The following text of the ballad about Lula Vires [variously spelled Viers, Voyers, Vires] comes from a bound mimeographed collection titled Folk Songs from East Kentucky Collected by the Folk Song Project of the Federal Music Project in Kentucky.The origins of this book are not well-documented although several copies exist in different libraries. From internal evidence, it can be traced to Jean Thomas, an author from Ashland, Kentucky, who was put in charge of a folk music collecting project under auspices of the W.P.A. in 1935-1936. The work does not give any attributions for sources of songs and ballads, but it's worth noting that "Lula Vires" was recorded in 1934 by Walter Garwick, working under direction of Jean Thomas. I have not yet been able to compare the recorded version with the version published in the WPA collection.


The text is a bit rough in terms of its poetry, but it does contain a number of references that link it to historical facts of the case. The first four verses essentially explain that Lula Vires lived at Auxier, that she became pregnant by John Coyer, and that she accompanied Coyer to Elkhorn City before her disappearance. Details about her death and later discovery of the body in the Ohio River are understandably garbled, but the girl's mother did go to Ironton, Ohio to identify the body, something she was able to do only by comparing scraps of clothing and identifying the source of the girl's shoes. The true fate of John Coyer has never been sufficiently revealed. Some reports say he was killed while fighting for the Allies in Europe, and others suggest he survived the war, came back to the United States and disappeared, escaping prosecution for the murder of Lula Vires. One Kentucky newspaper reported a few years later that a man on his deathbed confessed to having killed Lula, but no one seemed to follow up on it.
One of the more perplexing aspects of the story, and one that generally gets glossed over in the ballad, is that Lula Vires was thought to have been killed somewhere near Elkhorn City, far up the Big Sandy River, but her body was found over 100 miles away in the Ohio River. Most people assume she floated that far, but there is also some suggestion that John Coyer shipped her body in a trunk to Ashland, Kentucky and dumped it in the Ohio River there, essentially only a few miles upstream from where it was eventually found.
In any case, some of the story is revealed in contemporary clippings which I have transcribed below. The song has been mentioned and discussed in a number of folklore oriented books and articles, but none of the accounts I have seen have a) resolved the issue of what actually happened to the alleged murderer, John Coyer, or b) looked at the web of relationships between Coyer, his siblings, and the woman named Hazel McKenzie who was arrested and implicated along with Coyer in the death of Lula Vires. The clippings below deal with some of these persons, but newspapers did not make any attempt to connect the dots, and I have not yet been able to do so, though it seems likely there are connections that need to be looked at carefully.
John Coyer had a sister named Golda, or Goldie. She was married more than once, and in the mid-1920s she was in various scrapes in Portsmouth, Ohio where she lived under the name Goldie Hudson. She had earned a reputation as running a house of ill repute. At one point, she shot (and killed) her lover, Thomas Cole, although that was deemed by the courts to have been accidental (she didn't know the gun was loaded). The woman, Hazel McKenzie, who was arrested with John Coyer in connection with the murder of Lula Vires seems to have been friends with Goldie Hudson. Another of John Coyer's sisters was Opal Coyer, and she lived with Goldie Hudson at one point. The connections between Hazel McKenzie and the Coyer family need to be explored further. There may be much more to the story of Lula Vires than the one offered in the ballad and subsequent studies by folklorists. Many people seem content to think that a conviction or execution or disappearance of the perpetratior is all we need to know, and that the story ends there. I am not so sure.
Lula Vires
Come all you good people
From all over the world
And listen to a story
About a poor young girl.
Her name was Lula Vires
In Auxier she did dwell
A place in old Kentucky
A town you all know well.
She loved young John Coyer
Engaged to be his wife
He ruined her reputation
And later took her life.
They went to Elkhorn city
Sixty six miles away
And registered at a hotel
Until the close of day.
And as the darkness fell
They went out for a stroll
It was in cold December
The wind was blowing cold.
They went down to the river
Cold water was running deep
John said to Lula
In the bottom you must sleep.
Do you really mean it John
It surely can’t be true
How could you stand to murder
A poor helpless girl like me.
She threw her arms around him
Oh John please spare my life
So that I can go back to mother
If I can not be your wife.
She threw her arms around him
Before him she did kneel
Around her waist he tied
A piece of railroad steel.
He threw her in the river
The bubbles they did rise
They burst upon the water
With a sad and mournful sight.
He hastened to the depot
And bounded a train for home
And thinking that his crime
Would never more be known.
Poor Lula she was missing
No where could she be found
They searched the world all over
For many miles around.
John Coyer joined the army
Four months had gone and past
But in the Ohio River
The body was found at last.
They took her from the river
And took her to the town
The steel that was tied around her
Weighed even thirty pound.
They held an inquest over her
The people were in doubt
They could not recognize her
They could not find her out.
They sent for a reporter
His name was arodent
He printed it in the paper
And around the world it went.
Her mother was setting in her home
When she read the news
She quickly left her chair
Ran to the telephone.
Saying I will send a message
Or I will go and see
If it is my daughter
It surely can not be.
She boarded a train for Ironton
And arrived right at the place
And described the clothing she wore
When she saw the corpse fell
Fainting to the floor.
Saying John Coyer must be arrested
And placed in jail
And for that awful murder
No one could go his bail.
He was arrested and placed in Floyd County jail
When soon an army officer came
And took him straight away.
He took him off to France
And he never returned to stand trial
For the awful deed that he had done.
August 1, 1913. Louisa KY Big Sandy News.
Auxier.
John Coyer, who has lost two weeks of work on account of his eyes, is able to resume work.
August 8, 1913. Louisa KY Big Sandy News.
Auxier.
Miss Rosa Wells called on Miss Daniel and John Coyer and Elmer Decker spent a delightful Sunday evening at the home of W. M. Daniel.
June 7, 1917. Sandusky OH Star Journal.
GUARDSMAN ACCUSED OF LOU VIERS MURDER.
Ironton O. June 7–A warrant for the arrest of Frank Coyer, Louisville, Ky., was issued this afternoon. He is wanted for the alleged murder of Lou Viers whose body was found in the Ohio river with a heavy weight attached.
The body was positively identified by Mrs. Lottie Viers as that of her daughter. Coyer is a national guardsman. He is alleged to be the father of Miss Viers' illegitimate child.
June 8, 1917. Beckley WV Raleigh Herald.
DROWNED GIRL IDENTIFIED
Mother Identifies Body and Swears Out Warrant for Girl’s Betrayer.
Huntington, W. Va., June 7.—Mrs. Lottie Viers, of Prestonsburg, Ky., a widow, today positively identified the body found at Ironton, Ohio, as that of her 19-year-old daughter, Lula Viers, who disappeared December 9, 1916, on the day on which she was to have been married.
The mother brought to Ironton a piece of cloth used in making the girl’s wedding frock, and it matched the goods of the dress on the corpse.
