“E.R. Shepherd came to his death as the result of wounds from shots of a pistol in the hands of Luke Britt, aided and abetted by Dock Rozier and F.M. Huggins, and recommend that Elza Brown be held as a material witness and all be committed to jail” is the verdict rendered by the coroner’s jury which ended its investigations at 6:30 Tuesday evening. Huggins was arrested and placed in jail immediately after the signing of the verdict. Britt an Rozier, the later a negro, have been in jail since the decomposed remains of Shepherd were found near Parkton Monday of last week. Britt, Rozier and Huggins were not admitted to bail. Brown, who was arrested after the coroner’s jury began its hearings Thursday of last week, was released on $500 bond Tuesday night.
Coroner D.W. Biggs’ jury was composed of D.D. French, W.O. Thompson, Ira Bullard, Jim Spivey, John H. Floyd and Dr. John Knox, all of Lumberton. It began its investigations Thursday of last week behind closed doors, held sessions until Friday evening, when the hearing adjourned until Tuesday afternoon. Twenty-seven witnesses were examined by Solicitor T.A. McNeill.
A car belonging to E.R. Shepherd, who came to Robeson county from Doerun, Ga., collecting for a lightning rod concern, was found in a ditch on the W.C.A. highway a mile south of Lumberton on the 11th day of April last. Diligent search was made, the river was dragged at several places, but no trace was found until Monday morning of last week, when the decomposed remains which later were positively identified by relatives of those of Shepherd, were found in woods near Parkton.
Following is the evidence brought out at the coroner’s inquest:
Shepherd Had Large Roll
The first witness examined at the inquest was Joe Freeman, white, who stated that he saw E.R. Shepherd Sunday afternoon before he disappeared the next day. Shepherd had come to his garage to have some repairs made on his car and was with Elza Brown and a boy named Hooks. Shepherd paid for the repairs with a $10 bill, change being made at the café. In his estimation, Shepherd had at least $500 on his person as he produced a large roll and $10 was the smallest bill he saw. He saw a grip in the front of the car.
Drunk and Crazy
Herbert Ivey, who lives on the Elizabethtown road, stated that the did not know Shepherd but knew Luke Britt and Dock Rozier. Luke and a strange man passed his house in a Ford runabout at 7 o’clock Monday morning going in the direction of the “Meadows”. About 30 minutes later they came back by him and he recognized the car as the one that was found on the morning of April 11th. He met Elza Brown in the field that morning, and Elza told him that he was to go to Fayetteville with them that morning but that he couldn’t go. Said that Elza told him Luke had returned and said that Shepherd got so drunk and crazy that he had to leave him about 7 miles up the Fayetteville road, and walk back.
Fred Stone said he saw Shepherd with Luke Britt and Elza Brown Sunday night and that they were all drinking. Luke and Elza told him they were going to the “Country Club.” He also identified the car as being the one that was found early Tuesday morning.
Elza Brown’s Story
The most important witness of the first day was Elza Brown, who stated he tried to get liquor for Shepherd and who admitted being with him practically all day Sunday, but said he was not with him Monday. Admitted drinking heavily himself and that he with Shepherd and Luke Britt went to the “Country Club” and stayed about 30 minutes. After they returned to town he stated they took Shepherd to Fillyaw’s rooming house and left him about 10 o’clock. He said he had planned going to Fayetteville with Shepherd and Luke the next day, but that his grandfather wanted him to help cut off ditch bank and couldn’t go. Luke and Shepherd came by for him that morning but instead of going with them, went to the farm and worked. About noon he saw Luke come up walking and asked him where Shepherd was, to which Luke replied, “I left him up the Fayetteville road about seven miles. He got so drunk and crazy that I could not do anything with him. I took his gun away from him but gave it back.”
Brown then seemed to get his tale mixed a little and stated that he couldn’t remember whether Britt said he left Shepherd at 7 Pines or 7 miles up Fayetteville road. He admitted that Luke Britt had threatened to “beat the devil out of him” if he told anything about it.
