The Gainer / Collins Murders

 The Gainer / Collins Murders

Across the road from the L&N Railroad Depot in Milton, Florida was a building complex consisting of an Ice Factory, a general store, and a warehouse with the office of the Collins Construction Company. The buildings were owned by Spencer G. “Babe” Collins with the exception of the Ice Factory which he had recently sold to the Gulf Power Company.

The evening of February 26, 1931 saw a raging fire consume the buildings. The local firefighters were able to heroically contain the damage and the nearby home of the Brashear family was saved. The family was so thankful their home as spared that they publicly thanked the firemen in the local newspaper.

In the ruins of the warehouse, the safe belonging to the Collins Construction Company was found open and emptied with the exception of some fire damaged road bonds. These bonds had been issued by the First National Band for the construction of Highway 37. This road was constructed on an existing road bed from Milton north to the Alabama state line near Dixonville. (It is now Highway 87, and included the construction of a $30,000 bridge.)

Investigation of the burned remains of the building led the authorities to suspect arson. For some reason that is unknown, suspicion fell on the construction company’s bookkeeper, Aubrey Gainer, a well-known and liked 33-year-old from a popular local family. Gainer’s father had recently retired from operating a store on Oak Street near the courthouse. Aubrey was married to Emily (nee’ Carlson), and had an eleven-year-old daughter named Betty. Emily’s parents owned a restaurant in Milton

Spencer Gilbert, (Babe) Collins was possibly the wealthiest man in Milton. His house was the brick home across from the Methodist church on Berryhill. In the 1930 census the house is listed as having a value of $15,000 which was the highest in town. (The church now owns this house.) 

I have read statements in the past claiming that the Collins Construction Company was under investigation for tax evasion by the state of Florida. I also read that Aubrey Gainer was cooperating with the investigation. I haven’t been able to substantiate these claims, but I would like to know more.

Aubrey Gainer was arrested and indicted for the arson. It was claimed that he set the fire to cover shortages in the books of the construction company. Of course, the books were not found and there is no evidence to support the claim. On June 3^rd, Gainer was acquitted of arson in the Circuit Court. He must have known by now that his cooperation with the authorities in the tax case was no secret and began making moves to get out of Santa Rosa County. He bought a $50,000 life insurance policy and he invested money in some drug stores in Crestview, Okaloosa County. He waited too long to make his move.

 

 On June 14, 1931 with great fanfare, and loads of visiting dignitaries, the bridge across Santa Rosa Sound opened allowing vehicles with up to four passengers to pay one dollar to drive across the sound to Casino beach. An excess of four in the car paid 10 cents a head for the overage.

On July 18^th Aubrey Gainer, wife Emily, daughter Betty, and Betty’s friend Myrtle Mitchell, the Santa Rosa County Sheriff’s 11-year-old sister, piled into the Gainer car for an excursion to check out the new bridge. An outing such as this in 1931 must have been quite exciting to the young ladies, and Aubrey surely needed a break from the pressure he must have been under. (I wish I knew what kind of car he owned.)

Around 10 pm, or so, the weary sightseers returned to Milton, and after dropping Miss Mitchell off at the Sheriff's office, made their way to their home on Pine Street. The Gainer home was on the corner of Pine, and Escambia with a separate garage located behind the house with its entrance off of Escambia Street. About 300 feet due south of the garage was Hill Street and then the L & N railroad tracks.  (These parts of Escambia, and Pike streets no longer exists.)

Aubrey dropped Emily, and Betty off before he turned into the garage, and they moved into the yard to await Aubrey to walk to the house. Gainer parked the car, exited the garage and taking Betty by the hand started to walk to the house. Then, suddenly a shadow appeared from behind the garage and fired a shotgun directly into Aubrey’s torso. As he fell, he pulled Betty down with him. The gunman disappeared into the night as Emily, and Betty screamed for help. The neighbors heard the commotion and called Sheriff Mitchell. The Sheriff and Chief Deputy Wade Cobb arrived at the scene, and though it looked bleak, Gainer was still alive and they arranged transportation to a hospital in Pensacola where he died early the next morning. The attending physician said Gainer was hit with nine pellets, six of which passed all the way through his body, and three were removed.

The home of the Gainers

From the 1917 Sanborn Fire Insurance Map of Milton

Sheriff Henry Clay Mitchell had already been the top law enforcement officer in Santa Rosa County for ten years. He was only 25 when elected and was the youngest Sheriff in the nation when he took office. His Chief Deputy Wade Cobb would also one day be a two-term Sheriff of the county. They examined the crime scene at daylight and found some interesting clues. About 150 feet or so from the garage they found a shotgun tossed in some bushes and footprints led into a swampy area and then some tire marks consisting of three different tread patterns that a parked car had left in the soft soil.