Mrs. Viers obtained a warrant charging John Coyer, 22, a Kentucky national guardsman, with the murder of her daughter. She said that Coyer departed with the girl ostensibly to marry her, but the girl had not been seen since. Coyer, according to Mrs. Viers, returned a few days after her daughter’s disappearance, with the statement that she would never be seen alive again. The Ohio authorities turned the corpse over to Mrs. Viers.
The girl’s shoes with name of a Columbus, Ohio, firm stamped inside were bought from a dealer in secondhand shoes at Auxier, Kentucky, Mrs. Viers said. The guardsman, Coyer, had been accused as the father of Miss Viers’ naemless baby, born two years ago, the widow said, but had resisted the charge in court.
June 8, 1917. Lancaster OH Eagle Gazette.
YOUNG WOMAN IDENTIFIED
Guardsman Held In Connection With Her Death.
Ironton, O., June 8.—A warrant was issued for the arrest of Frank Coyer, Louisville, KY. He is wanted for the alleged murder of Miss Lou Viers, whose body was found in the Ohio river near here. The body was positively identified by Mrs. Lottie Viers of Prestonsburg, Ky., as that of her daughter. Coyer is a national guardsman. He is alleged to be the father of Miss Viers’ child. Miss Viers’ body was found by rivermen while moving a sand barge. A piece of iron from a railroad block signal was wired to the body, establishing the murder theory. On the inside of a shoe Miss Viers wore was found the stamp of a Columbus shoe company.
June 8, 1917. Pittsburgh, PA Daily Post.
Guardsman Accused of Girl’s Murder.
Huntington, W. Va., June 7.—County Judge P. C. Mays of Floyd county, Ky., tonight issued a warrant charging John Coyer, 22 years old, a Kentucky National Guardsman, with the murder of Miss Lola Viers, 19 years old, of Prestonsburg, Ky., following identification of the body found at Hanging Rock, O., a few miles below this city as that of Miss Viers, according to Chief of Police James Sizemore, who was present at the identification in Ironton, O., today.
The identification of the body, to which a piece of railroad iron had been wired, was made by Mrs. Lottie Viers, widowed mother of Lola Viers. Mrs. Viers took to the morgue in Ironton a piece of the girl’s frock, which perfectly matched the dress found on the body.
June 8, 1917. Sandusky OH Star Journal.
MURDER WARRANT FILED BY MOTHER
Prestonsburg, Ky., June 8.—A warrant charging John Coyer with first degree murder was sworn out today by Mrs. Lottie Viers, who returned last night from Ironton. O., where she identified the body of a girl found Tuesday in the Ohio river as that of her daughter Lulu, 19.
The warrant was sworn out on advice of Walter Hartins [sic], Mrs. Viers’ attorney. Coyer is in Louisville, Ky. Authorities have wired to have him held.
Mrs. Viers’ return from Ironton ended a long search for her daughter. The girl disappeared December 9 in company with a man who said he would take her to Elkhorn to marry her, Mrs. Viers told the authorities.
Identification of the body was made when Mrs. Viers recognized the clothes she had made for her daughter. After identifying the girl, Mrs. Viers fell to the floor and cried aloud for vengeance on the slayer. The girl’s body will reach Prestonsburg today for burial.
Coyer Is Held.
Louisville, Ky., June 8.—John Coyer, member of Company C, First Kentucky regiment, was placed in the guard house today when officials had been notified that a warrant had been issued for him in the murder of Lulu Viers, whose body was Tuesday night in the Ohio river, at Ironton, Ohio.
June 8, 1917. Lima OH News
WARRANT SWORN OUT FOR COYER, BODY IDENTIFIED
Prestonsburg, Ky., June 8.—A warrant charging Frank Coyer with first degree murder was sworn out by Mrs. Lottie Viers, who returned last night from Ironton, Ohio, where she identified the body of a girl found Tuesday in the Ohio river as that of her daughter, Lulu, 19. [same as June 8, 1917 Sandusky OH Star Journal]
June 8, 1917. Harrisburg PA Evening News.
Hold a Guardsman for Suspected Murder of Girl
Louisville, Ky., June 8.—A man said to be John Coyer, is today held in the guard house of the First Kentucky Regiment, of which he is a member, while officers from prestonsburg, Ky., are on their way here with a warrant charging him with the murder of Lulu Viers, 19, whose body, weighted down with irons, was found in the Ohio river at Ironton, O., Tuesday night. The girl’s mother late yesterday identified the body as that of her daughter, who disappeared last december, and today swore out a warrant for Coyer, with whom she was last seen.
June 9, 1917. Coshocton OH Morning Tribune.
Mystery of River Murder Is Solved
Ironton, O., June 7.—A warrant for the arrest of Frank Coyer, Louisville, Ky., was issued this afternoon. He is wanted for the alleged murder of Miss Lou Viers, whose body was found Tuesday in the Ohio river near here.
The body was positively identified by Mrs. Lottie Viers of Prestonsburg, Ky., as that of her daughter. Coyer is a national guardsman. He is alleged to be the father of Miss Viers’ child.
Miss Viers’ body was found by rivermen while moving a sand barge.
A piece of iron from a railroad block signal was wired to the body, establishing the murder theory.
On the inside of a shoe Miss Viers wore was found the stamp of the Murphy Shoe Co., Columbus.
June 11, 1917. Lima OH News.
CHARGED WITH MURDER.
Louisville, Ky., June 11.—John Coyer, 22, charged with the death of Miss Lulu Viers, 19, of Prestonsburg, Ky., whose body was found in the Ohio river at ironton, Ohio, last week, was taken to Prestonsburg today to await trial.
June 12, 1917. Mansfield OH News.
WOMAN ARRESTED
In Connection With The Supposed Murder of a Girl.
Portsmouth, June 12.—Miss Hazel McKenzie was arrested by Sheriff Mullins of Pikeville, Ky., today, charged with complicity in the death of pretty nineteen-year-old Lula Viers, of Floyd county, Ky. The Viers girl’s body was found weighted down with an iron chain a week ago in the Ohio river at Ironton. Police believe she was murdered. John Coyer, 22, member of Company C, First Kentucky regiment is in jail at Lexington, charged with the murder of the girl. Sheriff Mullins said Coyer and the McKenzie woman were friends. He said Coyer had been indicted by the Floyd county grand jury on a charge preferred [proferred?] by the Viers girl and that a few days before the case was to be heard at Pikeville, Coyer, Miss Viers and another woman disappeared. The McKenzie woman refused to discuss the charge. She was taken to Pikeville for preliminary hearing. When the Viers girl left with Coyer, her mother was told the pair were to be married. Mrs. Viers charges that a few days later Coyer returned and said the girl never would be seen again.
June 12, 1917. Newark OH Advocate.
