COUNT 1 was for the murder of the defendant's wife, Marie Bartholomew;

COUNT II was for the murder of the defendant's son, Rickie Bartholomew, age 3 years; and COUNT III was for the murder of the defendant's daughter, Pamela Bartholomew, age 2 years.

On June 9, 1955, the defendant was arraigned and entered a plea of guilty of Murder (Second Degree) as to Marie Bartholomew, Count I, and a plea of guilty of Murder (First Degree) as to Rickie Bartholomew and Pamela Bartholomew, Counts II and III.

On the 22nd day of June, 1955, before judge Renz L. Jennings in Division 6 of the Superior Court of Maricopa County, Arizona, the defendant Lester Edward Bartholomew was sentenced to death for the murder of Rickie Bartholomew as charged in Count II in the Information, and was sentenced to death for the murder of Pamela Bartholomew as charged in Count III of the Information. The Court fixed the time for execution for the 31st day of August, 1955 within the walls of the Arizona State Prison at Florence, Arizona.

After the plea of guilty and before sentence was passed, there were two psychiatrists appointed to look into the defendant's mental condition, said doctors being Dr. William B. McGrath and Dr. Bruce Hart. Both doctors stated that in their opinion the defendant is legally sane and knew the difference between right and wrong. The facts and circumstances surrounding the commission of the crime are as follows:

On or about the 28th day of May, 1955, in a motel court at 2133 East Monroe Street, Phoenix, Arizona, the defendant shot and killed his wife, Marie Bartholomew, and two of their children, Rickie age 3 years and Pamela, age 2 years, by using a 22-caliber semi-automatic rifle. The young boy, Rickie, was shot in the back and the little girl, Pamela, was shot while she was lying on a bed. The wife was shot in the front a little below the left nipple. There was another child involved but this child was not harmed due to the fact that the wife of the defendant, Marie, in some way prevented the defendant from shooting the third child.

The shooting of the wife and children shows a completely wanton disregard of human life and shows a malignant heart on the part of the defendant. The killings were brutal, without provocation or cause and investigation disclosed that there had been some premeditation for some days before the actual shootings.

The defendant states that his true name is Lester Edward Bartholomew; that he is 28 years of age; that he was born in Fayettville, Arkansas; that his father is deceased; that his mother and one sister live in Phoenix, Arizona; one brother and one sister live in Chandler, Arizona, and one sister lives in Fayettville, Arkansas. The defendant states that he is an American citizen and that he has lived in Arizona and in Maricopa County for 19 years. The defendant has made his living as a truck driver: The defendant has one child in Phoenix, Arizona.

The defendant has been arrested numerous times on charges including Petty Theft, Bogus Checks, Simple Assault, Assault with a Deadly Weapon and Aggravated Assault. He was arrested March 18, 1955 in Phoenix, Arizona on the latter charge. In March, 1953, he was sentenced to serve a term of 1.5 to 2 years in the Arizona State Prison.

Respectfully submitted this 22nd day of June, 1955.

WM. P. MAHONEY, jr

County Attorney

COUNTY Attorney RAUL H.CASTRO

STATEMENT OF FACTS ON CONVICTION .

2-24-58 Defendant charged with Ist Degree murder, a felony

3-8-58 Defendant arraigned and entered a plea of not guilty

6-17-58 Defendant withdrew his plea of not guilty and entered a plea of guilty.6-20-58 Defendant sentenced to death by Honorable Judge Molloy

CIRCUMSTANCES SURROUNDING THE COMMISSION OF THE CRIME

Defendant arrived in Tucson, January 22,1958, from Springfield, Illinois. He went to John Mahoney who was employed by Keller’s Drug Store, and an acquaintance of his stepfather. He went to Mr. Mahoney on the premise that he could obtain help in getting employment Mr. Mahoney introduced the defendant to Mrs. Coward who was the owner of the drug store. She invited the defendant to move into her house and do odd jobs to earn his keep, since he couldn’t find a permanent employment. Defendant moved into the house 1-31-58

On February 12, 1958, defendant obtained full time employment at the Ryan-Evans Drug store. On the 14th of February he was asked to vacate the guest room room of the house to make room for out of town friends. Defendant moved Into YMCA after borrowing $20.00 from Mrs. Coward, to tide him over until he drew a pay check. They also had an understanding about some money he owed her from the time he had moved into her house. He was to repay it by working at the rate of a dollar an hour on his day off doing odd jobs

On Sunday, February 23, 1958 the defendant arrived at the home of Mrs. Coward about three PM. She was alone in the house and was getting ready to go back to work. Defendant changed into into his work clothes and started digging in a flower garden. She left and went back to work. Defendant had asked her to give him $200.00 M she had refused to give him more than $40.00

Following is a statement of the defendant...