There was an arrest made almost instantly. H. R. Covington, a sailor from Oklahoma, but assigned to Pensacola was taken into custody but no charges were filed. He was released on July 23, after Sheriff Mitchell made two more arrests, and was convinced he had the murderers. Two days after the ambush, and killing, William T. Wolfe, and Webb Allen were taken into custody and charged with murder. Webb Allen was the nephew of S. G. Collins’ wife Minnie.

Sheriff Mitchell talked to many potential witnesses during his investigation. Some witnesses told him they had seen Wolfe, and Allen in a car the night of the murder. The suspects denied even being in town that night. Wolfe lived about 15 miles or so north of Milton. The Sheriff did not believe them and examined the car they were in. The suspect car had three different types of tires with three different kinds of tread. The distinctive tread matched perfectly the tread marks found near the crime scene. Then came the revelation that the shotgun discarded in the bushes was bought a few months later from a dealer in Pensacola by S.G. Collins. He had reported it missing from his company office a short time before the crime.

When Gainer was murdered S. G. Collins was out of town. He left during the first week of July on a trip to North Carolina to drum up some business for his construction company. Also, his lawyer Lewis V. Trueman was on a trip to Cuba with his wife, and another couple. Trueman had an article about their upcoming trip printed in the Milton Gazette.

Wolfe, and Allen were held on a $25,000 bond which they could not post. Collins returned to Milton and posted a $25,000 bond. He was suspected of being an accessory before the fact. Namely, hiring the killers to silence Gainer. Wolfe, and Allen appealed their bond by filing a writ of habeas corpus with the Florida Supreme Court. Even though Sheriff Mitchell was sure that William Wolfe was the triggerman, and Webb Allen was the driver, Wolfe was set free, and Allen’s bond was reduced to $5000. Within a week he was able to raise the money and was also set free.

William Wolfe needs to be discussed a little. There is no way at this late date to know for sure, and he was never convicted of any violent crime that I have been able to find. However, in 1911 he was a convict guard at a turpentine camp near McLellan and Leon Rivenbark was his brother-in-law and fellow guard. George Rivenbark was a “woods rider” for the Franklin Gaye camp. These were some hard men. George Rivenbark administered a beating to Jonas Cooley, and when his brother Daniel Cooley came riding into the camp a few days later, he was killed by Franklin Gaye. Three days later Arch, and Alf Cooley were killed near the steel bridge on the Milton-Munson road. They were shot from ambush, and their killing was never officially solved. Hyman Cooley was sure he knew who had done the killing and a couple of years later, he saw Leon Rivenbark and shot at him. He missed and when Leon returned fire he didn’t. An inquest ruled it was self-defense. (See, “The Turpentine Feud of 1911”).  Also, a few years ago, an older citizen of Santa Rosa County told me that when he was a younger man in the late 1930’s and into the 40’s and 50’s it was known that Mr. Wolfe was a man that did not mind getting his hands dirty.

I would also imagine that Sheriff Mitchell was especially motivated to find, convict, and punish the Gainer killers because his young sister Myrtle, and Betty Gainer were best friends, and possibly she could have been there in the line of fire if she had gone home with Betty.

Santa Rosa county had a small law enforcement presence. A Sheriff, and Chief Deputy; maybe another deputy, and some constables scattered in different communities. During this same period in 1931 there were numerous other serious crimes. Ben Lee shot Dempsey Enfinger in a dispute over a young lady. Another young lady named Lilla Yarler shot Tom Harvell. A man named Will Cooley was killed by J.G., and Lee Thomas, brothers from Bagdad, and his body dumped in the Yellow River. Cooley’s wife was also implicated in the murder. A tenet farmer named George Ellis had a dispute with the man he farmed for over two bales of cotton, and he shot and killed R.G. Quick in the Berrydale area. Also, it was the year that a posse cornered 4 desperadoes in Mulat Bayou who were on a statewide crime spree. I’d say the Sheriff’s office had its hands full. 

Aubrey Gainer's father J.C. was a retired store owner and maybe the grief was just too much. He died suddenly on August 31. 

 

Spencer G. “Babe” Collins was still under bond on September 11, when he traveled across the bridge to the east Milton home of his business partner, and friend J. E. Estes. He was there to discuss some of the business he was able to obtain on his trip to North Carolina. The investigation of Aubrey Gainer’s murder had stalled, and Collins was probably trying to put it all behind him and get back to business.