[Associated Press Telegram] Portsmouth, O., June 12.—Miss Hazel McKenzie was arrested here today by Sheriff Mullins of Pikeville, Ky., today, charged with complicity in the murder of 19-year-old Lotta Viers, of Floyd county, Kentucky whose body was found weighed down with an iron chain in the Ohio river at Ironton last Tuesday.
John Coyer, 22, member of Company C, First Kentucky Infantry is in jail in Lexington, charged with the murder of the girl, according to Sheriff Mullins, who said the boy and Miss McKenzie are warm friends. The sheriff says Coyer was indicted by the Floyd county grand jury on a delicate charge preferred [proferred?] by the Viers girl and a few days before the case was to be heard, Coyer, Miss McKenzie and Miss Viers disappeared.
Miss McKenzie refused to make a statement when she was taken to Pikeville for a preliminary hearing.
June 12, 1917. Lima OH News.
CIRCUMSTANCES ARE MADE MORE COMPLEX
Portsmouth, O., June 12.—Circumstances in the death of Lulu Viers, 19, of Prestonsburg, Ky., whose body was found last week in the Ohio rRiver at Ironton, Ohio, were more complete [complex] Tuesday, following the arrest Monday night of Hazel McKenzie, also of Prestonsburg.
Lulu Viers was scheduled to appear in court against John Coyer on charges brought by her parents. Authorities charge Miss McKenzie with conspiring with Coyer to keep the girl from court so she could not testify against him. Coyer was arrested in Louisville on a charge of murder.
June 14, 1917. Hopkinsville KY Kentuckian.
SOLDIER TO FACE MURDER CHARGE
Sheriff in Louisville With Warrant for Coyer, Accused By Mother of Girl.
Louisville, June 13.—Bringing with him a warrant for the arrest of John Coyer, 22, member of C. Company of the First Kentucky Infantry, charging the soldier with the murder of Lula Viers, 19, Sheriff O. H. Stumba, of Floyd county, arrived in Louisville Saturday night and returned with Coyer.
The body of Lula Viers was discovered in the Ohio river at Ironton late Tuesday night. Mrs. Lottie Viers, the girl’s mother, of Prestonsburg, hurried to Ironton and identified the body. She immediately went before the authorities and made charges against Coyer.
The body was held down with an eighteen pound weight.
Coyer is a resident of Auxier, Ky., and there is still a charge against him in the Prestonsburg courts of seduction. Mrs. Viers told the Ironton officers that her daughter was the mother of a child at the age of 16.
She alleges that several weeks ago Coyer and her daughter left Prestonsburg together and that Coyer returned alone, telling her she “would never see Lula again.”again.”
June 15, 1917. Louisa KY Big Sandy News.
PRESTONSBURG GIRL WAS MURDER VICTIM
BODY FOUND IN OHIO RIVER IDENTIFIED BY MOTHER OF GIRL.
Ironton, June 7.—The body of the girl found near Hanging Rock is that of Lula Viers, of Auxier, near Prestonsburg, Ky. The clothing was identified by her mother, Mrs. Lottie Viers, widow of Morgan Viers. She and Lottie Frazier, niece of Mrs. Viers, came to Ironton to-day and brought samples of blue cloth with which Mrs. Viers had made a dress for her daughter before her disappearance. They were also accompanied here by Chief of Police James Sizemore, of Prestonsburg.
The mother said that her daughter would have been nineteen years of age on next February 28th, that she kept company with John Coyer, aged 22, who was employed in the mountains in Kentucky as a coal miner; when Miss Viers was 16 years of age she gave birth to a child and fixed the paternity charge on Coyer. He refused to right the wrong he was alleged to have done her and the case was carried to the court where it has been in progress of litigation for the past two and one-half years.
On December 9th, last, Coyer, it is said, called at the girl's home and induced her to acccompany him to a point up the Big Sandy river, claiming that they were going to Elkhorn City to be married. December 9th was on Saturday.on the following Wednesday Coyer returned and, the mother says, visited the home of the girl whom he had lured away. Her mother says she asked him where her daughter was and he said he did not know.
Coyer enlisted in Company C, of a Kentucky infantry regiment, now located at Louisville, Ky.
On last August, prior to the disappearance of the girl, her father, Morgan Viers, died in a hospital at Ironton, death being due to poison said to have been given him in a bottle of liquor.
The shoes worn by the dead girl were purchased from William Powers, of Auxier, Ky.
Coyer was arrested at Louisville and is in jail at Catlettsburg. He will be tried in Greenup Circuit Court.
Another arrest in the case.
Portsmouth, Ohio, June 12.—Miss Hazel McKenzie was arrested here to-day by Sheriff Mullins, of Pikeville, Ky., charged with compicity in the murder of 18-year old Lula Viers, of Floyd Co., Ky., whose body was found, weighted down with an iron chain, in the Ohio river at Ironton last Tuesday.
According to Sheriff Mullins, Coyer and Miss McKenzie are warm friends. The sheriff says Coyer was indicted by the Floyd County Grand Jury on a charge preferred by the Viers girl and that a few days before the case was to be heard Coyer, Miss McKenzie and Miss Viers disappeared.
Miss McKenzie refused to make a statement when she was taken to Prestonsburg for a preliminary hearing.
June 15, 1917. Louisa KY Big Sandy News.
COYER FACES MURDER CHARGE AT PRESTONSBURG.
John Coyer, 22 years old, private in Company C, First Kentucky Regiment, was turned over to Sheriff O. H. Stumbo, and his deputy, W. P. James, [of Floyd] county, at the State Fair camp, Louisville, Monday, and was taken to Prestonsburg, where he was wanted on a charge of murder.
Mrs. Lottie Viers, of Prestonsburg, took out a warrant against Coyer, alleging he killed her daughter, Lula Viers, 19 years old. The girl’s body was found in the Ohio river at Ironton, O., last week. She had disappeared December 9. Mrs. Viers claims that Coyer took her daughter away from home. She charges he is the father of a child born to the girl three years ago. Coyer enlisted in the First Regiment in April.
June 28, 1917. Lima OH News.
MURDERED GIRL’S MOTHER STRIKES ALLEGED SLAYER
Prestonsburg, Ky., June 28.—John Coyer, charged with killing Lulu Viers, whose body was recently found in the Ohio River at Ironton, Ohio, was bound over to the grand jury today, under $10,000 bond, which he could not give.
During the hearing, Mrs. Charlotte Viers, mother of the dead girl, struck Coyer with a club. He fled from the court room and did not halt until officers pursued with guns.
June 29, 1917. Louisa KY Big Sandy News.
TAKEN TO PRESTONSBURG.
John Coyer, alleged slayer of Miss Lula Viers, was taken to Prestonsburg by Sheriff Stumbo and Chief of Police Sizemore of Catlettsburg.
