The State vs Ellis 1880

The Ellis /Hickman murder was profiled on this blog August 7 2024 “killed by Concealed Weapon”     https://www.lawrencelore.org/post/killed-by-concealed-weapon  A short  summary of the facts are: the attack with the switch by Hickman- the grip at the throat of Ellis- the fall upon the fall - the knee of Hickman upon the breast of Ellis - the firing of the pistol by Ellis twice whilst in that predicament - the fearful “Oh!” as he let go of Ellis - the two other shots upon the sidewalk  - the effort of Hickman to walk across the street - his fall within a few steps – Hickman’s death. At the conclusion of that blog, there had been no arrest and no trial. Here is the rest of the story.

William Frank Ellis gave the following account of his wanderings during the two months after the shooting.  He did not think of fleeing until one of the boys in the restaurant told him to run.  Thinking vividly of serious threats that he had heard of personal violence and following a natural impulse, that of personal safety, he did run.  He said he would have given himself up to the Deputy Sheriff had he known where he lived but fearing that he might be mobbed, he left town.

Ellis only got about two miles from Lawrenceville that night and slept in a straw pile the next day.  He went to a farmhouse in the vicinity and represented himself as a U S Detective searching for Ellis and for the first time learned that the shooting had been fatal.  He had the lady of the house shingle his hair close and procured a suit of farm clothes to disguise himself. He then went in the direction of Olney spending two nights on the way, intending to see an uncle residing there but concluded it was unsafe to go there.  He then traveled to Albion and from there to Grayville, whence he sent a man to Mt Carmel to ask advice of his guardian, Mr. Landes.  Because of the feverish excitement existing at that time, it was deemed imprudent for him to return.

From Carmi, then to Wabash Station and then on to Mt Vernon, Indiana, Ellis crossed to Kentucky and hailed the steamer Idlewild where he boarded her and went to Paducah, Kentucky. From there he traveled to Fulton, Tennessee, then to Memphis and afterwards to New Orleans. From that place he went to Galveston, Texas onward to San Antonio, and then back to Galveston. Thence he embarked to Vera Cruz, Mexico where he spent two weeks.

Ellis returned to New Orleans and wrote to his guardian to send him money, clothes, and advice.  Receiving these at Paducah, Kentucky, he came to Evansville where he saw several acquaintances, none of whom recognized him.  He arrived in Vincennes on a Saturday and that night walked down to St Francisville where he gave himself up the next day to Esquire Jones, who released him two months after the shooting.  He went to Mt Carmel but returned Tuesday to St Francisville with his attorney Mr. Landes.  Dept Sheriff Ryan of Lawrenceville was present with a coroner’s writ.  When Ellis arrived in Lawrenceville the preliminary hearing was heard, bond was set at $2000, and the date set for the trial.

On February 7, 1880, the trial of William Frank Ellis charged with murdering Frank Hickman was heard in the Lawrence County courthouse by Judge Jones.A difficulty presented itself because only six of the regular panel of jurors were accepted. The prosecution objected to the sheriff procuring additional jury men but after considerable squabbling Frederick Brian was entrusted with the duty of hunting up six men who never read a newspaper or who had no opinion of their own.    In the special venire, or panel made up of forty extra prospective jurors were two African American men. Summoned were Benjamin Anderson and Frances Cole. (The law in 1880 required only that jurors be freeholders and male;  the Supreme Court had held unconstitutional a law that restricted eligibility for jury service to white male persons.)

Both the defendant and the deceased solicited a warmth of support and sympathy far beyond the ordinary case.  Both were young men with a strong following of friends.  Ellis, living at St Francisville, where he was trying his hand at the law, had a general good report with perhaps as few of the foibles of youth as most men of his age.  Hickman, who lived in Lawrenceville, was Station Agent of the P&D RR, and had drawn to him many warm friends by his liberal genial manners.  He was a handsome and manly young fellow but the fact that his self-esteem was unusually prominent made him his own greatest enemy. 

However, there was intense indignation manifested toward Ellis at the time of the alleged murder.   Had Ellis been caught immediately after the shooting, no trial would have been necessary so great was the fury of the people.  The day after the shooting Ellis had not a half dozen friends in the town. But having returned to town two months later the excitement had subsided, and his life was safe.

When the arguments by Messrs. Wilson and Pritchett for the prosecution were done, the blood of Hickman was yet on that doorsill, abrasive soap nor buck-knives would never remove it.    Messrs. Landis and Robinson for the defense were attentively listened to by a large audience, many of whom were ladies who especially enjoyed the remarks of Mr. Landis whilst analyzing some of the evidence presented by the State using the most excruciating methods. 

The trial occupied the attention of the court all day Friday, and lasted till midnight, when the jury retired under the instructions of the Judge. The court did not adjoin but took a recess and at two o’clock a.m. the jury announced that they had agreed upon a verdict.  The Judge and counsel were awakened, the verdict was read, and the trial was over.

The trial with its conflicting evidence concluded with a quick verdict of Not Guilty.

Miss Mary Buntin, who was the editor of the Rural Republican, had been ill for about three weeks. But she returned to her post as editor just in time to give her outspoken opinion of the trial. She strongly inferred that the real people responsible for the murder were those who kept running back and forth telling tales to one about the other.  “Some of Hickman’s friends used his warm impulses to their own profit and his untimely death was fairly traceable to a few who actuated by a spirit of deviltry in all that the word implies, made merry over tale- bearing, until Hickman fell into their meshes and attempted to chastise Ellis after reported threats and taunts, culminating in the affray at Dick Musgrave’s restaurant which resulted in the fatality. 

“Ellis was a small effeminate youth who possibly stepped beyond the bonds of propriety at times, but he also exercised the extreme precaution of keeping himself aloof. Hickman was large and powerful; he was excited by tattlers while those whose role it was to scavenger the slews of filth for a bright epithet to be hastily conveyed to Hickman’s too willing ear, were in their glory and right nobly did they do their dirty work. 

 “It is a common remark that never did two such youths of their own volition ever become entangled to such a degree from such little beginnings that the terrible crime of murder in self-defense was the consequence.

“Thrice is he armed that hath his quarrel just,” said the jury within two hours of their retirement. But Mary said, “From the evidence and had it been their duty, it would not have been much more difficult for them to have pronounced a verdict as to who filled the unenviable position of accessory before the fact.  The Not Guilty verdict was pronounced to scorns of the large audience at the trial and the blood of Frank Hickman remains there to haunt the wearer so long as grass grows upon the untimely grave of one who, with a bright future before him, yielded to the blandishment of artful deceivers.”