It was right around dusk when he and Estes finished their conversation and Collins walked across the road toward his car to head back into town. Estes had turned to walk back to his house when a slow-moving car, later thought to be a Ford Model A when described by witnesses, approached Collins. As it neared him, someone fired a shotgun mortally wounding Collins. Estes rushed to his aid, and Collins told him, “Get their number! Call the doctor, they got me.” Estes looked at the car as it crossed the bayou bridge, but he could not make out the license number.

A truck carrying three men, G.L. Metts, John F. Collinsworth, and Posey Broxson arrived on the scene. Dr. J. B. Turner, and Dr. Rufus Thames arrived quickly and tried to find a pulse. They pronounced Collins dead on the scene. Sheriff Mitchell then arrived and questioned the witnesses. There were some men working close by who had heard the shot, but did not see anything other than identifying the type of car.

Collins had been hit in the shoulder with double-ought buckshot with the 12 pellets ranging down through his body and shredding his heart. He died right after his last words to his friend Estes.

A young man named Almon Spencer was in front of the Imogene Theater when he heard the shotgun blast from across the river. As he watched the bridge a car with three men he recognized came across and turned immediately. Almost eight decades later one of his younger brothers told me that the men in the car were, Chief Deputy Wade Cobb, C.B. Penton, and a man named Villar. I also heard from someone who knew Cobb that around 1960 when he was running for Sheriff, he expressed concern that he would not be elected because too many people knew about his involvement in the Collins killing. It is also interesting to note that within two years, the lawyer for Collins, L.V. Trueman moved to Ogden, Utah and was there until he was killed at his home by someone he ruled against in a divorce case. (Read about that case, here.)

Sheriff Mitchell summoned Judge McLeod who acted as coroner, and they impaneled a jury consisting of Dick Lane, G.C. Beck, G.L. Metts, Posey Broxson, Gully McCombs, and J.E. Estes. The Sheriff questioned the men who were working nearby. They were T.R. Scruggs, owner of Scruggs Boatworks, M.N. Diden, Dewey Batson, and John S. Cox. They told him they heard the blast, but thought it was a blow out. They did not see a license plate, but agreed that it was probably a Ford Model A.

If, (a big IF), Deputy Wade Cobb was involved, then Mitchell probably knew what was going on and questioned the witnesses closely at the inquest to see if anyone had seen anything important.

The death of Collins pretty much ended the investigation into the Gainer murder. Will Wolfe, and Webb Allen were never tried and it became a cold case. There was an arrest, and trial in the killing of S. G. Collins however.

Collins older brother, John Houston Collins, known as Long John due to his 6 ft., 7-inch height was well known and respected in Northwest Florida. He had been Sheriff of Santa Rosa County on two separate occasions. He was also an ex-mayor of Milton, and at one time was Postmaster. He was not going to be easily satisfied about the progress of the investigation into his brother’s murder. His investigation, and relationship with prison officials at Raiford ended up with Cecil B. Penton being arrested and tried for the murder of Babe Collins in 1934. My essay about his arrest and trial is linked here.

Author’s note:  I debated about sharing the possible involvement of Deputy Wade Cobb. I finally decided it should be included. I mean no disrespect toward a man who I consider to be a fine Sheriff and served this county well during his career in law enforcement. I can even understand why Sheriff Mitchell and Cobb would have taken things to this extreme. It was a different time, and Mitchell probably felt his main suspect was going to get away with it due to his great wealth and standing in the county. Mitchell was defeated in his reelection bid by Joe Allen. Possibly because he didn’t solve this case, or more likely due to the fact he was suing the County Commission for not reimbursing him properly for jail, and prisoner upkeep. Mitchell went on to a long career in different official state roles involving law enforcement. He even unsuccessfully ran for Escambia County Sheriff later in life.

If you haven’t visited my blog yet, please do so. You might find other stories of this type that will interest you. I hope you like it, and please leave comments either there, or on the Facebook Group. These stories are all works in progress, and if I learn any new or different information, I always update, and correct.

  http://judgingshadows.blogspot.com/   

The Fate of Judge Trueman

During the 1931 tragic events in Milton, the attorney and business partner of Spencer G. “Babe” Collins, was a man named Lewis V. Trueman.  In 1933, Trueman departed the Florida Panhandle for new opportunities out west. He and his wife settled in Ogden, Utah, and in 1943, Judge Trueman was killed at night, at his house, in the presence of his wife, with a blast from a shotgun. Amazingly similar to the death of Aubrey Gainer.

