The Curious Killing of Charles Sudmall

Charles E. Sudmall may be remembered locally as the man who built our Exchange Hotel in Milton, and the manager of the West Florida Telephone, and Telegraph company. There is much more to his story, however.

            Sudmall immigrated to the U.S. from Dundag, Russia, (present day, Latvia) in 1895 when he was 20, or 21 years old. The Massachusetts State and Federal Naturalization records state that he arrived on the tenth of June, 1895. He signed a Declaration to denounce Tsar Nicholas of Russia, and become a citizen of the United States. A passport application in 1912 stated that he arrived from Buenos Aires in June of 1895 aboard the ship, Angara. The application stated that he lived in Boston, New Port, Rhode Island, Pensacola, and Milton, residing in the U.S. for 16 years.

            By 1898, he was living in Pensacola on South Palafox, and working as a “bayman”, which is defined as a person who fishes the bay.  In just a few years, however he was living in Milton, and listed his occupation as an electrician.

            By 1906, he was living in Milton and was the manager of the Milton Telephone Exchange, and in September of that year, he was charged with the murder of an attorney named Lawrence N. Ervin. According to newspaper accounts, he and Ervin were having dinner, and Ervin felt insulted over something that was said. He demanded an apology, and Sudmall refused and left the scene to walk over to a livery stable. Ervin followed him and once again demanded an apology. Sudmall again refused and walked away, this time to the phone exchange building, where he went to the second-floor balcony and sat down. About 30 minutes later, Ervin appeared and cursing, once again demanded an apology. This time when Sudmall refused, Ervin produced a knife, and cut Sudmall at least two times. Sudmall then struck Ervin in the face causing him to fall off of the balcony, and fracturing his skull on the street below. Ervin died about 10 days later. (He is buried in DeFuniak Springs).

            Represented by future Attorney-General Thomas F. West, Sudmall was exonerated during a hearing with Judge Holley due to self-defense.

            Sudmall did become a naturalized citizen in Pensacola in June of 1911. His passport application describes him as: 5’9” tall; prominent forehead; hazel eyes; prominent “Greek” nose, medium mouth, and chin; dark hair with olive complexion, and a rather large face. He left the country and went back to Russia to visit his family for a few months.

He registered for the draft in September 1918, showing his occupation as “Telephone Manager”.  In the 1919 publication, The American Telephone Journal, he is described as the General Manager of the Gulf Telephone and Telegraph company at Milton. He had been in the business for 13 years and had 200 subscribers. Before getting into the business he had worked at the Pensacola Navy Yard in the electrical department. He was a member of the Florida Telephone Association.

            Charles Sudmall was a pretty wealthy man by the time the ‘20s rolled around. Not only did he own the Telephone exchange in Milton, but he owned the Marianna Telephone Exchange, the Exchange Hotel, and a hotel in Floridatown. He had no family in the United States. He never married, and seemed focused on his businesses and becoming successful. One of his business partners in Milton was Grover Cleveland (Cleve) Harvell, the son of the former local Sheriff, James Harvell. Cleve Harvell and Sudmall were partners in a garage in town, located at the corner of Oak, and Elmira Streets, and Harvell was also an agent for Star Automobiles.  

A Very Suspicious Killing

            On the last morning of his life, Charles Sudmall’s conversation with Cleve Harvell was partially overheard by Mr. Falk, (or maybe, Faulk) who owned the Santa Rosa Hotel. Falk was at the garage to pay a bill and heard Sudmall ask Harvell if he was going to be busy. Harvell said he was going to Pensacola but would see him on his return. Falk later testified that the conversation seemed friendly.

            Culver W. Cobb later testified that he, Harvell, and H.C. Collins took a trip to Pensacola the day of the killing. Harvell had a .32 caliber pistol, and he had fired it from the ferry as they were returning. Cobb said this pistol was the same one found next to Sudmall’s body later that evening.

            About 7:20 pm, Mrs. Hinote, the night operator at the phone exchange received a call from Harvell looking for Sudmall. She transferred the call to the hotel and waited on the line for Sudmall to answer. She heard Harvell say, “Well, I got back.” Sudmall said, “Who is this”? “Cleve.” “I’ll be right down” Sudmall said. He then stopped by his office and got something from his desk and put it in his pocket. Lillie Nelson said she saw him do this 6, or 7 minutes before the shooting.

            Apparently, when Sudmall reached the garage, there was an immediate sound of gunfire. Cleve Harvell, and Walton C. Rhoades, (sometime referred to as Walter), were the only ones in the garage when Sudmall entered. C.W. Cobb claimed that he and another man were the first to reach the garage after the shooting, and were let into the building by Rhoades. He testified that a pistol found next to Sudmall’s body was the same one Harvell was displaying earlier in the day. He also claimed that Harvell walked him to the back of the garage, and requested that he not identify the pistol as belonging to him.

            Luther Fisher, undertaker, examined Sudmall’s body later that evening. He found eight bullet wounds; five in the body, one in the leg, and two in the arm. He testified that Harvell, who was a close friend of his, admitted that both he and Rhoades had shot Sudmall. Fisher said the killing was planned and premeditated. Rhoades was instructed to hide in the corner and shoot Sudmall as soon as he entered the garage. Rhoades missed the first two shots, but then hit him three times. Harvell hit him with five shots. Harvell then claimed that Sudmall was his best friend in Milton and that Rhoades had killed him. He asked Fisher to say that the body only had five bullet wounds. L. Douglas Wolfe, an assistant of Fisher’s, (and later owner of the Wolfe Funeral Home), testified that while he was preparing Sudmall’s body and sewing up the bullet holes, someone asked how many bullet holes there were and Harvell spoke up and said, “There ain’t more than five, are there?” and winked his eyes at Wolfe. Supposedly Harvell was drunk at the time, but other witnesses claimed he was sober.

