Earl Platt, County Atty.

The defendant, Earnest Patton, pleaded guilty to the crime of first degree murder, resulting in the killing of one Creacy Mae Millard at McNary, Arizona, on or about the 25th day of December, 1936.

The defendant, Ernest Patton, a burly, illiterate negro, age 36 years, no says he has no previous criminal record, came to McNary some four years ago to work for the Lumber Company. He was born in Alabama, later drifting to Mississippi, where in 1929 he became acquainted with Creacy Mae Millard, a colored girl of 22 years, to whose murder on Christmas Day he has entered a plea of guilty. They "kept company" until 1932, when the defendant came to McNary, It appears he was thereafter married to another woman; not being able to agree their property was divided by the Deputy Sheriff at McNary, and defendant says she later divorced him in Mississippi. Three and a half months ago the deceased came to McNary where the defendant immediately renewed their acquaintance. Shortly thereafter she began living in un-lawful cohabitation with the defendant, who lavished his meager earnings upon, her, and of whom he was extremely jealous; according to the defendant he and the deceased planned to be married at Holbrook on the "next pay day", he was saving his money for that purpose.

In the afternoon on Christmas Day the defendant left deceased at his house getting dressed, he went first to her brother Frank's place and later to Mack's Cafe, (Colored) and then down to Pinetop for a bottle of ginger ale, for Frank who was ill, and possibly the pint of liquor found on his person with the seal unbroken when he was arrested for the killing. He returned to her brother's place in time to meet the deceased just as she and Curtis McLemore, a young colored boy were leaving for Pinetop. She told defendant they were going to get some beef tallow to rub Frank with. Defendant did not forbid her to go with McLemore, but he did say "Just a minute" and then walked in the house to ask Frank if he sent his sister after tallow, when he got back to the door of the house she was gone. It appears from defendant's statements, though denied by McLemore, that the latter had been paying some attention to the deceased, leaving fruit, whiskey and other presents for Creacy Mae. Defendant strenuously objected to these attentions and warned her to quit fooling around with Curtis or anyone else as long as they stayed together. He admits that he never personally spoke to McLemore about the matter, and that there had never been any previous trouble between them,

During the time deceased and McLemore were making the trip to Pine top and back, which occupied some 45 minutes, the defendant went back to his house, did his chores, and secured his loaded pistol and returned to the Mack café. The deceased and McLemore, accompanied by the witness Portis, after delivering the beef tallow to her brother returned to the Cafe, at deceased's request, looking for the defendant. It would appear from deceased's action that she was apprehensive that defendant might be angry with her and she was endeavoring to rejoin him at the earliest moment possible. It was now after dark about six P.M., though the area in front of Mack's cafe, where the McLemore car was parked, was well lighted from the porch lights. The deceased sent the witness Portis into the Cafe for some gum, and she began making inquiry of bystanders for "Ernest". At this moment the defendant came onto the porch from the cafe and spied the McLemore car with the latter and deceased sitting therein. The defendant walked toward the car and motioned with his finger for deceased to follow him, she got out of the car and cam to the porch, saying to him she had sent after some gum. He said "Come on let's go" and walked some 40 feet down the board walk toward his house, evidently expecting her to follow him afoot; as he started off she said "Come on Ernest, let's get in the car, there is so much snow, I don't like to get in the snow". McLemore spoke up and offered to take both of them home in his car. The defendant then returned to the car and said to the deceased, "Get out of that God Damned car and come here" When he said that she made an effort to get out, opening the door and getting her right foot onto the running board, he then pushed her back in with his left hand, saying "you’re too late". and began shooting at a distance of two feet with the pistol which he held in his right hand. Three of the shots penetrated the woman’s right side killing her almost instantly. One bullet inflicted a minor flesh wound upon McLemore, which the defendant stated was accidental, as he was not trying to shoot him. The defendant then ejected the five shells from his pistol which fell upon the running board of the car, and reloaded the pistol saying to the bystanders that "I ought to kill every son of a bitch big enough to die". A few moments later he surrendered to Deputy Sheriff Mineer without resistance, and to whom he freely admitted the shooting.