Before Gainer was killed, there was an article in the Milton Gazette informing the town that Trueman, his wife and another local couple were going on a trip to Cuba. A few days after they left, on July 18, 1931, Aubrey Gainer was killed outside his home, in the presence of his wife and daughter.  (See previous blog for details)

There was a book written years ago called, “Secrets of the Old Milton Cemetery”, by B. B. Morrell.  In the book Morrell indicated that there was a “Mister X”, who was the puppet master concerning some of the events of 1931.  He didn’t name the person specifically, but my top prospect for that role would be Mr. Trueman.

Babe Collins owned the Collins Construction Company and he built Hwy 37 from Milton to the Alabama state line, south of Brewton.  Of course it is now known as State Highway 87.  His company was to be paid $100,000 for the project.  Bonds were sold by the First National Bank of Milton, and the work was done.  There was a dispute about the money paid to Collins.  He claimed he was owed $15,000, and the Santa Rosa County Commission who  controlled the payout, believed the correct number to be a little over $2,000.  There was a lawsuit and then a change of venue to Walton County.  Unfortunately, Collins was killed before the case went to court.  Trueman, as the lawyer for the estate, settled the case for the $2,000 offered by the county. Incidentally, the only items recovered in the safe after the arson at the ice factory and Collins’ warehouse, were burned remains of road bonds.

During his time in Northwest Florida Trueman had been active in state politics and from 1928 until he left the area in 1933 he was an appointed aide to the Florida Governor Doyle Carlton.  He was also the lawyer for the Santa Rosa Co., school board, and Vice-President and charter member of the Society of the Bar, 1st Judicial District of Florida.

In early 1933, he and his wife Ora, moved to Ogden, Utah, and by January 1939 he was appointed Judge of the 2nd District Court for the State of Utah.

Judge Trueman Grants Divorce to Mrs. Cox

In February 1943 a pregnant Mrs. Wanda May Cox was granted a divorce in Judge Trueman’s court from her drunk and abusive husband, Austin Cox, Jr.  The Cox’s got married in August of 1942 and he was employed at the Utah Naval Depot as a guard.  Soon after marriage, he quit his job, and instead of searching for new employment, he stayed drunk and became very abusive.  He once threatened to cut Wanda’s tongue out. After the divorce Wanda left town and a couple of months later gave birth to a son.  

On the night of July 23, 1943, during Ogden’s annual Pioneer Days Celebration Cox was drinking heavily with friends and around nine o’clock, he received a phone call saying that Wanda was in town and staying at a local address.  He told his friends he was going to see her.

About an hour later Cox drove up to the home of Mr., and Mrs. Bert Stauffer.  When Bert answered the knock on the door Cox demanded that Stauffer, “Send Wanda out here”.  Stauffer didn’t know Wanda and when he told Cox this Cox called him a liar, and threatened him with a shotgun.  Mrs. Stauffer, and her mother, Mrs. Burton came to the door pleading for Cox to leave. Losing his patience, Cox began firing his shotgun.  Mrs. Stauffer and Burton were killed instantly and Bert Stauffer was critically injured but survived his wounds.  A neighbor, Dale Brooks, heard the commotion and ran out of his house to have his hand shot off.  Mrs. Brooks ran into the yard and Cox killed her.  Another neighbor, Sam Nelson was killed as Cox was walking back to his car.

After driving to the home of Judge Trueman, Cox stood in his front yard and fired buckshot into the house.  The Truemans had just gone to bed when they heard the noise and got up to investigate. Ora Trueman later testified that the Judge looked out a window overlooking the yard and after asking what was going on, was hit with a load of buckshot and died instantly. She was unharmed.

Cox eluded the police dragnet until just after midnight when he drove up to the police station.  Lt. John A. Smith, Assistant Provost Marshal of the Ogden area, was there helping to direct the search for the shooter.  He looked up in time to see Cox coming through the door brandishing the shotgun and yelled an alert.  Several officers rushed into the room and one was slightly wounded by Cox. Smith and the other officers subdued Cox with a blow to the head.  During the scuffle, Cox screamed, ‘Why in the hell don’t you shoot me? Come on get it over with!”

In the 1940’s justice was swift.  He was found guilty at trial and sentenced to death.  A higher court delayed his execution for eight months until June 19, 1944.

At dawn, Austin Cox, Jr. was executed by firing squad at the Utah State Prison.  As his death warrant was being read he fought his restraints and stuck his tongue out.

Judge Trueman was buried at Aultorest Memorial Park in Ogden on July 27, 1943.  His wife Ora moved to Pensacola and lived there until her death in October of 1965.

Mostly compiled from numerous articles published in the Ogden Standard-Examiner, 1943-1944.