The Murder of Joe Greer
Part 2
Written by Justin D. Lamb
County Judge Dupriest was controversial figure in the Greer murder trial in 1893.
(Courthouse Collection)
The entire county was abuzz in January 1893 as the examining trial against George Loftin, J.W. Crouch, James L. King, George Leonard, Will Hicks, James Ollison, and Joe Gero finally began in connection of the killing of Joe Greer on Christmas Eve 1892. “The courthouse could not hold the great throngs of people who wanted to be present,” reported the Benton Tribune on the opening day of the trial. “The day was beautiful and pleasant except for the mud through which the people had to come to see if Judge Dupriest will send the defendants to the Grand Jury.”
County Judge John Dupriest took the stand at ten in the morning and Sheriff Charles Starks called court to order. The attorneys for the prosecution were some of the best legal minds in western Kentucky at the time including County Attorney H.M. Heath, W. Mike Oliver, William M. Reed, Rhey Boyd, James M. Fisher, and J.M. Bean. The defense consisted of equal legal power with John G. Lovett, Sam Crossland, and Major Josiah Harris.
At the beginning, the trial took a dramatic start when James Fisher and County Attorney H.M. Heath both made arguments asking Judge Dupriest to recuse himself from the trial in fear that he showed favoritism toward the defendants. “The judge turned paled and appeared to be very much excited,” reported the Benton Tribune as the request was made against him. Additionally, County Attorney Heath presented a signed affidavit from former Sheriff W.W. English stating that Judge Dupriest harbored ill will toward the deceased Joe Greer which would affect his impartiality.
A lively legal argument fight ensued between the prosecution and defense over Judge Dupriest. The defense argued that the prosecution only wanted Judge Dupriest removed because they were political opponents. “This has nothing to do with this case, only politics,” argued John G. Lovett, “Judge should remain.” Judge Dupriest finally made a statement as to why he would be the only judge presiding over the trial. “The people of this county elected me to do their business and I intend to do and will not vacate this bench!” The statements brought “down the house as the crowd in the courtroom cheered Judge Dupriest and stamped and yelled like a political meeting,” reported the Benton Tribune.
Sensing that they could not get Judge Dupriest removed from the bench, the prosecution moved forward and called the widow of Joe Greer to the stand as their first witness. Mrs. Greer testified that she saw a group of men shoot her husband on Christmas Eve 1892 and that her husband named two of the defendants as the shooters on his death bed.
The next witness called was Mrs. Oscar Heath, but the court was informed that she was too sick to make the stand. Judge Dupriest ordered that one attorney from each side and the clerk of the court to go to the Benton Hotel where Mrs. Heath was living and get her testimony. Mrs. Heath testified that she was told by one of the defendants, James King, that $170 was offered to him and the other defendants in October 1892 to assassinate Joe Greer.
Following the testimony of Mrs. Heath, the prosecution told Judge they had no more witnesses to call. “Our remaining witnesses could not be here with today, but will arrive tomorrow,” said County Attorney Heath. “This trial has been delayed time and time again and if the prosecution has no more witnesses to offer today then we move to have this case dismissed,” chimed in defense attorney Sam Crossland.
An angry exchange of words then ensued between attorneys Sam Crossland and William M. Reed over a motion by the defense to dismiss charges. Crossland became so enraged at Reed that “put his hand in his overcoat pocket as if to draw a pistol but Sheriff Starks and Attorney Fisher caught him and held him so he could not shoot, while other parties caught Mr. Reed and held him, but in an instant he took his seat and said no more. Pandemonium reigned supreme in the courthouse with men running, jumping in every direction to get out of the courthouse.”
“Judge Dupriest sat as dumb as an oyster, and did not so much as put a fine upon the defending parties to stop the madness” reported the Paducah Daily Sun. Finally Jailer Pete Eley jumped on a bench and yelled for everyone to remain calm and return to their seats as there was no danger. Judge Dupriest adjourned the court until the following morning.
At 9am the next day, Oscar Heath was called and considered an important witness in the case of the prosecution. He testified that he and James King both agreed to kill Joe Greer for money. He also testified that he and King had been out looking for Greer as often as twice but never completed the deed. Heath then told the court that before a third occasion could arise, he backed out and “got cold feet and couldn’t kill Greer.”
Several other witnesses including a saloon keeper from Paducah all testified they had heard the defendants say on several occasions that they would kill Greer if they had the chance. The defense introduced 24 total character witnesses for the defendants all who testified of the good nature and character of the defendants.
After all of the evidence was heard and all the witnesses testified, Judge Dupriest dismissed the charge of conspiracy against the defendants in what he called lack of evidence.” I cannot rule on hearsay and non- corroborated testimony,” said Judge Dupriest. “Gentlemen, you are free to go.”
However, not everyone was happy with Judge Dupriest’s ruling and some claimed politics played a part in his decision. “There has been some criticism concerning the part Judge Dupriest played in the case the sitting judge, and he may have and did show a partial friendliness to the defendants. The county attorney was heard to mutter that Judge Dupriest gained a great deal of political support from the defendants due to his ruling.”
Political contentions continued in the county between Judge Dupriest and the attorneys of the prosecution which ultimately resulted in Judge Dupriest’s defection from the Democratic Party in 1894 to the Populist Party. That same year, John G. Lovett defeated County Attorney H.M. Heath for County Attorney and it was believed that Lovett’s legal skill shown during the Greer murder trial helped secure his victory over the incumbent Heath.