            State Attorney Thompson’s case was that:

·           Harvell, and Sudmall were in business together.

·           Harvell called Sudmall over the phone to come to the garage.

·           Sudmall was shot as he entered the building.

·           Sudmall’s body had two different kinds of bullets in it.

·           Eight bullets entered his body.

·           Only Rhoades, and Harvell were waiting in the garage.

              The pistol found by Sudmall belonged to Harvell.

The defense claimed self-defense, and Rhoades took all the blame for the killing. The first trial of the two in the spring ended in a mistrial. After the mistrial, attorneys for Harvell, and Rhoades filed a writ of Habeas Corpus with the Florida Supreme Court and got them released on $5000 bail until they were retried.  On October 3, 1924, after a retrial, Harvell was acquitted and Rhoades was “Nol Prossed”. They dropped prosecution on Rhoades.

This whole case stinks. Remember, Charles Sudmall was a very wealthy, successful man with no family ties in the United States. In December 1923, County Judge H. W. Thompson, appointed Culver W. Cobb, (yes, the same one who testified at the Harvell trial), as Curator of Sudmall’s estate. Sudmall’s Last Will and Testament had been written and witnessed in May of 1910. The original executor that Sudmall requested had passed away, so the vacancy was filled by Cobb. I believe Thompson is the same State Attorney who led the prosecution of Harvell, and Rhoades.

Listed in the inventory of Sudmall’s possessions were seven automobiles:

·           Ford Touring Car 1917 model

·           Ford Touring Car 1923 model

·           Cole Eight Touring car

·           Willys-Knight Touring car, model 64. Serial #28860, motor #76600

·           New Overland Red Bird Car model 92, Ser #11065, motor #92-16419

·           New Overland Touring car model 91, Ser # 49460, motor #52367

·           Another Overland Touring car model 91, Ser # 49372, motor# 52708

I am thinking the cars were part of the inventory for sale in the business Sudmall owned with Harvell. I would like to know, but so far haven’t been able to find out, what happened to the cars. Supposedly they were to be sold with the proceeds going to the estate. I wonder who ended up with them, and at what price.

Culver W. Cobb was born in April 1890, and his father was Farrar H. Cobb.  He was a cashier at the First National Bank in Milton.

            After, Sudmall was killed, the West Florida Telephone, and Telegraph Company met in Marianna, and selected a new President. Peter L. Rosasco was made President, and R.A. McGeachy a Director. McGeachy was a Milton Attorney.

            At some point, Peter Rosasco was made Administrator of Sudmall’s estate. In October of 1927, Arthur B. Lule, Solicitor General of Latvia requested Rosasco be removed from his role. The request was granted by Judge McLeod. Mr. Rule was acting at the request of Charles Sudmall’s father Karl and he was charging a “misappropriation, or misapplication of funds.”  Rosasco was removed as administrator on Oct. 22. (In 1989, Bill Rosasco renovated the Exchange Hotel. The newspaper referred to him as the owner.)

            What a tangled web it was. I believe that there was a plot to do away with this foreigner who had become successful in this country, and divide his wealth. Of course, a jury in Santa Rosa County was going to acquit a well-known local boy of killing someone from Russia.

                                                Article from Pensacola Journal Oct. 8, 1927

                                

Whatever Happened to….

Cleve Harvell died 12 June 1974, and is buried at Ft. Barrancus National Cemetery. On his WWI draft registration card, it states that he is a Chief Deputy Sheriff.  He served in the U.S. Army from 9 Nov 1917 to 7 Dec 1918. In 1921 he married Ruby Wiggins. In 1925 They live in Tallahassee and he is the Manager of the M.A. Houston Motor Company.

Walton Canvass Rhoades was born in 1879. In the 1910 census for Santa Rosa County he is listed as a Druggist. In the 1909 fire that burned most of downtown Milton, he lost his drug store. Shortly after he reopened in the Wiggins building.

He married Nancy Charity Hilton in Milton on 23 Aug 1903, and in the 1920 census she is listed as a Hotel Proprietor. I was unable to find him listed in 1920. 

In 1929 He, and his wife are living in Miami, and he is in the Produce business.

In 1930 he is living in Pahokee, Palm Beach County, Fl, and listed as a grower, and buyer for fruits and vegetables, while his wife and daughter are in Knoxville, Tenn. Working at the LeConte Hotel.

Walton C. Rhoades

In 1934, Nan is shown as the Manager of the Bay Court Apartments in Miami.

It looks like they stayed in the Miami area until he passed away in 1937, and she died in 1959. They are both buried in the Woodlawn Park North Cemetery in Miami.

Tale of a Lynching

Tale of a Lynching

On Sunday night, 3 Oct 1937, J. C. Evans of Port St. Joe was taken from police custody and lynched just north of Ft. Walton Beach.