George Edwards went on the stand and testified that he met Luke Britt with a strange man riding in a Ford runabout about 1 ½ miles from Lumberton going in the direction of Fayetteville. G.S. Wooten, who also knew Luke Britt, corroborated this statement as he was with Edwards.
Stayed All Night
Stanley Harrison, who lives in Columbus county near Evergreen, stated that a man who said he was Shepherd stopped near his house and offered him supper, then putting him to bed, Shepherd kept calling for whiskey. Next morning Harrison states that he saw Shepherd open his hand bag and that there was a large amount of money in it, kept together with a rubber band. Shepherd left the Harrison home that morning. The cuff links that were an outstanding feature of the identification were described by Mr. Harrison.
Lonnie Sinclair stated that as he worked in a field in the “Meadows,” he saw a man stop a Ford runabout, get out, and go in the direction of where Elza Brown was working. This was about 2 or 3 o’clock Monday afternoon. He paid no further attention to the car, but noticed next morning when he went back to work that the car was gone.
Purdie Sinclair said that a white man stopped where he was working Monday afternoon and asked for a match. He did not pay any attention to who it was.
Dewey Britt testified that he saw Luke Britt during Monday coming from Geddy’s ice plant on a two-horse wagon with Dock Rozier.
Ed Houston stated that he saw some one pass by his house about 9 o’clock Monday morning running at a very rapid speed.
Brown Varies Testimony
Elza Brown was recalled to the stand for further examination. His testimony at this time varied somewhat from what he first said, and the jury ordered that he be held in custody.
J.M. Blackman, grandfather of Elza Brown, testified regarding the whereabouts of Elza on Sunday and Monday nights. He stated that Elza worked for him all day Monday, and to the best of his knowledge stayed at home Monday night.
At this point Elza Brown was again called before the jury so that he could see his grandfather sign the testimony. Then his grandfather as excused form the room and Elza told a very much better tail relative to things he had told his grandfather. During this time he swore that to the best of his knowledge Luke had a pistol in his inside coat pocket when he came to him on the ditch bank on the edge of the field where he was working. Before this he had contended that it was a coca cola bottle with whiskey in it, or at least he was practically sure that it was a bottle and not a pistol. For the first time he then told that Luke said, “I wish I could see Dock,” referring to Dock Rozier. Dock happened along just at this time and Luke got in a wagon with him and started off toward town.
Passers in the Night
The next witness of much importance was W.A. Shepherd, who lives in the eastern part of town. He stated that during early morning Tuesday he had to be up with one of his children, and as he arose he noticed the clock and it was 5 minutes after 2 o’clock. While he was up he heard someone talking. He asked his wife about it and turned off the light, raised the shade and saw Luke Britt and Elza Brown pass by the window close enough to him that had he had a yardstick he could have touched them. He did not understand anything they said, but stated that they were talking very fast and nervously. He watched where they were going and saw them enter a room in Mrs. Tilley’s house which Britt and his wife occupied. He asked his wife why was Luke and Elza out that late at night, she replying that Mrs. Luke Britt had been sick and perhaps it was someone who had gone for a doctor. Next morning Mrs. Shepherd inquired as to Mrs. Britt’s condition and found that she was much better. No doctor had been there that night. The witness stated that Luke and Elza were coming in a direct route from the river where the car was found several hours later.
Where Handbag Was Found
Giles Rozier, father of Dock Rozier, was on the stand a short while telling of some white man, well dressed, stopping at his house on Monday and wiping off a handbag with a piece of cloth and wiping off parts of the car, then going down the road and coming back in a few minutes. It was down this road that the hand bag was found some time after Shepherd was missed.
Roy Reed, a young negro who is working on the chain gang, stated that he stayed with Giles Rozier at the time in the same room with Dock. He told a story about hauling sawdust into the hog pen back of the house and finding boards in the hog pen pulled up and that new clay was found thrown near the pen. Said that dock had threatened to beat him if he ever told that Elza and Shepherd were out there at any time. He further said that the three white men road off from there in one car and Dock followed in his car. This was Sunday night.