Coyer was much alarmed and appeared to be very apprehensive. Feeling against him is said to be running high. Hazel McKenzie, who was arrested as his accomplice, had her examining trial Saturday and was held to the grand jury in the sum of $1,500 at the next term of Boyd county court.
June 30, 1917. Pittsburgh PA Daily Post.
Mother Clubs Girl’s Alleged Murderer
Prestonsburg, Ky., June 19.—John Coyer, a soldier of the First kentucky Infantry and member of a prominent family, today was put on trial for the murder of Lula Viers, whose body was found a month ago in the Ohio river with a large rock attached to the neck. During Coyer’s trial today, taken up in selecting a jury, Mrs. Charlotte Viers, mother of the dead girl attacked him in the court room with a club. Coyer broke from his guard and rushed out, followed by Mrs. Viers and by armed deputy sheriffs. He was overtaken. Mrs. Viers has charged Coyer with being the father of Lula Viers’ child.
Mystery also surrounds the death of the girl’s father, who died from poisoning several months ago.
July 11, 1917. Hartford KY Herald.
GUARD RUN OUT OF COURT BY WOMAN
Coyer, On Trial for Murder, Run Out of Court by Dead Girl’s Mother.
Ashland, Ky., June 29.—Attacked by the mother of the young woman he is charged with slaying, Private John Coyer, Company C, Second Regiment, this morning was driven from the court room in Prestonsburg.
As he was struck with a club wielded by Mrs. Charlotte Viers, Coyer dashed past the guards, dodged through the crowd that packed the audience chamber and fled from the building, closely pursued by county officers. He was overtaken while fleeing down the street.
Coyer was arrested in Louisville, where he was in camp at the State Fair grounds with his company. His arrest followed the finding of the body of Miss Lulu Viers in the Ohio river near Ironton, O., several weeks ago.
December 7, 1917. Louisa KY Big Sandy News.
COYER CASE BEING TRIED IN FLOYD CIRCUIT COURT
The trial of John Coyer began Monday at Prestonsburg. He is charged with the murder of Miss Lula Viers whose body was found at Ironton. Coyer has been in jail for several months. The state recently appropriated $300 to help finance the prosecution and not as a reward for is capture as he had not escaped from jail.
February 8, 1918. Louisa KY Big Sandy News.
Court Convenes.
The Floyd Circuit Court convened here Monday with the Hon. Judge A. T. Patrick on the bench and on account of high water the usual large crowd was not in town. The case of Coyer for the murder of Lula Viers was set for Friday.
May Go To Hospital
Mrs. W. S. Harkins, who has been seriously ill for the past ten days, will go to a hospital some time as soon as her condition will permit traveling.
February 22, 1918. Louisa KY Big Sandy News.
COYER TRIAL TO BE HELD AT PIKEVILLE
John Coyer, charged with killing Loula Viers, will probably be tried at Pikeville as it now seems to be established that the crime was committed in Pike co., and not in Floyd.
February 22, 1918. Cincinnati OH Enquirer.
MAN AND WOMAN INDICTED.
Special Dispatch to the Enquirer.
Pikeville, Ky., February 21.—Indictments were returned today in the Circuit Court against John Coyer, as principal, and Hazel McKenzie, as accessory in the alleged murder of fifteen-year-old Lula Viers, after the prisoners had been transferred here from Floyd County. The body was found in the Ohio River, near Ironton, with weights attached to it.
May 10, 1918. Louisa KY Big Sandy News.
COYER HEARING WEDNESDAY
The hearing of John Coyer, charged with the murder of Lula Viers, whose body was found in the Ohio river near Ironton, began Wednesday morning at Pikeville. His hearing will be followed by that of Miss McKenzie who is charged with being an accessory to the crime.
May 17, 1918. Louisa KY Big Sandy News.
COYER CASE TO BE HEARD BY THE FEDERAL COURT.
Judge A. M. J. Cochran, of the Federal Court, which will sit in Catlettsburg in May, has set the hearing of the John Coyer case which has been appealed to this court, for May 29. The case was appealed by the military officials as Coyer was a member of the 38th Field Artillery located in Louisville at the time he was arrested for the murder of Miss Lula Viers, of Prestonsburg, whose body was found in the Ohio river near Ironton.
An indictment was returned against Coyer by a grand jury in Floyd county, and after a number of continuances in the circuit court at Prestonsburg, the charge against him was dismissed upon motion of the Commonwealth attorney, who said the court did not have jurisdiction. Last January Coyer was arrested on the same charge by Pike county authorities immediately after his release from the Floyd county jail and since has been in custody there.
In the application for the writ the army officers say that after his release by Floyd county authorities the Pike county authorities should have caused his arrest through the commander of Coyer’s company, which procedure is required under wartime regulations.
May 31, 1918. Louisa KY Big Sandy News.
Mr. and Mrs. Powers Arrive From Texas.
Mr. and Mrs. Will H. Powers, of Houston, Texas, arrived Tuesday evening for a few days’ visit with Mr. and Mrs. Wm. Dingus. They were called to appear at Pikeville this week as witnesses in the Coyer case, Mrs. Powers having sold Miss Viars [sic] the shoes she had on when her body was recovered from the Ohio river. Mrs. Dingus will probably accompany Mr. and Mrs. Powers home.
June 7, 1918. Louisa KY Big Sandy News.
John Coyer Freed.
Private John Coyer, of Auxier, who has been in prison here and also at Pikeville since May 1917 was tried at Catlettsburg last week in Federal Court and released for the accused murder of Lula Viars on Dec. 9, 1916. Immediately after the trial Coyer left for a few days’ visit to his parents at Auxier prior to leaving for Camp Taylor, where he was stationed when arrested on the murder charge.
January 23, 1919. New Castle PA News.
Sentence Executed On Field Of Battle
Huntington, W. Va., Jan. 23.—Death in the Argonne Forest while facing the enemy guns settled the account of John Coyer, aged 22, who was indicted in the Circuit Court of Pike County, Ky., for the alleged murder of Lulu Viers, his sweetheart. The girl’s body was found in the Ohio River near Ironton, Ohio. Coyer was a member of the old Second Kentucky Regiment and was arrested at Camp Zachary Taylor. The matter was referred to the Federal court. Coyer was sent overseas and was killed.
January 24, 1919. Louisa KY Big Sandy News.
COYER REPORTED DEAD RETURNS FROM FRANCE
The Louisville Post says:
John Coyer, indicted for the murder of a young woman in Pike county who was reported to have been killed in the fighting in the Argonne Forest, is alive and was recently at Camp Taylor, according to Sergt. Marshall M. Huff, traffic sergeant of the Louisville Police Department.
Sergt. Huff read the statement in the newspapers that Coyer had been reported killed when the case was called in the Federal Court at [Covington].
