Butler County Missouri, Ed Cook of Melville Killed John Jones ==================================================================== Copyright. All rights reserved. This file was contributed for use in the Qulin Web site: © em jane ==================================================================== THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) AUGUST 17, 1909 FIST BLOW ON HEAD BROKE MAN'S NECK; DEATH IN FIVE MINUTES Ed Cook of Melville Killed John Jones of Harper's Ferry in Affray at Melville This Afternoon. Ed Cook, the well known barber at Melville killed John Jones, a farmer of Harper's Ferry on St. Francis river, at Melville this afternoon at 2:30 o'clock by striking him a fist blow about the ear, breaking his neck and bringing death in about five minutes. The men got into an argument, of which but little is known and later came to blows. Cook has not been arrested but a telephone report this afternoon was to the effect that he is coming to this city to surrender. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) AUGUST 19, 1909 JONES' NECK BROKEN BY A FALL ON RAIL SAYS CORONER'S JURY Ed Cook Came to City Wednesday Evening and Surrendered--Prosecutor Green Has Taken no Action. Ed Cook, who killed John Jones at Melville Wednesday afternoon at 2:30 o'clock while engaged in a quarrel, is believed not to have killed him by a single blow as seen by the coroner's jury, which in substance says, that Jones came to his death by being struck by Cook and falling over a rail, breaking his neck. It was first believed that the fist blow killed Jones but the inquest brought out facts that changed the opinion. It seems the deceased fell immediately on being struck over a rail in such a way as to break his neck in two places. Cook in company with G. W. Banks, a neighbor, started on horseback for this city soon after the occurrence, arriving here late in the evening. He at once surrendered to the authorities. When interviewed today Prosecutor Ernest A. Green stated that he had filed no information, as thus far he has made no investigation into the case. The trouble it seems was just a fist fight with the unusual accident accompanying it. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) AUGUST 20, 1909 MURDER IN SECOND DEGREE IS CHARGED AGAINST ED COOK Bond Placed at $5,000---Preliminary Hearing for August 31---Abington & Phillips Retained in the Case. A charge of murder in the second degree is the charge against Ed Cook for the killing of John Jones, in the information filed before justice Babcock Thursday afternoon. The law firm of Abington & Phillips had been retained by Cook and all arrangements to meet this action on the part of Prosecutor Ernest A. Green had been made, so that in five minutes after the information was filed the bond, which was placed at $5,000 was made and the defendant released so that he could go to his home. The date for the hearing was fixed at August 31. The evidence at the coroner's inquest brought out the fact that Cook and a number of friends became involved in a friendly scuffle and that the deceased, who was not with Cook crowd, without silicitation took a part in the affray. At first it was believed that a single fist blow killed Jones, but since the fact his neck was broken in a fall across a rail was developed. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) AUGUST 28, 1909 COOK'S PRELIMINARY WILL BE HELD HERE ON NEXT TUESDAY A.M. Ed Cook of Melville, who is charged with murder in the second degree, will be given a preliminary hearing before Justice Babcock Tuesday morning. He is charged with having killed John Jones at Melville recently by a single fist blow, which knocked him against a rail breaking his neck. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) AUGUST 31, 1909 CIRCUMSTANCES OF JOHN JONES' DEATH BEING BROUGHT OUT Ed Cook Being Given Preliminary Hearing in Murder Charge---About Forty Witnesses in the Case. The circumstances surrounding the death of John Jones at Melville recently are being brought out today at the preliminary hearing of Ed Cook, who is charged with the murder. The hearing is before Justice Poyner, who is holding his court at the court house today. Probably no case recently has been harder fought than this one. About forty witnesses have been summoned in it and all day the testimony has been going before the court. Though the day has been taken up in tlking testiony, only two of the forty witnesses have been on the stand at presstime, 3 o'clock. It will likely be Wednesday or Thursday before the testimony will all be in. The evidence shows that Cook struck Jones a fist blow that knocked him against a rail. He struck the rail in such a way as to break his neck in two places. The trouble grew out of a drunken row. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) SEPTEMBER 1, 1909 COOK PRELIMINARY STILL PROGRESSING BEFORE BABCOCK The preliminary hearing in the case of the state against Ed Cook, charged with killing John Jones, which was started before Justice Babcock Tuesday morning, is still progressing, and though about twenty of forty witnesses have been examined, there is no certainty as to when the finish may be expected. The hearing is being hard fought by both sides. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) SEPTEMBER 2, 1909 COOK WAS HELD FOR CIRCUIT COURT BY JUSTICE BABCOCK Hearing of Testimony Came to an End About Five O'clock Wednesday, Decision at Seven O'clock. Ed Cook of Melville was held for the circuit court by Justice Babcock Wednesday evening to answer to a charge of murder in the second degree. The preliminary hearing was begun Tuesday morning and from the start it was a hard fought legal battle. Many witnesses were placed on the stand. They number about forty all told and the testimony of some of them is conflicting. The examination of witnesses continued all during Tuesday and Wednesday until 5 o'clock at which time the court took the case under consideration and announced his decision at 7 o'clock to hold Cook over to the circuit court. His bond was placed at $2,500. He is charged to have killed John Jones at Melville recently. As a result of a drunken disturbance he struck Jones a fist blow on the head. He fell against a rail and his neck was broken in two places. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) OCTOBER 2, 1909 COOK CASE WILL BE THE FIRST CASE TO COME BEFORE COURT 220 Cases Will be Handled During the Term--Cook Trial May Begin Thursday The Butler county circuit court will convene for the October term on Monday and on that day the handling of two hundred and twenty cases will be begun. The first case to come up is the case of State against Ed Cook, charged with the killing of John Jones. If the parties in the Cook case announce ready for trial, it is very likely that the case will be set down for trial for Thursday and if so, in all probability it will take all of Friday and maybe Saturay, as there are many witnesses to be heard. There are thirty-seven criminal cases the remerinder being of the various remaining classes. On the first of November the court will adjourn until the middle of the month to allow Judge Jesse C. Sheppard to hold the regular term of the Ripley county court business will be resumed. The Cook case is about the most important to be tried at the term. By a fist blow on the head Cook knocked Jones down and in falling his head struck on a rail breaking his neck in two places. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) OCTOBER 6, 1909 COOK TRIAL BEGINS TOMMOROW; ALREADY 30 MEN QUALIFIED State Announced Ready This Morning---John Henry Jackson Fined $50 for Carrying Gun. The case of the state against Ed Cook, charged with the murder of John Jones at Melville recently, was called up this morning by, Judge Sheppard in the circuit court and after some delay the state announced ready for trial. At once the task of qualifying thirty men to sit as a panel, from which to pick a jury of twelve, was begun and it was with remarkable speed that this was done. The state has had some trouble in getting witnesses in attendance but today they were on hand and the announcement was made. The challeneging of the jury will begin at 9 o'clock tomorrow morning and the trial will likely begin at 1 o' clock. This morning there was a considerable amount of routine business handled. John Henry Jackson, colored, entered a plea of guilty to carrying concealed weapons and was fined $50. He was arrested on the day of the last general election on a charge of being at a polling place with a gun, which is a felony, punishable by two years in the penitentiary. His arrest at the city hall caused much excitementon the election day. The case of the State against Will Jackson, charged with running a gambling house, came up in the morning session and until shortly after 1 o'clock the trial was in progress. After being out for about an hour tbe jury returned a verdict of guilty and placed the punishment at two years in the penitentiary. Roscoe Tyler and W. Hosick, charged with horse stealing at Taft, entered pleas of guilty and were given sentences of two years in the penitentiary. After the disposal of the Jackson case the case of the State against Cates charged with carrying concealed weapons under the new statute, makinging it a felony, came up and Col. Henry N. Phillips, counsel for Cates, argued a motion to get the word felony struck out of the information, claiming that the new felony statue does not go into effect until November 1. Judge Sheppard held that the law is in effect. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) OCTOBER 7, 1909 COOK CASE TO JURY TODAY; STATE RESTED CASE THIS MORNING A Few Small Cases Dispoed of During the Session---Criminal Docket Will be Finished Thursday. The case of the State against Ed Cook, charged with killing John Jones at Melville recently, came up in the circuit court this morning and the indications are that the case will get to the jury today. Great despatch has been displayed in the handling of the case. The state rested its case before noon. The evidence brought out tends to show only what has already been understood about the case. It seems that Cook struck Jones knocking him down, his head striking a rail in such a way as to break his neck in two places. The trouble grew out of a joke over who was the best man in a congregation of men. Cook is represented by Abington & Phillips. Some other less important business was handled. Dave Todd was fined $5 for obstructing a public highway and $1 for assault. The case of the State against Davis and Gilpin, charged with trying to bribe witnesses in the case of the State against Luther Baggett, was set down for Saturday. Will Jackson, colored, who was given two years in the penitentiary for running a gambling house by a jury has appealed the case to the Supreme Court. It is announced that the criminal docket of the term can be disposed of by Thursday. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE REPUBLICAN (THE DAILY AMERICAN REPUBLIC) OCTOBER 8, 1909 ED COOK ACQUITTED OF MURDER CHARGE; JURY OUT 6 MINUTES Defense Contended That Jones' Killing Was an Excusable Homicide---Case Was Hurriedly Handled. After remaining out only six minutes the jury in the case of the State against Ed Cook, charged with second degree murder, returned a verdict of acquittal Thursday afternoon at shortly past 6 o'clock. The case came up in the forenoon in the circuit court and to the very great surprise of everyone the state rested before noon. It had been expected that the case would likely take two days, but by the close of the aftrenoon it was in the hands of the jury. The case was one with peculiar circumstances. The evidence showed that a single fist blow on John Jones' neck knocked him against a rail breaking his neck in two places. Abington Phillips, attorneys for the defense, defended under excusable homicide statute while Prosecutor Ernest A. Green asked for a conviction under the involuntary manslaughter act. The killing occurred at Melville several weeks ago and was the outcome of joking; according to the evidence. .