Louie Whitmire of Rosman was ordered held in jail here without bond until the next term of Superior Court, December 6, and Arthur Petit and Oscar Petit were cleared of charges preferred against them in connection with the mysterious disappearance and probably murder of Jess Masters of Rosman, occurring Sunday morning, August 15, this verdict being rendered by Magistrate F. E. Shuford at the preliminary hearing held at the court house Thursday, September 9. The three men had been held in the county jail for a week just prior to the hearing, and for one week following the finding of the body of Jess Masters near Rosman on September 2, in a badly decomposed state, just 19 days after his disappearance.
Of the 31 witnesses summoned for the hearing, including Wade Masters of Easley, S.C., nephew of the slain man, Charlie Moss, Rosman policeman, Sheriff B. J. Sitton and Truman Childress of Pickens, S.C.
Wade Masters, in his testimony, practically cleared Arthur Petit in corroborating the statement made by his brother Ben Masters at the inquest, saying that Petit left the crowd on Sunday, August 15, about 30 minutes before Whitmire and Masters were last seen together. But he further incriminated Whitmire in making the statement that the tree men in the car, including Wade and Ben Masters and Walter Gunter, all of Easley, S.C., drove off and left Whitmire and Jess Masters standing together after the two had left the car presumably to walk a short-cut to Rosman. He further stated that the three drove off leaving the two men standing together in the road in the flat and he did not see in which direction the went. This statement conflicts somewhat with that of his brother Ben, who previously testified that they saw Whitmire and Jess Masters start off together on the near-cut to Rosman. Wade Masters further testified that Jess Masters displayed a roll of bills the size of his fist which he drew out from his trousers pocket, but he did not state the amount he had. He also stated that Jess and Whitmire had both been drinking and that Jess had a pint bottle of whiskey in his pocket the last time they saw him alive, and that a bottle of the same size and appearance was later found near the body of Masters. Wade Masters was on the witness stand an hour and 30 minutes.
The second witness, Charlie Moss, policeman at Rosman, testified mainly as to the condition of the slain man’s body when found and his clothing and as to the location of the body with reference to the main highway, which was, he stated, about 300 yards from the public road on a trial about ½ mile from Tal Petit’s home. Moss further stated that he was on the scene about an hour after searching parties had found the body of Masters, and told of cuts in the clothing of the slain man but that he saw no marks on any part of the body, which had reached such a stage of decomposition to be beyond recognition.
Following this testimony, court adjourned for lunch and re-convened at 1:30, the first witness heard being Sheriff B. J. Sitton, who told of the location of the body when found in reference to the distance from the public road, and of the condition of the body and immediate surroundings, corroborating with that of previous testimonies he stated that \Whitmire, when arrested, appeared nervous when asked if he had seen Masters on the day he disappeared, saying he had not seen him but latter admitted that he had seen him on the Old Toxaway road and had a drink with him and then left him, Jess going one way and he, Whitmire, going the opposite direction. Sheriff Sitton also testified that he had two other warrants out against Whitmire since the disappearance of Masters, charging him with larceny of a gun and of chickens. Sheriff Sitton stated that Masters had been missing about 16 days when the disappearance was first reported of him.
The last witness heard was Truman Childress of Pickens, who testified regarding his knowledge of Arthur Petit, the two having worked together near Rosman, and told briefly of Petit’s actions the week following the disappearanfce and murder of Masters, stating that Petit appeared somewhat downcast that week but did not make any mention of the Masters affair.
Jess Masters, who was about 40 years old, and unmarried, disappeared from his boarding house, C?? Whitmires, at Rosman on Sunday morning, August 15, and his body was found by searching parties on Thursday, September 2, near the home of Tal Petit, who is father-in-law of Louis Whitmire, the man now being held on charges connected with the death of Jess Masters’ appearance.
R. R. Fisher and W. E. Breese represented the defense at the preliminary hearing, and L. P. Hamlin and Pat Kimzey prosecutors.
From the front page of the Brevard News, Sept. 18, 1926
newspapers.digitalnc.org/lccn/sn92074063/1926-09-16/ed-1/seq-1/
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