Coyer was arrested about a year ago after the body of a young woman was found in the Ohio river. He was a soldier and was turned over to the Federal authorities at the instance of the War Department, and an indictment returned against him in the Federal Court. He was permitted to remain in the army, however, and when the case was called last week he was reported dead.
Sergt. Huff in discussing the case, said he had known Coyer well and has seen and talked with him at Camp Taylor a short time after the 138th Regiment returned. He had served in the same [State company]…
[remainder of story obliterated]
January 28, 1919. Scranton PA Republican.
Sentence Executed On Field Of Battle
Huntington, W. Va., Jan. 27.—Death in the Argonne Forest while facing the enemy guns settled the account of John Coyer, aged 22, who was indicted in the Circuit Court of Pike county, Ky., for the alleged murder of Lulu Viers, his sweetheart. The girl’s body was found in the Ohio River near Ironton, Ohio. Coyer was a member of the old Second Kentucky Regiment and was arrested at Camp Zachary Taylor. The matter was referred to the Federal court. Coyer was sent overseas and was killed.
March 13, 1919. Harrisburg PA Evening News.
Alleged Murderer Is Killed Fighting Huns
Pikeville, Ky., March 13.—John Coyer, 22, charged with the murder of Lulu Viers, whose body was found over a year ago in a river near here, will never be tried. Coyer made the supreme sacrifice faighting in the Argonne Forest a few days before the armistice was signed.
Before he was arrested, charged with murdering his sweetheart, Coyer had enlisted in the Army. When arrested he begged to be permitted to go to France. He promised faithfully to return when the war was over and stand trial on the murder charge.
January 28, 1922. Portsmouth OH Daily Times.
Soldiers To Testify; Hearing Deferred
There were few offenders caught by the police over Sunday and the holiday and as a consequence Judge Sprague met with but a small docket in Municipal court Tuesday afternoon.
Police Prosecutor S. A. Skelton, who recently joined the ranks of the benedicts, just returned from his honeymoon, was back on the job today representing the city.
Katie Slatzer, charged with intoxication, denied guilt and at the request of her attorney, A. O. Woodrow the hearing was continued until Friday in order to bring Sergeants Edward McGarry and William Newsom here from Camp Sherman to testify in the case. McGarry and Newsom and a woman named Goldie Hudson became involved in a row at Thirteenth and Union Streets late Sunday night[.] [W]hen Officer Stanley Schroeder responded to a hurry call to settle the trouble he was hit by one of the soldiers. He is sporting a badly split lip as a result of the blow. The two soldiers and the Hudson woman are charged with disorderly conduct.
Goldie Hudson was a sister of John Coyer. —SG
February 10, 1922. Louisa KY Big Sandy News.
Reward Renewed for John Coyer, of Pike
Frankfort, Ky., Feb. 4.—A reward of $150 for the arrest and conviction of John Coyer, wanted in Pike county on the charge of murdering Lula Viers of Auxier, five years ago, was offered by Gov. Edwin P. Morrow on request of C. P. Stephens, Commonwealth’s Attorney.
Coyer was arrested in Louisville soon after the body of the girl, who had made charges against Coyer, had been found in the Ohio river near Ironton, Ohio.
At the time Coyer was in the army and Federal officials refused to recognize the claim of the civil courts. Coyer served in France. He returned to the United States, was discharged and disappeared.
February 18, 1922. Portsmouth OH Daily Times.
Claim Goldie Is Missing.
According to authenticated reports which reached the prosecutor’s office Saturday, Goldie Hudson, dashing North End damsel, has disposed of her home on Union street, where it is claimed she has conducted a resort for several months, and left for parts unknown.
Goldie is under indictment for alleged keeping a house of ill-fame and the case was scheduled to come to trial in Common Pleas court next week, and the prospect of meeting the strong arm of the law is thought to have been the moving spirit in causing the accused to shake the dust of Portsmouth from her feet.
February 28, 1922. Portsmouth OH Daily Times.
Local News
Coroner Virgil Fowler this morning partially heard the evidence in the inquest in the shooting and death of Thomas Cole, 21, who died Monday as the result of a bullet lodging in his brain, which he claims was accidental.
This morning, Goldie Hudson, Hazel McKenzie and John Davis gave testimony. The Hudson woman, who fired the shot and insists the shooting was accidental, was backed up in her story by the other two persons who were at her home at the time.
The testimony, was given Wednesday morning in the office of Coroner Virgil Fowler, who will complete the inquest by visiting the scene of the shooting and obatining reports from physicians who attended Cole, and Prosecuting Attorney S. A. Skelton to whom he gave a statement before he died. It will be several days before the inquest is completed.
March 24, 1922. Louisa KY Big Sandy News.
Dying Man Confesses to Viars Murder.
Word comes from Whitesburg that in the alleged death-bed confession of John Coyer, former soldier, at Beaver creek, north of that place, the mysterious death of Miss Lula Viars three years ago has been cleared up. Miss Viars disappeared and a year later her body was found in the Ohio river. Just before Coyer died he confessed to friends that he murdered Miss Viars because she loved another. He stated that he struck her in the head with a hammer. To hide the crime he placed the body in a dry goods box and shipped it to Ashland. At Ashland he carried the body to the river. —Hazard Herald.
March 10, 1923. Portsmouth OH Daily Times.
GOLDIE HUDSON ARRESTED; IS HELD ON MANSLAUGHTER CHARGE
On an affidavit signed by Chief of Police Joseph Distel, charging that she “did unlawfully kill one Tom Cole,” police last night about ten o’clock took into custody Goldie Hudson at her house, 1113 Thirteenth Street.
The Hudson woman, 28 years old, is well known in the North End, and she has been very much in the lime-light since Tom Cole, 21, was shot in the head at her home on the night of February 22, and died in Mercy hospital several days later.
With Horace L. Small as her attorney, she appeared in Municipal court Saturday morning and entered a plea of “not guilty,” waived examination and asked several days be given in which to obtain witnesses. Wednesday afternoon, March 14, at one o’clock, was the time set for the preliminary hearing, when witnesses for the state and the defense will be heard. Her bond was fixed at $2,000 which she had been unable to raise up to 3 o’clock this afternoon.
After hearing evidence in the case it is expected that the Hudson woman will be held to await grand jury action. She maintains the shooting was accidental and according to officials, Cole, in a statement to Prosecuting Attorney S. A. Skelton, absolved the woman from all blame by insisting the shooting was accidental.
Police at the time of the shooting arrested the gun user but when Cole declared it was accidental and no evidence could be found, police claim, upon which to base a charge the woman was released.
Chief Distel today in speaking of the arrest last night explained that the police did not have anything on which to hold her at the time of the shooting but since her release here every movement had been watched by the police and that now they claim they have obtained some evidence on which they hope to make a case against her.
March 14, 1923. Portsmouth OH Daily Times.