Santa Rosa County Sheriff Joe T. Allen, and Deputy Aubrey Martin were transporting Evans from Panama City, to Milton. They left Panama City around 10:45 pm for the transfer. Around midnight they reached the highway leading from Ft. Walton Beach to Milton. A car forced them to stop, and 5 men, (some reports say 4 men), wearing black masks got out and leveled 2 shotguns and several handguns at the two officers. “We want that N_____”, one of them said.

Sheriff Allen later said that the men forced him and his prisoner into their car. They drove a mile down the road and letting Allen out, they gave him his car keys. The Sheriff walked the mile back to his car and he and Dep. Martin drove in the direction the five men traveled in. After about three miles they found Evans' body lying on the side of the road riddled with buckshot.  Allen and Martin traveled on to Milton, where Allen called Okaloosa County Sheriff John P. Steele in Crestview, who along with County Judge Wilbur Osborne, summoned a Coroner’s Jury and went to the scene.  Allen said he did not recognize any of the men. Sheriff Allen also insisted that no one in Milton knew of the transfer plans.

Governor Fred P. Cone ordered a complete investigation with full punishment for the guilty parties. State Attorney E. Dixie Beggs, Jr. of Pensacola went to Crestview to investigate.

Evans Crime Spree:  Evans was arrested in Bay County on July 12, on a charge of armed robbery in the hold-up of Joe Ansley, on July 10.

J.C. Evans was arrested at a Panama City downtown garage where he was returning to pick up a car he had left behind for repairs. Sheriff Steele, “true to his reputation”, made the arrest without “firearms on his person”. (Another article claimed the arrest was made by Sheriff Scott of Bay County which would make more sense.) Evans was charged with a weekend crime spree that included the alleged theft of a car from R.B. Strickland, of Parker, which is located near Panama City.  He then flagged down Milton Lumberman Henry C. Wood, four miles west of Navarre, robbed him of $40, and stole his car.  Less than two hours later he robbed 18-year- old Sherman Fortune who was working alone at the Sunset Service Station, four miles east of Milton. Fortune said that Evans had bought some gas and oil, and followed him inside to get some change. Once inside, he made Fortune give him the contents of the cash register, then he drove him two miles down the road before dropping him off.  He was also wanted for criminal assault on a 12-year-old boy, but so far, I haven’t been able to find out anything else on this. His last crime was the robbery of Mr. Ansley. He was tried, convicted, and sentenced to life in Raiford. He was being transferred back to Milton to stand trial for the service station robbery.

Joe Ansley testified at Evan’s trial that he had left Panama City for Crestview when he stopped at Pine Log creek on the Freeport Highway to take a bath. He was bathing under a bridge when he heard a car stop. He looked up and saw an adult black male, (later identified as Evans), looking down at him. Evans made his way down to Ansley and engaged him in conversation. Evans then went back up to his car and returned with a gun. Ansley testified that Evans told him to, “Put my pants over my head”. Evans was searching through his belongings when he noticed that Ansley was watching him. He ran over and hit Ansley on the head with the gun and threatened to, “Knock my brains out”. He then told Ansley to run away into the swamp. Evans pursued him for a short distance and fired one shot. Then he returned to the bridge and taking $39 cash, a new $35 watch, and Ansley’s car, left the scene. Ansley hitchhiked to Vernon and called the Sheriff’s office.  

After his conviction in the Ansley robbery, Sheriff Allen requested to bring Evans to Milton to stand trial for the crimes in Santa Rosa County. Sheriff John Scott of Bay County obtained permission from the state to make the transfer with the stipulation that Evans be returned to state custody regardless of the outcome of the Milton trial.

No one was ever arrested or prosecuted for the lynching of J. C. Evans. Authorities speculated that it was committed by men from the Milton area, but there is no evidence to support that. 

As always, if anyone has any additional information on this case, I would like to hear from you.

Sheriff McDaniel of Jackson County

1980

Around 2 am on 15 Dec 1980, John P. (Pete) McDaniel was murdered at the Sheffield Oil Company gas station just south of the Alabama state line on Hwy 231 in Jackson Co., Fl.  He was beaten and shot in the head during a robbery. Three truck drivers pulled into the station and saw a man standing behind the cash register. By the time they entered the store the man was gone, but McDaniel was lying on the floor bleeding. His wallet was missing, but apparently the robber could not get the register open.

The first officer on the scene was McDaniel’s son, who was the Sheriff-elect of Jackson County, John McDaniel III. The senior McDaniel died a few hours later at the hospital in Dothan, Alabama.

            There were arrests made. A young man named Jesse L. Wilson, 21, and Madie Catherine Russ, 26 of Campbellton, but the murder charges were later dropped. They were prosecuted on other charges.

In 1989, apparently Henry Lee Lucas confessed, then recanted his involvement in the murder. He resisted his extradition to Florida, but him and his longtime partner Ottis Toole were returned for possible trial. Ottis Toole, (the confessed murderer of Adam Walsh), plea-bargained for this murder, and three other murders and received 4 life terms.  Henry Lee Lucas was returned to death row in Texas. Jackson county did not want to spend the money to try Lucas, and provide him with a court-appointed attorney. They said if he ever got out of prison in Texas, they would try him.

2007

On 30 January 2007, Mellie McDaniel, the wife of Sheriff John McDaniel was returning home from the grocery store. She was using one of those direct-connect cell phones to talk to her husband the Sheriff while she was on the way home. He was in Marianna. She was talking to him as she pulled into their driveway, and told him another car had pulled in behind her. The Sheriff told her they were probably salesmen and just to say she didn’t want anything. Then he heard her scream.

