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18. Closing Arguments and the Verdict

Corey Recko University of North Texas Press PDF


Closing Arguments and the Verdict

Before the closing arguments began, the attorneys argued as to whether the defendants could be found guilty of murder in the first, second, or third degree, or if it was to be first degree or nothing at all. The defense wanted only the latter option available to the jury.

Judge Parker ruled, “The court will submit the three degrees of murder to the jury.”1

The jury was brought in. Richmond Barnes opened the closing arguments for the prosecution. Barnes went through the chain of circumstantial evidence very thoroughly. He said that while one or a few coincidences might be explained, the whole chain could only be explained on the one hypothesis, that the defendants had murdered the Fountain child. His speech was described as “rather

flowery, and the figures of speech and quotations from The Pickwick

Papers probably went over the heads of the jury.” The interpreter had a difficult time translating some of this, and Barnes had to repeat his expressions. When speaking of Oliver Lee’s mother, who had testified as to Lee’s alibi, Barnes remarked that she had laid “a wreath of maternal duty on the altar of maternal love.” This was too much for the interpreter, and the prosecutor had to explain. Barnes spoke until the noon recess.2

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Chapter 17 I Have Killed A Many Man

Rick Miller University of North Texas Press PDF



I Have Killed

A Many Man


fter Long­ley was sentenced on Tuesday, September 11, 1877,

Jim Brown discussed with Judge Turner his concerns about the security of the Lee County jail while Long­ley was awaiting the outcome of his appeal. Turner agreed that it was “not a safe jail for the confinement” of Long­ley, and ordered that he be conveyed to the Travis County jail in Austin “for safekeeping during his appeal.”1 Turner initially ordered Long­ley sent to Galveston, but crossed it out in favor of Austin.

Apparently there was no room for Long­ley in Austin where John

Wesley Hardin was currently being detained. Brown sent a telegram that evening to Sheriff Christian Jordan in Galveston: “I want to imprison Bill Long­ley with you. Answer instanter. Can you take him?”2 Jordan promptly responded that the county commissioners of

Galveston County had prohibited him from receiving prisoners from other counties until the county jail could “be placed in a more secure condition.” On the 13th, Brown again telegraphed him: “By request of many citizens I telegraph you again to take Wm. Long­ley for safekeeping. He is convicted of murder and is threatened by mob.”3

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19 The Northrup Trial

Gary M. Lavergne University of North Texas Press PDF


The Northrup Trial

“This was a monster that needed taking care of.”

—Mike Freeman, McLennan County

Assistant District Attorney

On May 18, 1992, a Texas Department of Criminal Justice (TDCJ)

Internal Affairs Investigator named John Moriarty called APD Detective Sonya Urubek at her office. Moriarty told her that he was compiling a timeline of Kenneth McDuff ’s known whereabouts from the time he first entered prison in 1965 to the present. Other than informal meetings among officers, this was the first serious attempt to compile data from several law enforcement jurisdictions into a central location.

The synopsis Moriarty compiled became a godsend for the dozens of detectives investigating McDuff, allowing them to safely eliminate

McDuff as a suspect in a number of pending murders, rapes, and abductions.1

John Moriarty and TDCJ had been brought into the case because

McDuff was an ex-con on parole. John was originally from the South

Bronx in New York, but he fit in very well with the Texas posse informally assembled to track down McDuff. John Aycock, a quintessential

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Gary M. Lavergne University of North Texas Press ePub

The Nice Facade


Charlie's involvement with Boy Scout Troop 5 of the Methodist Church and his reported membership in the Lion's Club suggest some openness to camaraderie, but he struggled to establish relationships. Members of study groups in the College of Engineering found him difficult to deal with. His life was complicated. He convinced himself that he had too much to do, and he seemed incapable of establishing priorities. A lifelong friend described him as a thinker and a planner, but he had serious problems deciding what to do with his life. In early 1964, Charlie wrote in his diary, “I would definitely like to develop an interest in electronics.…” He used the word “definitely” frequently in his notebooks and diary, yet he seldom displayed definitiveness. Perhaps Kathy's academic success and her timely graduation inspired his renewed drive towards finishing his degree program as early as possible. Or he may have interpreted her success in teaching as a blow to his ego. She provided most of the income and all of the health care coverage in their household. 1 Regardless, he took moderate to heavy course loads for the remaining semesters of his academic career.

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10 The Car Wash

Gary M. Lavergne University of North Texas Press PDF


The Car Wash

“Nobody should be put through that type of torture.”

—Alva Hank Worley


Every Christmas season miles of multi-colored lights illuminate Congress Avenue in downtown Austin. From the Colorado River, which

Austinites insist on calling Town Lake, to the State Capitol, the bulbs form a colorful tunnel, and at times motorists have trouble seeing traffic signals. But it does not matter; Austin drivers have little respect for traffic lights anyway. Mild weather usually greets Christmas time; hardy

Austinites do not bother with winterwear like sweaters or coats. At best, light windbreakers suffice, especially during the Christmas season of 1991 when the average minimum temperature was about forty-six degrees.

The tragic murder of four teenage girls in a Yogurt Shop dominated

Austin news in December of 1991. The “Yogurt Shop Murders” broke the city’s heart. Billboards with pictures of the four beautiful high school girls begged for information about what had happened. Not since Charles

Whitman went on his shooting spree at the University of Texas Tower in

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