Goldie Hudson Held To Grand Jury
When Goldie Hudson, 28 years old, charged with manslaughter in connection with the alleged unlawful killing of her sweetheart, Thomas Cole, appeared in Municipal court Wednesday for preliminary hearing, she pleaded not guilty and waiving examination on the advice of her counsel, Horace L. Small, the accused was bound over to the grand jury under $2,000 bond which was signed by Joseph G. Steagal as surety.
The defendant was in court but a short time as the proceedings lasted but a few minutes and she left after the bond had been fixed and signed.
The alleged crime was committed at the woman’s home 1113 Thirteenth street early on the morning of February 22 last, when a bullet fired from a revolver in the hands of the defendant lodged in Cole’s brain and which caused his death three days later. The woman claimed that the wounding of Cole was accidental and in statements to the officers before he died the victim supported her story in every detail, declaring that the shooting was wholly accidental and exonerated her from all blame. The woman’s version of the tragedy is that she pointed the gun as she jokingly remarked she would make a canary bird sing and pulling the trigger, the weapon was discharged and Cole being in range of the bullet the leaden missile struck him in the head, inflicting the fatal wound. She asserts that she did not know the gun was loaded.
March 26, 1923. Portsmouth OH Daily Times.
Judge Thomas On the Bench
Judge James S. Thomas, who arrived home Saturday night from Cleveland, where he held court for four weeks, presided over a short session of court Monday. He will hear a number of court cases during the week and next week, starting Monday, he will preside over the trial of several cases which have been assigned for hearing before the petit jury.
It is quite likely that Judge Thomas will convene a grand jury on the opening of the April next term of court about the middle of April. There are a number of cases on the criminal docket for investigation, the most important of which are two homicides, one of which occurred on February 22, when Goldie Hudson shot and killed her sweetheart, Thomas Cole, in her home on 13th street, and the Otway tragedy on March 10, when Verna McCall, young school teacher, shot and killed Otto E. Blackburn during a desperate encounter in McCall’s house.
April 7, 1923. Portsmouth OH Daily Times.
Goldie Hudson In Wreck; Faces Charge Of Driving While Intoxicated
Goldie Hudson, well known North End damsel, arrested last night by county officers for driving an automobile while intoxicated, and later released on bond, was unable to appear for trial Saturday morning and after a physician’s certificate had been produced stating that the accused was unable to come into court, Squire George S. Morgan continued the case and set the hearing for next Tuesday.
The arrest of the woman came as the result of an investigation of an automobile accident which occurred about five o’clock yesterday afternoon when the machine she was driving plunged off the towpath road, near the Rushtown Baptist church, and crashed into a ditch, turning over. The Hudson woman was slightly hurt about the head but her two companions, giving the names of Hazel McKenzie and Russell Heid were unhurt. The machine was considerably damaged and it was towed to the city by garage men.
The Hudson woman came into the limelight a few weeks ago by a tragedy which occurred at her home, 1113 Thirteenth street when she shot her sweetheart, Thomas Cole, in the head, inflicting a wound which caused his death.She is now under bond pending grand jury action on a charge of manslaughter.
April 9, 1923. Portsmouth OH Daily Times.
GOLDIE HUDSON HEARING TUESDAY
Goldie Hudson, who was arrested on a charge of driving a car while intoxicated, following an accident in which the automobile she was driving plunged off the towpath road and into a ditch near Rushtown last Friday, will be required to appear in Squire George Morgan’s court Tuesday morning to answer to the complaint.
April 10, 1923. Portsmouth OH Daily Times.
Goldie Hudson Fined $25 And Costs
In order to escape the notoriety of a public hearing, Goldie Hudson, well known North End damsel, arrested last Friday for driving her automobile while intoxicated and later released on bond for her appearance in court Tuesday morning to meet the charge, appeared before Squire George S. Morgan Monday night several hours ahead of [the] scheduled time and pleaded guilty to the complaint. The magistrate passed her a fine of $25 and costs, which she promptly paid.
The complaint grew out of an accident which occurred last Friday afternoon when the auto the Hudson woman was driving plunged off the towpath road and went into a ditch near the Baptist church at Rushtown. She was slightly hurt in the mishap, but her two companions, Russell Heid and Hazel McKenzie, escaped unhurt.
The Hudson woman came into prominence on February 22 last, when she fired a shot from a pistol, wounding her sweetheart, Thomas Cole, in the head, and which caused his death a couple of days later. The shooting occurred in her home on Thirteenth street. She is under bond pending grand jury action on a manslaughter charge in connection with Cole’s death.
April 16, 1923. Portsmouth OH Daily Times.
Court House
Grand Jury Convenes Thursday
The grand jury for the April term will be convened by Judge Thomas at eight o’clock Thursday morning and the session promises to be a busy one as there are already a score of cases on the criminal docket for investigation in addition to special matters which may be probed.
Seventy-five witnesses have already been [subpoenaed] to appear to give testimony in cases to be investigated with the prospect that many others will be called before the inquiry is concluded.
The most important cases to be investigated are those of Goldie Hudson, charged with the [unlawful] killing of her sweeteheart, Thomas Cole, and Verna McCall, young school teacher, who shot and killed Otto E. Blackburn, prominent Rarden merchant, which occurred during a fight between the men in McCall’s home in Otway on the night of March 10 last. Cole was shot in the head by a bullet fired from a pistol in the hands of the Hudson woman, the shooting occurring at the woman’s house, 1113 Thirteenth street early on the morning of February 23, and the young man died two days later from the effects of the wound.
[rest of story not copied….]
April 23, 1923. Portsmouth OH Daily Times.
Court House
Prisoners Arraigned; Many Deny Guilt
There was a general arraignment in Common Pleas court Monday of persons indicted by the recent grand jury and of the fourteen men and women who appeared before Judge Thomas only two pleaded guilty while the others denied guilt of the charges brought against them and will stand trial.
Goldie Hudson, well known North End woman, charged with manslaughter in connection with the alleged unlawful killing of Thomas Cole on February 23 last, pleaded not guilty and she was released on bond pending trial. The accused will be defended by Attorney H. L. Small.
[rest of story not copied….]
May 17, 1923. Portsmouth OH Daily Times.
Goldie Hudson Trial June 6.
Goldie Hudson, well known Noth End woman, indicted for manslaughter in connection with the alleged unlawful killing of her lover, Thomas Cole last February, will be brought before Judge Thomas and a jury in Common Pleas court on Wednesday, June 6. This was determined today when the case was assigned for trial at the instance of Prosecutor S. A. Skelton, who announced that other cases on the criminal docket will be heard the same week.
Judge Thomas, who is in Cleveland holding court, is expected to return home on May 26, and he will preside over some jury trials in the local court the following week, if present plans to assign several cases, do not miscarry.
Attorney Horace L. Small will defend the Hudson woman, who admits wounding Cole but claims that the firing of the shot which proved fatal was wholly accidental. Cole exonerated the woman from all blame in statements to the officers before he died.