As he was speeding toward his home, he put out a radio call for assistance. Deputy Harold Altman, who was only 2 miles away arrived at the house within 2 minutes. The two men, later identified as Lionel Sands, 60, and Daniel Brown, 54, shot and killed both Mrs. McDaniel and Deputy Altman. The Sheriff and two other officers, Capt. Joey Rabon, and Cpl. Billy Dozier arrived. The Sheriff’s weapons were in a bag in the back seat of his Tahoe, and when he got out of his vehicle, unarmed, Sands shot at him with his .38 from about 10 feet away and missed. Rabon, with an AR-15, and Dozier with his .40 Caliber Glock engaged the two gunmen and put them down, both dying at the scene. The Sheriff found the bodies of his wife and Deputy Altman by the back door. The killers had dragged their bodies there after shooting them.

In the car the killers had arrived in were found Latex gloves, Rope, bleach, and vinegar. The motive for the attack was not clear, but speculation was kidnapping.

Sands Investigated for Wife’s Death

In June of 2001, Gail Joanne Sands was found dead in the backyard pool at the Sands residence. She was in about three feet of water with a ladder lying across her back. She was discovered by her husband Lionel, and his buddy Daniel Brown. They said they were cutting grass about a quarter mile away, and found her when they returned to the house.  An autopsy later found that she had suffered blunt force trauma to the head. Mrs. Brown had three life insurance policies totally $500,000. 

Lionel Sands was under suspicion, and being investigated for his wife’s killing. Brown gave him an alibi, and even though Sands was not arrested for murder, the insurance company would not pay the policies unless Sands could prove his innocence. Sands sued the insurance company, but lawyers convinced him to drop the suit because he could be opening himself up to a murder charge.  The day before the shootout, Sands learned he was going to be responsible for $32,000 of legal fees in his insurance case.  Sands felt that the investigation by the county into his wife's death had prevented him from collecting the insurance. He and Brown donned disguises. Sands wore camo, with a wig, and lots of make-up. Brown wore a ponytail and dressed in a suit and tie like one of the Blues Brothers. Brown was armed with a .22 caliber pistol, and Sands had two .38’s.

The 1915 Wyman Murders

Sometime between 1905 and 1910, Guy Herbert Wyman, and his father Peter Wyman surveyed the Florida coast between Pensacola, and Destin. They purchased around 200 acres in what was then called Harris, but now known as Navarre. Guy’s parents, Peter and Emily Wyman built a home on what is called Lower Pritchard Point on Santa Rosa Sound.

On June 17^th 1915, neighbors of the Wyman’s were getting concerned because no one had seen them, and the chickens had not been let out of the hen house. It was noticed that freight on their dock that had not been attended to. Upon further investigation, the horrific murders of the elderly couple were discovered and the authorities notified.

The Wyman’s were found in different rooms. Mr. Wyman was shot, it appeared, while he was lying down, or possibly starting to rise. He had been shot once with the wounds located in his neck and left arm and shoulder.  Emily Wyman had been shot at least twice, and it looked like she had been trying to flee the attackers. One was almost a contact wound as her gown had scorch marks. Deputy S.H. Lowery later testified that the head wound was the size of the palm of his hand, and there was blood and brain matter on the wall.  W. W. Day, a Forest Ranger living in the East Bay area, was also one of the first on the scene and he described finding shotgun shells by a window, one on the front porch, and one on the mantle inside the house.

Santa Rosa County Sheriff J. H. Harvell arrived later on the 17^th. He stopped in Holley to get the services of a physician, and undertaker. Deputy Lowery found four sets of bare footprints by the front gate and traces near a window. There was one large set of footprints and three smaller sets. The large set was peculiar and quite distinctive because the big toe was extended more than normal.

Sheriff Harvell spent a lot of time over the next couple of days examining the crime scene, and talking to people in the area.  By the 19^th he had four local men in custody in the Santa Rosa County jail in Milton. The four in custody were Brothers, Jim Roberts, 17 years old; Preston, (Percy) Roberts, 18, and their half-brother, William Brady Roberts, 24. Also in custody, was Elder Mitchell, 19 years old. Another suspect named John Barbaree, 33, would soon be arrested also. A preliminary hearing was scheduled for June 24^th. All those arrested lived in the Holley, East Bay area.

The 1910 census shows the Roberts family living in the Holley, East Bay area. Their father was John, (Jake) Roberts and their mother was Dora. Brady Roberts was Dora’s son by her first husband. His last name was Cordill, or Cordell, but at this time he was using Roberts for a surname. Brady was the only one of the brothers to be married. His wife was Alice (Rigdon) Roberts.

Elder Mitchell was the son of Henry, and Emmaline Mitchell who lived in the Holley, East Bay area. In the 1910 census, he was living with his widowed father near John Barbaree, and his wife Missouri.

The motive for the killings seemed to be robbery. The Wyman’s were well-off, and rumors indicated they had a large stash of money. Stolen items were two watches, two pistols, and other articles not listed. Also, in one article there is a claim that $80 was stolen. The bodies of the Wyman’s were removed to the undertaker parlor on West Romana St, in Pensacola operated by Frank R. Pou. Later their bodies were shipped to Ottawa, Illinois an interred in the Summer View Cemetery.  A telegram had been sent to Lt. Wyman in the Philippines informing him of his parents’ deaths. Word was received that Wyman was on his way back to the states. He was going to Peoria, Illinois first, then making his was to Florida.

