Murderers In The Family- My Coley Line Part 2

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 In the last post we left off with Calvin and Pinkey in Norfolk, Virginia and Sheriff Kearney had sent word to the Norfolk police to have them arrested for the murder of Samuel Tucker. They were arrested on December 30, 1893. Sheriff Kearney went to Norfolk to bring them to Louisburg on Tuesday, January 2, 1894. They arrived in Louisburg on Wednesday January 3, 1894 and were promptly taken before Dr OL Ellis for their hearings. 

As you remember this is the very jail where Lucy and Thomas are being held. According to trial transcripts, Pinkey was put on the second floor of the jail, while Lucy remained on the first floor of the jail.  They had not seen each other since September of 1892. (This will be important later.)

As you may recall, Lucy was arrested on Christmas Eve of 1893. This was a Sunday and courts were closed for Christmas Day, which fell on a Monday that year. Lucy was brought before the Justice of the Peace; Mr. J B Denton on Monday January 1, 1894. She pled not guilty but also gave a detailed account of what happened the night of the murder. 

Thomas was arrested on December 31, 1893 and so his hearing was also held on Monday January 1, 1894. His hearing was in front of another Justice of the Peace, Dr. O L Ellis. Thomas had an attorney named Wiley M Person who spoke for Thomas and waived the preliminary hearing. Thomas was ordered held without bond. Both Lucy and Thomas were to be held over the convening of the next grand jury which would take place on January 22, 1894. 

 Like Thomas, Calvin waived his hearing and was bound over without bond until the next Grand Jury on the 22nd. Pinkey, like Lucy, gave a full accounting of what happened and pled not guilty. 

In the meantime, chosen to represent the state was a father son duo named Charles M Cooke (1844-1920)  and Percy  H Cooke (1871-1912).  Also at the prosecution table was H M Smith Jr who was a well known lawyer of the time with a sterling reputation as a formidable attorney. He was there at the behest of friends of the deceased Samuel Tucker. 

For the defense, Wiley M Person (1862-1930)  and Frank Shepherd Spruill (1862-1937) were chosen as representation by the Judge to defend the Coley brothers. 

The judge that would be presiding over the trial was Superior Court Judge, John Gray Bynum (1846-1902).  He came to Louisburg from Pitt County, NC after holding court there in Greenville. So court did not open until 3 pm that afternoon.  18 men formed this jury. The foreman for this Grand Jury was Mr. Moses Neal. On January 23, 1894 this Grand Jury returned indictments for murder against Calvin and Thomas Coley. 

Judge Bynum announced that their trial would begin with jury selection on January 26, 1894. In a surprising twist; Solicitor John E Woodard announced that no indictments would be sought against Pinkey or her sister Lucy. Instead the women were to be witnesses for the State. However, the sisters would be held in the jail as material witnesses. Judge Bynum ordered 200 men to appear for examination to be jurors for the case and to have them assembled in the court on Thursday morning the 25th. 

Court began on the morning of the 25th around 10 am because they had to clear the court of excess people who were there to see the proceedings. There just wasn't enough room for everyone. Potential jurors began to be questioned. Both Thomas and Calvin were brought in around 11am and seated with their lawyers; Person and Spruill. Around 19 men were questioned before the first juror was picked. Mr. Thomas J  Hight (1854-1905) was the first man picked to be seated on the jury. The second juror to be picked was Mr. John  E T Ayscue (1855 -1925). The third juror seated was Mr. Lawrence B Perry (1859-1931). The fourth juror seated was Mr. Levin Phillips (1845-1922).  At this point the court took a recess for lunch until 2pm. When court resumed, the fifth juror seated was Mr. M E Joyner (1843-1915). The sixth juror seated was John H Upperman (1844-1903). The seventh juror seated was Mr. Robert F Brantley (1856-1927). The eighth juror to be seated was Mr. James H Conyers (1854-1929).  The ninth juror to be seated was Mr. Joel H Harris. The tenth juror to be seated was Mr. H R Richards and the eleventh juror to be chosen was Mr. Burkeley M Alford(1849-1915) and the final juror to be seated was Mr. Woodrow Barton. 

At this point it was 4pm in the afternoon and court was recessed until 9:30am the next day, which would be Friday January 26, 1894. 

STAY TUUNED FOR PART 3

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