June 5, 1923. Portsmouth OH Daily Times.
Hudson Trial Wednesday
Goldie Hudson, well known North End woman, will be put on trial before Judge Thomas and a jury in Common Pleas court Wednesday morning on an indictment charging manslaughter in connection with the alleged unlawful killing of her lover, Thomas Cole, Findlay street young man, who died as the result of a wound in his head inflicted by a shot fired from a revolver in the hands of the defendant.
The fatal shooting occurred in the Hudson woman’s home, 1113 Thirteenth street, early on the morning of February 23, and the defense is expected to rely on the claim that the shooting was wholly and entirely accidental. The defendant will be represented by Attorney Horace L. Small and Prosecutor Skelton will handle the case for the state.
June 6, 1923. Portsmouth OH Daily Times.
GOLDIE HUDSON IS PLACED ON TRIAL
At 2:30 this afternoon, after Chief Distel and Coroner Fowler were called for the state in rebuttal the evidence was concluded. This was followed by Prosecuting Attorney Skelton’s argument. He will be followed by Attorneys Small and Kimble for the defense and the jury will receive the case late this afternoon.
Good progress was made Wednesday in the hearing of Goldie Hudson, well known North End woman, brought to trial in common pleas court this morning on an indictment charging her with manslaughter for the alleged unlawful killing of her lover, Thomas Cole, last February.
But little trouble was experienced in the selection of the jury, but two peremptory challenges being exercised both by the defense, and the panel finally accepted by both sides to hear the case is composed of these women and men: Cora E. Kennedy, Charlotte Bannon, J. F. Crabtree, Dennis Jewett, W. C. Dutiel, Roy Carmichael, Fred Gahler, Clyde Brant, G. W. Means, J. E. Darragh, Ord Thompson and Henry Emmet.
Mr. and Mrs. Charles Cole, 1120 Findlay street, parents if the decedent, were present and sat at the prosecutor’s table during the trial while the accused, who is rather comely, sat at the side of her counsel, Attorneys Horace L. Small and B. F. Kimble. She appeared in court attired in a chic black dress trimmed in red and she wore a large black beaded hat.
Opening Statement
Prosecutor S. A. Skelton in his opening statement to the jury claimed that the state expected to show that the defendant pointed a revolver at Cole and fired a shot which caused his death.
Attorney Small contended that the defense would show that Cole and the defendant were more than intimate friends—that they were lovers and that they spent much of their time together and that they with others had enjoyed several hours before the unfortunate shooting at the home of the Hudson woman at music and dancing. He further contended that the evidence would show that the defendant in a spirit of fun, at the suggestion of Cole, picked up the revolver and pointed it in the direction of a canary bird in a cage, and without any knowledge that the weapon was loaded, pulled the trigger just as Cole, who was bending over, raised up his head directly in range of the bullet when the gun was discharged, inflicting the wound which caused his death. The attorney also claimed that the testimony would show conclusively that the fatal shot was not fired intentionally but that it was wholly and purely accidental and over the objection of the state Attorney Small was permitted to state that the decedent’s first words to those who [reached] his side after he was shot were, “She’s not to blame—I raised my head as she snapped the gun at the bird.”
Evidence Brief
The evidence adduced by the state was rather brief. Dr. Oscar Micklethwait, who attended Cole, described the wound which caused death and Capt. Lee Startzman and Chief Jas. S. Distel testified as to the statements made to them by the accused in reference to the shooting and as to how it occurred. Both said she claimed the shooting was accidental. Startzman identified the weapon used and admitted as an exhibit. He was the arresting officer, arriving at the house a few minutes following the shooting and he said the gun contained but one empty shell when it was turned over to him but that two loaded shells were found on the floor. The witness said the defendant was under the influence of liquor at the time. He also described objects of furniture in the room where the shooting occurred and of measurements of distances about the scene.
State Rests
At this juncture the state rested its case and the defense promptly moved to take the case from the jury and direct a verdict on the ground that the state had failed to establish that the killing of Cole was intentional or that the defendant was at the time committing an unlawful act. It was contended that the state’s own evidence showed that the shooting was purely accidental but the motion was overruled by Judge Thomas and the hearing was resumed, the defense having its inning which was featured by the defendant taking the stand in her own behalf.
After answering a number of preliminary questions she told in detail the events which occurred on the night of the fatal shooting. Mrs. Hudson stated that she was 28 years old and said that she and Cole had been lovers for more than a year and that he spent a great deal of his time in her home at 1113 Thirteenth street. She declared that on the night in question she and Cole together with her sister, Opal Coyer, 16 years old, Hazel McKenzie and John “Bull” Davis had enjoyed a music and dancing party in her home, having a general good time and making merry until a late hour. She denied having partaken of any liquor or that the others in the party were drinking. Continuing the witness said, “Tom got the revolver to show to a taxi driver who had brought some sandwiches, taking out the shells and laying them on the washstand. After the taxi driver left Tom laid the gun on the washstand and was sitting on the foot of the bed on which I was lying when the canary bird started singing and he suggested that I kill the bird because it did not sing only at night. At the time Tom was leaning over smoking a cigarette and as he finished his remark I grabbed the gun and in fun pointed it in the direction of the bird and pulled the trigger. The gun only snapped and Tom smiled as he said, “go to it—there’s nothing in it,” and I pulled the trigger again with the result as the weapon was discharged Tom raised his head directly into the path of the bullet and he fell to the floor wounded. “I was positive the gun had no shells in it and I did not even intend to shoot the bird or expect the gun to be discharged,” the witness declared.
Mrs. Hudson then told of running towards the middle room screaming and throwing and throwing the smoking weapon to the floor where it was later found. She said that Tom stated to others when they reached his side, “It was not her fault—I raised up as she pointed the gun towards the bird.”
Denies They Had Quarrel
The witness on the cross examination denied admitting after her arrest that she had been drinking and she flatly denied that she and Cole had quarreled.
Opal Coyer, sister of the accused, who claimed to be an eyewitness to the shooting and John “Bull” Davis and Hazel Mckenzie, who were in another room, on being called to the stand corroborated the story told by the defendant. They all denied that there was any drinking of liquor by any of those at the party and that there was no evidence of any quarrel or trouble of any kind between Cole and Mrs. Hudson. They further testified to hearing Cole exclaim after he was wounded that “it was not her fault—the shot was fired as I raised my head.”
The defendant was on the witness stand when court adjourned for the noon recess and she resumed her testimony when court convened at one o’clock.
June 7, 1923. Portsmouth OH Daily Times.