The Trial of the Roberts Brothers

The trial for the three Roberts brothers was severed from the prosecution of Mitchell, and Barbaree. Mitchell was talking to the prosecution at this time, and that is the most likely reason.  The trial was also only for the murder of Emily Wyman. This was a hedge against the possibility of acquittal. The Peter Wyman murder trial was held back to prevent a possible double jeopardy situation.

A brief timeline: The Murders were committed 15 June 1915, and the arrests occurred on the 19^th of June after a quick on-scene inquest, where evidence was examined, and witnesses called. Council was obtained on the 21^st by two uncles of the Roberts boys. William Pinson Roberts, and his brother James Wilson Roberts were both doctors living in Alabama. They retained Attorney John McDuffie of Monroeville, Alabama to assist William W. Clark of Milton for the defense. John McDuffie later became a U.S. Congressman, and a Federal Judge.

Observing the prosecution was Thomas F. West, the Attorney-General.  He was later a Justice on the Florida Supreme Court, and a circuit Judge.

Judge: Angus G. Campbell

State Solicitor: John P. Stokes

Atty General: Thomas F. West, (conferred with Stokes, and took notes, but did not participate)

Defense: Mr. William W. Clark, from Milton, Florida.

              Mr. John McDuffie, from Monroeville, Alabama.

State had 21 witnesses listed.

Assembling the jury took about three hours.

Jury: J.H. Plant, George L. Abbott, (later named Jury Foreman), J.W. Wheeler, J.A. Nichols, J.B. Wiggins, A.B. Lewis, R.G. Payne, A.L. McArthur, E.D. Cooper, E.H. Pitts, W.E. Stanley, and I.D. Mock.

Defense asked for a continuance- denied by Judge Campbell.

Defense asked for a change of venue to Walton Co.- Judge Campbell denied.

The morning testimony were witnesses about the scene of the crime, including,

Dr. Phillips: From Pensacola. Called as first witness by state. Physician called to scene of murders. Testified as to condition of bodies. Mrs. Wyman found on a bed; shotgun wound to right side of head the size of the palm of his hand. Her gown had been scorched.

Peter Wyman found in different room. Both had been dead 48-60 hours and decomposition had set in.  He also testified that there was a hole torn in the screen where Mr. Wyman was found. He had no powder marks on his body.

Charles Cottrell: Pensacola photographer, with studios at 204 ½, S. Palafox.  Took photos of crime scene about 2-3 weeks before trial.

T. H. Lempke: Bagdad Draftsman, created diagram of Wyman home 2 weeks before trial. Measurements were accurate, and diagram was displayed to jury and witnesses during testimony.

W.W. Day: Testified that he was a forest ranger and lived on the East Bay. He was one of the first to visit the house after the bodies were discovered. He found empty shells under a window, on the front porch, and one on the mantel. He notified Sheriff Harvell.

Elder Mitchell: Testimony: He is about 20 years old, but doesn’t know for sure. He knew where Wyman home was located. He knew the Roberts brothers, and was afraid of them. Before the killing, he talked to Barbaree, and Brady Roberts, who asked him if Barbaree ever said anything about, “going up there and take what the old folks had.” Mitchell claimed he refused to go and Barbaree, and Brady Roberts said they would kill him unless he went. He said he tried not to go, and again was told he would be killed.

On the afternoon of the murders, he claimed Jim Roberts came to him and they had a talk about going up to the Wyman’s house and “taking what they had”. Roberts told him they were going and he would have to go. Roberts left, but later returned. Mitchell took his father’s gun and Roberts had his own gun. They went over to the Sound and walked up the beach where they joined Barbaree, and Percy Roberts. At some point Brady Roberts joined them.

They all walked up the beach to the wharf near the Wyman’s house. Jim, Percy, and John Barbaree went to the house. Mitchell, and Brady Roberts stayed at the wharf. The house was 150-200 yards away. Percy, and Jim were carrying the guns.

While on the wharf they heard three shots fired about an hour after the three had left and walked toward the house. Brady Roberts then left the wharf and walked toward the house, leaving Mitchell on the wharf by himself.

Shortly thereafter, the Roberts brothers, and Barbaree returned to the wharf, and Barbaree, Jim and Percy Roberts each gave Mitchell one dollar. Then they all got into the Wyman’s skiff and went to the Roberts boat. They then set the Wyman skiff adrift. All were barefooted except Barbaree. They went to Oglesby’s Rosin wharf about a mile away. At that time, Jim Roberts, Mitchell, and Barbaree went to Mitchell’s house and stayed the night. The others stayed the night at the old mill office. (Mitchell stated that the shots he heard happened around midnight.)

Mitchell said the arrests occurred the day after the inquest. He said the killing was a Tuesday in June.

Defense Attorney Clark cross-examined him at length and succeeded in confusing Mitchell about his statements leading up to the trial. He acknowledged his fear of the Roberts brothers, and when asked why he didn’t inform the Sheriff he said he was, “skeered to do it”.   He also said he had been promised nothing for his testimony.

