Judge Orders Bost Held for Vanderburg’s Death. . . Verdict Came After Three Hour Hearing into Facts About the Death of Cabarrus Farmer. . . Vanderburg Told About the Case. . . It is Known Now That the Dying Man Made Statement, But Nature of the Statement Is Not Known
Jesse Vanderburg, who died Wednesday night in the Concord Hospital as a result of wounds received Tuesday night at the home of Martin Bost, his neighbor, did make a statement before he died. This is the most important fact brought in the case since the death of Vanderburg.
It was learned form authoritative sources this morning that Vanderburg talked briefly of the case just before he died. It was impossible, however, to get information as to what the dying man said. Vanderburg refused to discuss the case Tuesday night after he arrived at the hospital and during Wednesday he continued his silence. It was generally understood that he died without giving any light on the facts leading up to the tragedy, and the established fact that he did discuss the case before dying leads many to believe something definite has been developed by the prosecution.
Coroner Joe A. Hartsell summoned a jury and held an inquest Thursday afternoon. A number of witnesses were heard but the inquest developed but two facts—that the defendants will plead self-defense and that the State will fight this plea. After hearing the witnesses the jury ordered Bost held without bond for trial at the next term of Cabarrus Superior court.
Bost was not questioned at the hearing but a number of persons, many of them relatives, told the jury what they said Bost told them. The gist of the evidence was that Bost shot Vanderburg as the latter advanced on him with an axe.
That this contention will be bitterly fought by the state is indicated by the evidence of another witness., a relative of the dead man, who said that when the ambulance arrived to carry Vanderburg to the hospital there was no axe at the point where it was later found. The witness said he held a flash light so the driver of the ambulance could see to back up to the porch where Vanderburg was lying, and that he did not see the axe.
While Bost has made no statement concerning the shooting since he has been in jail it was definitely known that he was going to plead self defense, so evidence to this effect submitted at the hearing did not come as a surprise. It was not generally known, however, that Vanderburg’s relative was to testify about not seeing the axe and his testimony is taken as very important. It seems certain now that when the case is called the matter of the location of the axe will have considerable attention. For the contention of the defense, it will be necessary to establish the fact that Vanderburg had the axe, while the State is expected to contend that Vanderburg had no axe and that the axe on the night of the shooting was not at the point where it was found the next day.
Vanderburg’s statement is considered the most important fact established in connection with the case. That its contents have not been made public indicates that the State intends to use the statement as a trump card in the trial of Bost.
While it is definitely known that Vanderburg mad the statement, it is not known to whom it was made. One rumor declares a nurse and physician were present when it was made, but this rumor cannot be substantiated.
While the State has made no announcement to such effect, it is believed that an effort is being made to get more information as to where the tragedy occurred. Bost has contended, it was shown at the coroner’s jury, that Vanderburg was shot near the back porch of the home and later staggered to the porch. The State has made a very careful search for blood spots near the house, and this indicates that officers are not satisfied in their own mind that the shooting occurred at the home. Two small patches of blood were found on the porch, it is said, but Vanderburg is believed to have bled profusely and investigations made by the State indicate that officers believe there should have been more blood on the porch or on the ground near the porch.
The funeral for Vanderburg was held this afternoon at 2 o’clock at Cold Springs Methodist Church, Interment was made in the cemetery of the Church. He is survived by a wife and eight children and other close relatives.
While the coroner’s inquest was being held here Thursday afternoon, quite crowd gathered at the Bell & Harris Undertaking Parlors, where the inquest was conducted. The case has aroused general interest throughout the county and in the crowd that gathered for the inquest were many who knew both men intimately and who were drawn to the scene of the hearing by the hope that they would get some information that would throw light on the case.
Bost was the first person brought before the jury and on being questioned, refused to talk unless he had his lawyers with him. He was dismissed and the other witnesses were examined.
Worth Vanderburg, son of Jesse Vanderburg, testified that he and his brother had carried their father and Malcome Aiken to Martin Bost’s home in order to “make music” and that his father had carried a jug of wine out of which Jesse Vanderburg and Martin Bost drunk freely. Neither was drunk, however, according to his testimony. When the two Venderburg boys and Aiken started home about 12 o’clock that night (Monday) Jesse Vanderburg refused to accompany them.
Malcome Aiken testified that Vanderburg had been drinking before they went to Bost’s on Monday evening and that they carried a two-gallon just with them. Bost said that he did not like to drink wine because it gave him a headache, but did when the rest started drinking, it was said by the witness.
The next two witnesses, George Plott and Will McCurdy, differed on the number of shots they heard fired. Both are near neighbors of Bost. George Plott, who was outside of his house when he heard the shots, testified that he only heard two shots but that he immediately went inside and told his daughter that Martin was shooting again. He said that Bost often got drunk and that when he did, he sometime shot around the house and it was this that he attributed the sounds. McCurdy, in his testimony said that he was indie when he heard the two shots and that he went to the front porch where he stood a short while and then heard another. Neither went to the Bost home.
Ed Biggers was the next witness to testify. His story was that Bost came to him about dar and asked him to take him to Frank Smith’s. He knew nothing about the shooting until he got to Bost’s although he did hear, Bost says, that he would give himself up the next morning and that a colt had kicked somebody in the chest and he (the one kicked) would not get away.
Frank Smith plead ignorance of any knowledge of Bost’s actions and story because of a deafness. Bost did tell him something, he said, but he did not understand it. Both are relatives of Bost. Both also said they saw the axe which Bost told them that Vanderburg tried to kill him with.
John Saunders said that Bost came to this home shortly after midnight on Tuesday night and stayed with him until morning. His story was similar to that told by Biggers and Smith.
The principal point in the testimony of John Vanderburg, a brother of the slain man, was that he did not see the axe which both Smith and Biggers claimed to have seen. He said that he had a lantern in the yard and thinks he would have seen it had it been where it is now. He also had a flashlight trained on the ground where the axe was supposed to have been when the ambulance backed up to the porch and moved a chicken coop nearby but still did not see the axe.
The jury’s verdict was as follows: “We the undersigned coroner’s jury, have investigated the death of Jesse Vanderburg and, in our opinion death was due to a gunshot wound in the chest fired by Martin Bost. We recommend that the said Martin Bost be held in solitary confinement without bail until the next term of the Superior Court.”
(Signed)
C.A. Robinson
T.J. Hendrix
T.B. Sturgiss
S.L. Brown
W.S. Dalton
L.H. Brown
From the front page of the Concord Daily Tribune, Sept. 19, 1924
newspapers.digitalnc.org/lccn/sn92073201/1924-09-19/ed-1/seq-1/