Goldie Hudson Acquitted
Goldie Hudson, well known North End woman, brought before Judge Thomas on a charge of manslaughter in connection with the alleged unlawful death of her lover, Thomas Cole, was freed by a Common Pleas court jury yesterday. The verdict of acquittal came at the end of a hearing which lasted throughout the day, the jury turning its verdict into court shortly before six o’clock after deliberating on the case a little more than an hour. Mrs. Cora E. Kennedy was forewoman of the jury which took several ballots before the verdict exonerating the accused was reached. It is said the first vote was a tie for conviction and acquittal and as the balloting progressed the defendant gained strength and finally the entire panel vote[d] “not guilty.”
The alleged offense for which Mrs. [sic] Hudson was brought to trial occurred in her home at 1113 Thirteenth street early on the morning of February 23 last, when Cole was shot in the head by a bullet fired from a revolver in the hand of the defendant, the wound proving fatal a couple of days later when he died.
The State contended that the accused was engaged in an unlawful act in pointing the weapon in the direction of the decedent and consequently was guilty as charged under the law, but the defense insisted that the shooting was wholly and entirely accidental, that the fatal shot was fired uninentional[ly] and in a spirit of fun when she pointed the gun at a canary bird and that she had not knowledge that the weapon was loaded, having every reason to believe that the shells had been removed. Evidence was adduced by the defense showing that Cole was sitting on the bed bending over and that he raised up his head and came within range of the bullet and that he made statements after he was wounded in which he exonerated the woman, declaring she was not to blame. The jury by its verdict evidently accepted the version of the tragedy as given by the defense.
The accused, who was defended by Attorney Horace L. Small and B. F. Kimble, was all smiles as she left the courtroom with a bevy of friends. Prosecutor Skelton appeared for the State.
July 1, 1925. Portsmouth OH Daily Times.
Four Caught In Raid; Fined
M. C. Damron, 22, and Goldie Hudson, 30, were found to be guilty of possession of liquor unlawfully at a hearing in Municipal court Wednesday and Judge Millar imposed a fine of $250 and costs against each. They were arrested as the result of the finding of two gallons of moonshine in a raid on the home of the Hudson woman at 1113 Thirteenth street, by state liquor officers and police Tuesday afternoon.
J. B. Ramey, 27, and T. A. Johnson, 28, who were also arrested in the raid, were fined $11.20 each for visiting a disorderly house.
March 24, 1927. Portsmouth OH Daily Times.
Invoke Padlock Law To Close Places In Alleged Vice District; Temporary Restraining Order Granted
Invoking the padlock section of the General Code of Ohio, eight separate suits were instituted in Common Pleas court late Wednesday afternoon by Prosecuting Attorney Russell K. McCurdy to close eight alleged houses of prostitution, seven of which are located in the red light district on Eleventh street, and the other on Union street.
Judge James S. Thomas issued a temporary restraining order, preventing anything being removed from the premises of the eight houses, and March 31 was fixed as the date when hearing upon the state’s request for a permanent injunction.
The suits are directed against the tenants and owners of the properties and they were served with the process of the court by Sheriff E. J. Canter and deputies last night. Those named in the suits are:
1028 Washington street, Rose Dean, keeper and Shelton Dean, owner.
1216 Union street, Goldie Hudson, keeper, and Hattie M. Clark, owner.
714 Eleventh street, Blanche Moore, keeper, and Jacob W. Stout, owner.
716 Eleventh street, Eva Slatzer, keeper, and Jacob W. Stout, owner.
720 Eleventh street, Lillian Redden, keeper, and Margaret Huffman, owner.
724 Eleventh street, Francis Van Kirk, keeper, and Max Jacobs and Ella Leah Jacobs, owners.
728 Eleventh street, Kate McDowell, keeper and owner.
Mr. McCurdy acted under section 0212-7 which, in outling the duties of the prosecuting attorney, says: “In the case of the existence of such nuisance (houses of ill fame) as established in a criminal procedure, it shall be the duty of the prosecuting attorney to proceed under this act to enforce the provisions and penalties thereof.”
The entire act, sections 6212-1 to sections 6212-12, provides for the padlocking of places where houses of ill fame, etc., have been conducted, the term of the padlocking to be for one year, and makes other provisions for the posting of bonds, the fixing of a penalty by the court, etc.
In the prayer of his petitions, filed in common pleas court, Mr. McCurdy asks the court:
“Wherefor, the plaintiff herein prays that said premises and the contents therein contained be declared and held to be a nuisance, and that said defendants (naming the defendants) be found guilty of maintaining said nuisance, and that a restraining order be allowed restraining the defendants and all other persons from removing or in any manner interfering with the personal property and contents of said premises until further order of the court, and in the event that said restraining order is posted on the said premises, that the defendants and all other persons be restrained from mutilating or removing said order while the same remains in force. Plaintiff prays further that a temporary injunction be allowed, restraining said defendants and all other persons from continuing and maintaining said nuisance until final hearing of this cause or further order of this court, and that on final hearing of this cause, said injunction be made permanent and perpetual, and that said nuisance be shated [shuttered?], and that said defendants and all other persons be perpetually enjoined from maintaining a nuisance on said premises, and the defendants and all other persons be perpetually enjoined from maintaining such nuisance elsewhere, and that contents of said premises be removed from said premises and sold as upon exceution and for all other proper relief.”
In Force Now
The action is in force now, service having been obtained upon parties in the suit last night. Late yesterday afternoon, Judge James S. Thomas signed restraining orders in each suit, also fixing the date for hearing.
The act under which this action was brought provides for the enjoining of all such places, and in the event the property owner fails to abate the nuisance and to give proper bond to keep it abated, the court may close the premises for all purposes whatsoever for a period of one year, and place a penalty on the tax duplicate against the property.
Sequel to Arrests.
The action in common pleas court Wednesday comes as a sequel to the arrest and conviction of keepers of these houses of ill fame more than a week ago. Early Tuesday morning, March 15, Safety Director Si Straus, Police Chief Harry S. Sheets, and Captain Lee Startzman raided the houses mentioned in yesterday’s action. Other places were also raided, but in the event of these other houses, it has developed, according to Mr. McCurdy’s investigation of title, that the property is now in court, some in receivership matters and some in probate court for the administration of estates. Against such property the prosecutor proceeds through the courts in which the property is now in liquidation, those in charge by appointment of the court being made responsible for the abatement of the nuisance.
When these convictions were obtained in municipal court, the prosecutor, by law, was required to proceed against the property as in this action. Considerable time was required for the looking up the titles to all of the property, and an almost unthinkable amount of clerical work was required, both in the office of the prosecutor and the Clerk of Courts Fred Warner, where Chief Deputy William Thompson and his force of clerks was kept busy until late last night getting out all of the necessary papers.
Serving the Writs
Sheriff Canter and Deputy Gims started serving writs shortly after 9 o’clock last night. The procedure at each place began by tacking of the notice on the door of the house. This was followed by personal service of the tenant. Personal service of the property owner then followed.
Last update: September 13, 2015
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