Ethel Mitchell: (wife) testified that Jim Roberts, John Barbaree and his wife had visited her home the day of the murders. She testified about her husband leaving with a gun that night, and returning the next morning. While testifying, she had a child in her lap that cried and wriggled possibly shortening her time on the stand.

Mrs. Missouri Barbaree: Said on night of killing she stayed at the Mitchell house. She saw Jim Roberts with Mitchell that night.

John (Jake) Roberts: Father of Roberts brothers. Said he could not be sure if a shotgun shown to him belonged to his son Jim. The defendant said out loud, “That’s mine alright”. He said Jim, and Mitchell worked for him in the turpentine business, and Percy and Brady fished for him.

Gus Harvell: Lived at the head of East Bay. He fished the Oglesby wharf, and was there with his brother Dock Harvell the night of the murders. He heard shots coming from the east. Two shots quick, and one about a minute later. Dock was asleep, but said Gus woke him up in time to hear the last shot. They were related to Sheriff Harvell.

Robert Oglesby: He knew the Wyman’s and had worked for them. He was the person who found their bodies.

S. H. Lowery: Deputy Sheriff. Found tracks around the house of barefoot men. He told of seeing footprints near the front gate, and slight traces near a window. The prints were from multiple bare-footed men and one set of prints of shoes. One set of foot prints were larger than the others. It was peculiar due to the abnormal extension of the big toe. During the inquest, Brady Roberts foot was compared to the peculiar set of prints, and found to be a perfect fit. He also testified that he found trunks open and contents disordered. Several empty pocket books were found.

Next day’s testimony:

Sheriff Harvell: Called to the Wyman house at Lower Pritchard Point on Santa Rosa Sound on June 17. He stopped at Holley to get a Physician, and an undertaker. He then testified about methods used to compare exploded cartridges found at Wyman house with cartridges exploded for the jury.  The finding was that the guns taken from the defendant’s homes were the murder weapons. 

The Jim Roberts Letters

Jim Roberts, while in jail, wrote a series of notes intended for Elder Mitchell. Roberts was imploring Mitchell not to testify against the brothers, and repeatedly confessed to the murders.

The notes were given to a prisoner named G.W. White while the brothers were in the Escambia County jail. Instead of passing them to Mitchell, White gave them to the authorities.

Chief Deputy C. J. Hoffman of Pensacola testified to a conversation he overheard between Roberts and White in which Roberts told how he shot the Wyman’s.

Jim’s notes:

G. W. White testified about the notes. He was in the county jail in Pensacola.

1^st note:  Elder, don’t tell nothing on me, for I like you, and if you was to tell all you know on me and Purce and John it would go hard on us. You know you did not go to the house, you ought to went. Don’t forget me Elder. I am sending this by G.W. White. From your old friend, Jim Roberts.

2^nd note: Hello Elder, How are you getting along. I am worried bad, Elder. I don’t believe you will tell anything on me and Percy and John and Brady. If you won’t tell that I won’t ever forget you Elder. You know you wouldn’t go to the house. That is the reason I wrote this. Don’t tell this for God’s sake, Elder. I don’t think you will Elder. John said when we was at the house, he said ‘that boy is a-going to tell this Jim. We ought to have made him come along.’ Well I guess I will stop for they might catch me writing and then I would be up against it. I am sending this by White. He is all right, I think. Don’t forget me old boy. From Jim Roberts

3^rd note: “Well Elder, this is the last one that I am a-going to write you, and now Elder if you tell this, we’ll put it all on you, for there is four against one and you know that. Elder I don’t believe you will tell what you ---- on us. John said you would tell it. I told him you wouldn’t Elder. Me and Purse done all the work, so don’t tell it on us, for God’s sake. Well I won’t write no more, so good-bye, my old friend. Jim Roberts

When the jury was presented the notes, it was absolutely quiet in the crowded courtroom. Every jury member scrutinized the notes carefully.

White said Roberts told him how he had shot the old man when he started to arise, and he fell after being shot, with his feet hanging over the side of the bed.  White was in jail for selling liquor without a license. He had resided in Century for about a year.

After learning Mitchell had given the letters to the authorities, and seeing him at the courthouse, Roberts told him he would have people in the courtroom who would get him when he got out.

Alibis:

Percy, (19) said on the night of the murder, he and Brady were on Santa Rosa Sound fishing, and had been there for two weeks. They had a net and two skiffs. He claimed Brady was wearing shoes. Brady also claimed he was fishing at the time of the murders.

All three Roberts were found guilty with no recommendation for mercy for the killing of killing Emily Wyman. The jury deliberated for 30 minutes.

Elder Mitchell gave self-serving statements implicating the others in the murder. If Jim Roberts had not wrote the notes, and kept his mouth shut, there would have only been circumstantial evidence against them. Chances are they would have been convicted anyway, but Mitchell’s testimony, along with the letters, sealed their fate.

In August, all three were sentenced to death by hanging which would have happened in Milton.

Later, eight jurors wrote to the state parole board asking for mercy. In December 1916, the parole board commuted the sentences to life.

There was a trial in November 1915 was for the murder of Peter Wyman in which the Roberts brothers, and John Barbaree were found guilty of his murder, and all sentenced to Life in prison. This trial had the same witnesses and testimony of the first trial except that Lt. Guy Wyman, son of the murdered couple, testified that a watch recovered from the Roberts’ had belonged to his father.

