In the course of time, practically every resident of that district had been before the brush-arbor court of inquiry, and if a shorthand report had been taken of that testimony it would have furnished material for many a character study and tale of fiction.
Guilty knowledge of the crime actually killed a man named Eli Sparks, whose conscience tortured him day and night to the point of giving testimony, yet whose fears upon the witness stand caused him to withhold the truth. He was a large red-faced man, evidently greatly excited when questioned, and concealing more than he told. Soon after his first examination he met Captain McDonald and offered to testify again, saying that he had been too frightened to tell the truth, the first time, but thought he could do better, now. The Ranger Captain scrutinized him keenly and made the prophecy that Eli Sparks would not live thirty days, unless he got rid of the load on his conscience. He died in just half that time; not, however, until he had fully confessed a complete knowledge of the details of preparation for the crime, and how once he had gone with the mob when they had intended hanging the Humphreys, but for some reason had postponed the event. The poor wretch did not go the second time, but his guilt nevertheless dragged him to the grave.
Another who came to the brush-arbor inquiry was a banker who testified that the Humphreys had received their just deserts for the reason that they were thieves and should have been hung long before.
"How did you come to escape, then?" asked McDonald. "I understand that you were once indicted for cattle-stealing yourself, and that you actually got the cattle. Is that so?"
Under severe pressure the witness admitted that there had been such a charge and that the cattle had by some means got into his possession. He got away at last and disappeared out of the case entirely, though he had been active up to that point.
The efforts of the men believed to be concerned as principals in the crime, to establish their innocence, were sometimes wary, sometimes crudely absurd, and always fruitless. The mesh of fact that was weaving and linking itself about them became daily more tightly woven, more impossible to tear away. Knowing themselves closely watched, they dared not attempt flight. To do so would be to confess guilt, and capture would be well-nigh certain. Like Ahab, having compassed the death of a neighbor, they "lay in sackcloth and went softly." Finally it came to pass that three of these "children of Belial" turned State's evidence—that is, they confessed fully, sacrificing their comrades, under the law, to save themselves. Eleven men, including these three, were brought to trial.
Yet, conviction was not easy, in spite of the direct character of the evidence. The accused men employed lawyers who were ready to balk at no methods that would save their clients, and there were plenty of witnesses willing to testify as instructed. Efforts were also made to influence and coerce the State's witnesses, and McDonald found it necessary to threaten certain counsel for the defense with subornation proceedings, before he could get the way clear for action. Even then it was thought advisable to transfer the cases to Palestine, in the adjoining county, for trial—sentiment in the neighborhood of Athens being regarded as too favorable to the accused. In the final trial John and Arthur Greenhaw and Polk Weeks, who were not only murderers, but cowardly traitors, were given their freedom in exchange for their evidence that sent their eight associates to the Penitentiary for life.
Polk Weeks, in giving his evidence, appeared much disturbed, but confessed how he had climbed the tree and tied the ropes, and tied them too long, making it necessary for the legs of the Humphreys to be bent upwards, to clear the ground. John Greenhaw corroborated this, but grinned as he told it, remembering how amusing it had been. He did not live to enjoy his freedom, for he was shot soon after his discharge by a son of one of the murdered Humphreys—young Willie Humphrey, who was never punished for that righteous act.[11]
FOOTNOTES:
[11] Extract from a letter relating to the Humphrey case, written by Assistant Attorney General N.B. Morris to Adjutant-General Thos. Scurry; included in the latter's Annual Report for 1899-1900.