Wednesday, March 9, 2016

Murder of Dr Dailey1896

AUGUST 12, 1896
P. G. Bradbury and E. Callahan are attending circuit court at Lawrenceville, this week. Mickey, who is under indictment for killing Dr. Dailey, made application for bail yesterday. He is represented by Callahan, Jones & Lowe and Gee & Barnes, while P.G. Bradbury is assisting in the prosecution.

AUGUST 26, 1896
Defendant Admitted to Bail in Bond of $15,000.

The hearing in the case of the People vs Sam Mickey charged with the murder of Dr. J.H. Dailey, at Birds, in June then commenced.

Three witnesses were examined on the part of the State, viz: Dr. Stokes, the coroner; Mrs. J.H. Dailey, and J.S. Benefiel. Dr. Stokes testified there were three wounds upon the person of Dr. Dailey and all in the back; but the evidence of others witnesses showed that one ball entered very near the spinal column, another took effect in the left side near the lower rib, while the other ball took effect at the point of the left shoulder; a fourth shot struck a small medicine case the doctor had in his upper vest pocket and lodged there. Five shots were fired by Mickey, one striking a chair, four hitting the person of Dr. Dailey, the one in the side and the one in the back being fatal.

The evidence of Kate Smiley was to the effect that Mickey had kept company with her for some time and for several months prior to the killing she had worked in the doctor's family, and for some cause Miss Smiley claims that the Doctor had tried to break off the courtship between herself and Mickey, and had said disparaging things of Mickey, which she had reported to Mickey.

On account of this, a bad feeling had grown up, and Mickey had said to Miss Smiley that he would rather kill Dailey than to eat. This statement was communicated to Dr. Dailey by Miss Smiley and Mrs. Dailey, to whom the threat had been made known. Miss Smiley testified that when she told Dr. Dailey this, he remarked that he was prepared and Mickey would not get the snap on him. Mrs. Dailey told Miss Smiley on Friday or Saturday before the killing that it would be best for her to find some other place to work. The girl then left.

Sunday night before the fatal Monday morning Mickey kept company with Miss Smiley until one o'clock in the morning and during the time he was there she told him that she had seen the doctor cleaning and oiling his revolver a few days before and she warned Mickey not to go to Dailey's.

About 6:30 on Monday morning following, Mickey went to the doctor's to attend the withdrawal of some B & L stock, taking his revolver with him. He knocked at the front door and when the doctor went to the door, Mickey advised him of his business. The doctor told him to call at the office and he would go and open it. He closed the door and went to the house as Mrs. Dailey testified, taking his revolver and placing it in his pocket. He went into the office at the back door and passed through and opened the front door and Mickey entered.

Mrs. Dailey, who was secretary of the B & L Association, followed and was present during the settlement which followed. After closing the business Mrs. Dailey asked Mickey to grant her a few moments private talk with him; this he refused, saying that he did not wish to have any talk with her. He then requested her to leave; saying that he wished  to have a private talk with the doctor. She remarked that they both looked too mad to leave alone, but upon being requested by her husband to go, she did so.

From this time until the death of the doctor there is no witness of what happened, except the defendant, who was examined on his own behalf, and testified that after Mrs. Dailey left, the doctor said he could have what he wanted; Mickey said in reply. "You have a gun in your pocket;" "you are a liar." retorted the doctor, " and you're a son of a b---h," said Mickey.

At this reply, Dailey, who was sitting in his chair arose and put his hand in his pocket and began to pull as if to get a revolver. Mickey, who was standing near the front door, pulled his revolver and began to fire; as he continued to shoot he advanced further into the office, and passing behind the doctor until he was directly behind him, when he fired the last shot.

He then left the office, the doctor still holding his hand in his pocket. Mickey did not see the doctor have a revolver, but when he was found by those who hurried in, he had the weapon in his hand. Under the evidence the court admitted Mickey to bail, fixing it at $15,000. A satisfactory bond was given with the following securities: Thos. G. Warner, Thos. C. Taylor, Jos. Mickey, Robert J. Ford, John N. Malcom, Wiley Montgomery, Chas J. Borden.

And the verdict was...Sorry, you will have to wait to read it in the book --Murders in Lawrence County-- to be published sometime next year...and don't even pester the authors to tell you the outcome.   (Although they can be bought for a big enough donation...)