Elder Mitchell, (probably in the Hall of Fame for jailhouse snitches), pleaded guilty to two counts of 2^nd degree murder, January 1917, and was given a life sentence.

In the Pensacola News Journal on 28 June 1917, it was reported that all five convicted for the Wyman murders were loaded on a train, and sent on their way to Raiford, the Florida State Prison.

Elder Mitchell’s Prison Break

From the Tampa Tribune, 14 June 1923:

Elder Mitchell, and a convicted murderer from Panama City, named Leslie Layman, escaped from the Captain Willis Road Camp near Ehren, Fla, which is east of New Port Richey in a swampy area.  They escaped on 10 June, and were recaptured on Wednesday afternoon, June 13.

At 2 pm on the 13th, Deputy Sheriff L.B. Lennon received a call from the Chapman district, where two men had attempted to steal a “large touring car”, from a private garage.  Accompanied by Constable James Stokes, he found Layman being held by three men. Layman admitted his identity, and was taken to the county jail. Lennon contacted Captain Willis, and along with Stokes, began searching for Mitchell. Soon Willis arrived with bloodhounds, and a small posse. The hounds tracked Mitchell to a secluded neighborhood east of Chapman where an old friend of Mitchell lived. He was taken into custody there.

Mitchell had been a trustee at the Camp for seven years.

Layman had been convicted of killing a woman in Panama City in 1920. He killed her, and stole her car, drove it to Alabama, where he was captured.

Parole

It seems that once upon a time, if you got the death penalty, you would usually be executed within a couple of years. Apparently, life sentences meant that you would serve around ten years, (at least in this case). There was an article in the Tampa Tribune on Sept. 7, 1924, “Pardon Board will Decide on 81 Pleas.” The three Roberts brothers were listed.  Jim Roberts was pardoned April 1, 1925. His brothers were pardoned around the same time, but I could not find a newspaper report. Mitchell, and Barbaree were pardoned in 1929.

Jim Roberts Lawsuit

In May of 1929, there was a report of a lawsuit, and subsequently a bill introduced by the state legislature to compensate Jim Roberts, who was living in Bagdad since his parole. On Dec. 15, 1922, the Raiford prison doctor, J.L. Chalk operated on Jim for appendicitis. Apparently, he left forceps inside Roberts’ abdomen which caused constant pain until removed in another operation on March 13, 1929. The compensation was $5000.

Epilog

In March of 1929, the Tampa Times reported that Elder Mitchell was pardoned. The same article stated that Restoration of Citizenship had been restored to John Barbaree. I’m not sure if it is the same Barbaree, but probably is.

In Feb. 1935 Elder Mitchell and his wife were seriously injured while passengers in a truck driven by Ossie Rigby, who died in the crash. Five miles south of Crestview, they ran into a parked car on the side of the road with no lights. They were taken to the Enzor Hospital. The Mitchell’s were living in Ft. Walton Beach at the time. Elder Mitchell died on 28 August 1946.

John Preston, (Jake) Roberts, father of the Roberts brothers, in 1920 was running a boarding house in Bagdad with his wife, Dora on River Front Water Street. In 1924, Dora died in Bagdad, and is buried in the Bagdad cemetery.  In 1930, Jake is either remarried, or cohabiting with a woman named Emma. I could not find a marriage record.  By 1935, maybe using Jim’s settlement money, they had relocated to East Tampa, in Hillsborough County. In 1940 he was living in the same place with Jim and was listed as a widower. He died in 1948 and was buried in the Providence Cemetery in Hillsborough county.

By 1930, Brady was living in Deland, Florida; 1940 in Volusia County, Florida; 1945 in Duval County. At some point he began using the Cordell surname, and died in Duval County, July 19, 1964.

John Preston “Percy” Roberts died in Hillsborough County, Florida on March 9, 1977.

James Milton “Jim” Roberts died in Hillsborough County, Florida on June 1, 1970.

John Barbaree was paroled in 1929. In September of 1933 he took up residence in Pahokee, Florida, which is located on the southeast side of Lake Okeechobee. He was working for the Southern Sugar Company, and in March of 1934 allowed a man named J.C. Morton move in with him. On April first, the body of John Barbaree was found 3 miles east of Indiantown, Florida. Supposedly Barbaree had $200-$500 on him from the sale of some property. His money, his car, and his roommate were missing. Through investigation it was determined that Barbaree was most likely attacked while he was asleep. He had a wound near his temple, possibly from an ice pick, and he had been hit in the head with a blunt instrument.  It is thought he was killed around 10 pm on Saturday night, wrapped in a tarpaulin, and dumped where his body was found.  Nothing more on J.C. Morton could be found.

Lt. Guy Herbert Wyman.

Wyman had an interesting life. There is much written about him and his life in the Panhandle. He sold much of the land he owned on Santa Rosa Sound to developers, and his war-bride Noelle gave it the name, Navarre. 

Later Wyman and Noelle were divorced, and he remarried. The Pensacola News Journal on July 15, 1932 reported that Wyman had shot and killed his ex-wife Noelle when she showed up at his home. This was the same house that his parents died in back in 1915. He shot her twice with a 30-30 rifle when she threatened his new wife.  He claimed self-defense, and was acquitted in trial.  During the depression Wyman sold some of his land to the county, and part of that parcel is now the Navarre Park.