"When she came back into the house after work I lay in waiting behind the bedroom door. I had planned to steal everything of value that was in the house because she had refused me the money. I had all the suitcases packed and I was intending to hit her over the head, tie and gag her. I had everything packed in suitcases and was intending to take her car when she got home. I wrote a note telling her that it had rained and instead of working in the rain I was going to call it quits for the day. I further stated that I was going back to the "Y" and would see her again on my next day off. I put the note on the kitchen table. I sat in the bedroom looking out the kitchen window waiting for her to come home. She came home at 6:00 c’clock PM. When I saw her I hid behind the door of the bedroom.When she got into the house she read the note and yet called to me thinking that perhaps I might still be there. She walked into the bedroom with her pocketbook and raincoat over or arm.. I stepped from behind the door and struck her with the barrel of the gun I struck her four times and the gun went off. I became panicky. After I accidentally fired the shot and in my panic I fired more shots into her until she quit moving. I went through her pocketbook and took her wallet and what loose change there was. I went out to the car and started to drive away but there was no key in the ignition. I tried to open the back door but it locked behind me. I went to the bedroom window smashed the window to gain entrance again. I turned her pocketbook upside down on the bed and found the keys to the car and went back outside and drove away, in the car"

Defendant took victim’s car which was a 1950 Chevrolet. He also has in his possession at the time of the arrest the gun involved in the case. This was a J.C. Higgins 22 caliber to. 825 pistol.*

There were seven wounds in the victim. 1 in left thigh, I in left arm, 1 in left shoulder, 1 In right rear upper arm, 1 right of nose, 1 right jaw, 1 back of right ear.

On or about the 31st day of July, 1959, the Defendant was charged with a felony, to-wit: Murder in the First Degree of one Ary J. Best. Attorneys John H. Grace and William R. Preston, of Flagstaff, Coconino County, Arizona, were subsequently appointed by the Court to represent McGee an acknowledged indigent. On August 31, 1959, a preliminary hearing was held in the Justice Court of the Flagstaff Precinct of said County and State, and the defendant held to answer without bond to the Superior Court.

An information charging Murder in the First Degree was thereupon filed September 17, 1959, to which the defendant entered a plea of not guilty on said date. Trial by jury was set for November 16, 1959 and later vacated to November 30, 1959. This trial date was also vacated and then reset for the 7th day of December, 1959.

On December 7. 1959, the defendant was tried before a Jury in the Superior Court of the County of Coconino, State of Arizona, on the charge of First Degree Murder. The trial lasted for a period of nine days, with the jury, on the 16th day of December, 1959, returning a verdict of guilty of Murder in the First Degree and assessing the penalty of death.

By order of the presiding judge, Jack L. Ogg, of Yavapai County, the date of sentencing was set for the 8th day of January, 1960, at the hour of 10:00 o'clock a.m. On said date the defendant was sentenced to die in the gas chamber at the Arizona State Prison, Florence, Arizona, on the 6th day of April, 1960.

Briefly, the facts surrounding the crime of murder committed by the defendant are these.

On the 31st day of July, 1959, the said defendant, Patrick McGee, was traveling by automobile through Coconino County, Arizona, with one Millie Fain, a woman with whom he had been living for approximately eight months, en route to California. They were given assistance on their disabled automobile by the murder victim, Ary J, Best. At a point approximately twelve miles east of Flagstaff, alongside U.S. Highway 66, Patrick McGee, without provocation, and with the apparent intent to rob, stabbed Ary J. Best, an arthritic cripple, four times in the chest and back. As the victim lay dying, and probably unconscious, on the ground, the defendant Patrick McGee placed the murder weapon---a large hunting knife --.in the hand of Millie Fain and told her to stab the said victim twice in the neck. His companion complied and stabbed the mortally wounded man two times in the throat area. McGee and his companion then robbed the dead man's pockets and absconded with his automobile and personal belongings. No effort was thereafter made to report the matter to the authorities. The said parties squandered the victim's money in Flagstaff and Williams, and went on a "drinking party" before leaving by train from Williams to California. The two of them were arrested in Los Angeles the next morning, on the 1st day of August, 1959.

The defendant at first denied his guilt and claimed he had killed Best in resisting the latter's attempt to rape Millie Fain. This version he persisted in repeating, and on the witness chair at his trial, testified that he killed, either (1) in resisting an attempted rape, or (2) in resisting an act of solicitation by Millie Fain which reasonably appeared to him to be an act of forcible sexual intercourse.

This statement of the facts was refuted by Millie Fain, who claimed and testified to the effect that the killing was unprovoked and followed an unsuccessful solicitation of Ary J,Best by her for money, and that the solicitation was at the request and demand of Patrick McGee. Polygraphic examinations were conducted upon Millie Fain by Charles Coates, Special Investigator for the Pima County Attorney’s Office, Tucson; Arizona. The results of these tests substantiated her statements as to solicitation for intercourse rather than rape, the motive of robbery on the part of McGee together with the intent to kill.

CAREER INFORMATION

The defendant gave the following information:

Name of relative - Una Miller, wife, 1452 Chico, El Monte, California.,

Place and date of birth - Wilburton, Oklahoma; May 3, 1907.

Health -Good

Religion - Protestant

Education - completed Eighth grade

Marital status - Married

Excessive drinking - Yes

Drugs - No

Occupation - Fruit Picker

Military History - Information not available

FBI No. 64150 - (record since June 1923) -

Charges of vagrancy, suspicion burglary, driving motor vehicle while under influence of liquor, assault and battery, drunk, traffic violation, et al, fined ten to three thousand fifty dollars, sentenced fifty to one hundred fifty days. Sentenced State Reformatory, Buena Vista, Colorado, April, 1924, grand larceny, indeterminate. Latest---Police, Los Angeles, February, 1956, Fugitive, Colorado-escape-no disposition.

RESPECTFULLY SUBMITTED this 11^th day of May, 1960.