The coroner’s inquest was resumed Tuesday afternoon at 2 o’clock, having been adjourned since Friday night. The first witness called was Elza Brown, from whom the jury had not been able to get a complete and satisfactory statement. For nearly an hour he weas questioned but very little headway was made, and he was excused, to await another turn.
Mr. H.S. M’White, next witness, testified that he lived six miles from Lumberton on the Meadow road; that he was in the field at work several hundred feet from the road when he saw a Ford touring car running very fast about 10:30 a.m. the day Shepherd was missed. He stated that he was unable to recognize positively any of the occupants of the car.
Recognized Luke Britt
Mrs. Eva M’White was called next and testified that she was the wife of Mr. H.S. M’White and that she was on the back porch of their home when she heard a car coming, the occupants of which were singing and hollering, and that the car was running very fast. She plainly recognized the driver of the car as Luke Britt, whom she had known for some time. She further testified that there were two other men in the car, both white, but that she could only recognize Britt.
Afraid to Go Through Woods
Mr. Bundy Powers testified that Monday morning he met a Ford touring car going in the direction of Fayetteville, while he was coming to Lumberton on a wagon. “The Ford was running at a very fast gait and I recognized Luke Britt and F.M. Huggins,” said the witness. Mr. Powers stated that there was another man in the car whom he had never seen before. During the last Robeson county fair, Mr. Powers hired Luke Britt to take him home. Britt took him to a filling station near his home, but told Mr. Powers upon reaching the filling station that he was afraid to go through the stretch of woods between there and his home. The witness said that he offered him 50 cents more to carry him on but Britt refused again, stating that he was afraid to go through those woods.
John David Hammonds swore that he weas with Mr. Powers on Monday morning and corroborated Mr. Powers’ testimony, including that he recognized Luke Britt and F.M. Huggins, but did not know the other occupant. He also testified that he had seen F.M. Huggins on several occasions riding in that direction.
Mr. Purvis Powers swore that he was working in his field Monday morning when he saw a Ford touring car running in a reckless manner, that he recognized Luke Britt as the driver but did not recognize the other two men in the car.
Mr. H.M. Fillyaw testified that E.R. Shepherd was brought to his house Sunday night by Elza Brown and Luke Britt, and secured a room for the night. The next morning Mr. Fillyaw said that Mr. Shepherd told him that he was short $15 or $20 and a pistol, asking Mr. Fillyaw who the boys were he was with the night before. Later Mr. Fillyaw saw Mr. Shepherd and Mr. Shepherd told him everything was okay, that the boys had brought his pistol back and that the money was possibly spent the day before. Then Shepherd asked Mr. Fillyaw if the boys were all right for him to take on a trip the next day.
Testimony of F.M. Huggins
F.M. Huggins was called told the stand and stated that he was at Wayland Locklear’s Sunday night when Shepherd, Britt and Brown came there, and that they stayed only a few minutes, Shepherd appearing to be very drunk. He stated that he saw Luke Britt later and that Britt asked him several questions regarding the disappearance of Shepherd. Huggins testified that he did not leave Lumberton Monday morning and that he never rode with Luke Britt on Monday. He was asked if he knew Mr. Bundy Powers. To this he answered in the negative. He was asked if he could show by his order blanks, duplicates, etc., that he was in St. Paul that day on business. Huggins replied that he did not believe he could, as he was not certain he left town that day; in fact he stated that he had a lot of brick here that had been turned down on him by a customer and that he had to remain here and dispose of them.
The testimony of Chief of Police Barker was taken relative to the finding of Shepherd’s car on Tuesday morning and the identifications made by relatives of Shepherd.
Elza Brown Moved to Tears
Elza Brown was then called for the last time and gave a statement that corresponded with his first. After signing this he was told that the jury had recommended that he be held as a material witness, an that he would have to go back to jail. This brought tears to the young man’s eyes, and he begged to be kept somewhere besides the jail, complaining that he had suffered greatly by his presence there the past few days. He was assured by the officials that everything possible would be done for him and that they would try to get a light bond made so that he could get out on bond. He went b ack to jail however, under much protest.
From the front page of The Robesonian, Lumberton, N.C., March 1, 1923
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