The Kidnapping of Mrs. Phelps

The Kidnapping of Mrs. Phelps

Mrs. Sophia Phelps of Bonifay, Holmes County, Florida, 77 years old and described as a crippled 95-pound woman, was the widowed wife of Confederate Civil War veteran, John Lucas Phelps. She was his third wife and had been married since 1890. Mr. Phelps received a pension from his service in the war, and had received a fairly large settlement not long before he died in 1931.

            There must have been rumors in the area that the widow Mrs. Phelps had a large sum of money secreted away in her home in Bonifay.  On the 17^th of May in 1934, two brothers named Millard, and Dewey Keith, along with a friend named Bonard Retherford took a trip from Geneva, Alabama down the road to Bonifay and knocked on Mrs. Phelps front door.

            She answered the knock and when they told her that her Daughter-in-law was dead, she opened the door and let them in. Reportedly this was when Millard Keith slapped the 77-year-old woman and demanded money. She initially resisted, and then produced $1.80 and claiming that was all she had, gave it to them.  Not believing her, they took her out of the house and put her in their car. About this time, neighbors, Mr. and Mrs. Robert Bailey were stopped outside near the house by Dewey Keith and at gunpoint told to get in the car.

            Unknown to the kidnappers, there was a guest, Mrs. Minnie Hudson, in another bedroom and she fled the house through the back door and went to the home of a neighbor named, Walter Fielding. Before the police could be notified the three men along with Mrs. Phelps and the Baileys, had departed the area.

            The kidnapping trio, took their hostages 12 miles north of Bonifay to a wooded area near a lake. Mrs. Phelps later said that one of the kidnappers told her he was John Dillinger and that, “I don’t want to kill you, but I will if you don’t give me your money”.  He also threatened to kill her if she didn’t keep her mouth shut. According to Retherford’s later testimony, Millard Keith beat Mrs. Phelps and she finally told him she would give them her money. They returned to her home, but the Sheriff and a crowd of people were there. They abandoned her in the still moving car and fled the area. The Bailey’s had stayed under guard by Retherford, (according to his own confession), at the lake until released at daylight unharmed. I believe Dewey was the one who stayed with the Baileys at the lake. When the Sheriff arrived at the lake, the kidnapper thought it was his partners returning. When he saw the Sheriff, he jumped into the lake and swam away, later to be arrested at a friend’s house.  The Baileys hid in the woods until they saw it was the Sheriff and they were safe.

            The authorities investigated and found that Mrs. Phelps had $1200 in her home. They made her put it in a local bank. The three men were quickly arrested and held at Chipley in Washington county for their safety.

            On July 4, 1934, James Bonard Retherford, and Millard Keith were found guilty with no recommendation for mercy in the kidnapping.  Dewey had a separate trial and on the 14^th of July he was found guilty but received a recommendation for mercy.

            These three young men were found guilty under the new “Lindbergh Kidnapping Law” which called for the death penalty if found guilty without a recommendation for mercy. Millard Keith, and Retherford were sentenced to death, and Dewey Keith was given a life sentence.

            In September of 1935 the convictions, and death sentences were overturned by the Florida Supreme Court and the two were granted a new trial due to the finding that the Holmes County Circuit Court failed to charge the jury correctly.  It was decided that the crime did not qualify as a kidnapping due to the fact that Mrs. Phelps was released after 2 hours, and no ransom was paid. It was considered an armed robbery. They were still found guilty and sentenced to life terms.

            Mrs. Phelps passed away 24 Nov 1939. She is buried next to her husband in the Red Hill Cemetery in Holmes County.

            I don’t know much about the Keith brothers after their convictions. I know Millard Keith was married and living in Jacksonville, FL by 1946.  He passed away in Gadsden Co., FL on 15 Sep 1987.

            Admiral Dewey Keith, (yes, that was his name), passed away in Geneva County, Alabama on 17 November 1996.

            Then we get to James Bonard Retherford and the rest of his short life. 

            Bonard Retherford, and the Keith brothers entered prison on December 20, 1935. On March 20, 1940, Retherford and two others escaped from a prison road camp in Alachua Co. On the 20^th of July, 1940, he was recaptured and returned to the prison camp.

            He was paroled March 20, 1943 and registered as a criminal with the Orlando Police Department on the 27^th of July.  He found employment as a truck driver by a friendly manager at the X-Cel Feed Company. After a few weeks, Retherford stole the manager’s car and drove it “Jooking” all over Florida and up into Alabama. He finally abandoned the car near Tallahassee, and was soon arrested on the 29^th of December, and returned to Orlando. He pled guilty of the auto theft and was fined $100 and given six months in jail. His parole was revoked and he was returned to prison to serve more of his life sentence in the Phelps case.

            When his parole was revoked by Judge W. M. Murphy, Jr. Retherford turned to police officer, Sgt. Cloyce Palmer, who had tracked the auto theft case and brought Retherford back to Orlando, and told him, “I’ll be back.”

            On April 5, 1944, Retherford escaped from the road camp in Floral City, Florida. He made his way to Orlando, and took a taxi to the home of Sgt. Palmer. When Palmer answered the door Palmer told him, “Make a move, and I’ll kill you.” Palmer immediately attacked and grappled with Retherford, and during the struggle the escaped convict was fatally shot.

            Sgt. Cloyce Palmer retired from the Orlando Police Dept. on 30 June 1967 after 28 years on the force including 25 as a Sgt.  He passed away on Sept 18, 1987.