dr. H. W. Nimol, assistant Medical surgeon, Baltimore and Ohio railroad, who examined Marlowe when the defendant went to work; Mrs. MaryKidwell, Dana Dyke, Delphie Atkinson, Mrs. Martha Atkinson, Carl Buskirk, Sam Boette, Robert B. McDougle, assistant prosecutor. All the witnesses declared that they regarded Marlowe as sane. Cold Blooded Crime The assistant prosecutor declared that in the old days men would have settled their differences by taking a weapon of some kind and slaying their adversaries. But now, he went on, there are courts in which all are given an equal chance and it was the duty of the jury to protect the law-abiding citizens. He continued to state that Marlowe had deliberately, maliciously, premeditatedly, unlawfully and feloniously shot and killed Charlie Atkinson on the morning of May 1, 1924 . The opening statement of the defense that Atkinson had been unlawfully intimate with Marlowe's wife was vigorously scathed by the state's attorney, who declared that the defense had failed to produce a single witness to substantiate this claim or that Marlowe was insane. In conclusion, Mr. McDougle declared the crime had been proven beyond the shadow of a doubt, that the accused had no defense, that there was no excuse for the crime, and hence he asked the death penalty for the accused. Bills Statement
Shortly after the rebuttal witnesses for the state had been heard each side was allowed one and one half hours for argument, which being taken, the jurors were given their instructions in the case. They then retired to the jury room whence they emerged one hour and forty-five minutes later with their verdict. Marlowe was committed to jail to await his being sent to the state peniteniary. During the three days of the trial the court room and entire court house were packed with people interested in the case. Many relatives of the dead man were in the court room when the verdict was returned.
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Articles taken from "THE PARKERSBURG NEWS" (improper grammar and spelling mistakes included)
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