The only excuse offered by the defendant was "That I was so mad, I did not know what I was doing", However, then proceeds to negative this statement by reciting in detail just what he did and said both before and at the time of the shooting. The defendant was not drunk according to his own admission. It is further established that the deceased was unarmed, as was also McLemore. It is clearly established that the defendant was very jealous of the deceased and did not want her in the presence of McLemore or possibly any of the male species.

There was no provocation or justification for the atrocious, brutal slaying of this defenseless woman, on whom the defendant certainly held no legal claim. The defendant professed to love the deceased and stated he intended to marry her. The legal question presented is whether jealousy and anger constitutes circumstances of mitigation or extenuation. In the mind of the Court, this must be answered in the negative.

The Court having carefully examined the whole record in favor of life, but finding there are no circumstances of mitigation or extenuation, the defendant's plea for a sentence of life imprisonment is denied.

The law regards human life as the most sacred of all interests committed to its protection, and no more solemn duty can be imposed upon the courts than the duty of protecting, and the duty of taking a human life. To take the life of a human being is an awful thing even when it is taken by the law in the due administration of justice.

The Court being of the opinion that the facts here shows a cold blooded murder with no extenuating circumstances, the death penalty was then imposed the execution being set for March 24, 1937, with the walls of the state prison at Florence, Arizona, by the administration of lethal gas.

On October 21, 1937, defendant was arraigned and entered a plea of guilty to the said crime of Murder, a felony. On October 25, 1937, defendant was sentenced to death in the lethal gas chamber and that the execution be carried out within the wells of the State Prison at Florence, Arizona, on the 14^th day of January, 1938, between the hours of 5:00 o'clock A.M. and 6:00 o'clock P.M. of said day.

The facts end circumstances surrounding the commission of the crime are as follows:

One Charles Edgar Goade was brutally murdered by heavy blows with an iron grate in and on his head on October 12, 1937, about 10:00 P.M., while he was asleep on a wagon in a cotton field near Perryville, Arizona. Soon after the body was discovered on the morning of October 13th, the defendant Elvin Jack Odom was arrested on suspicion of murder as he was about to leave the camp at which he was employed. Odom's arrest on suspicion was based on statements made by witnesses as to his actions on the night of the murder, his sudden and unaccounted possession of money and previous remarks which he had made concerning highjacking the murdered Goade. On October 20, 1937, Jack Odom voluntarily confessed to the crime, telling in detail how he believed Goade had considerable money on his person; how he had taken an iron grate from a stove outside his cabin about 10:00 P.M. and walked over to a wagon in which Goade was asleep and how, upon Goade awakening, he beat and hit him on the head with the iron grate until he was dead. He then told how he searched Goade's pockets, removed a pocketbook containing 54c and how he later buried the iron grate and pocket book about one hundred feet beyond the wagon. He further described how he returned to his cabin, washed his hands and then being so frightened, how he called to Red Simmons and Bob Barnette to come over to his cabin on the pretense that he was sick.

Investigation by the officers of the facts surrounding the murder of Goade revealed the following: That Jack Odom went to work at Bradley's Camp No. 1 on or about the 15th day of September, 1937. Witnesses testify that Odom arrived at the camp without any money and up to the day of his arrest spent every cent he earned at the camp, and was often broke and had to borrow money. On several occasions prior to the night Goade was murdered, Odom had remarked to friends that Goade would be a good person to highjack as he was purported to have considerable money on his person. Furthermore, conversations were overheard between Odom and Goade wherein Odom questioned Goade concerning his finances. Other witnesses testified that Odom, on the day of the murder, stated he hated the old man, referring to Goade. Previous to the night of the murder Odom had expressed a desire to buy a dress for one Marie Harden as soon as he could earn enough money to do so.

On the evening of the murder, Odom visited several friends of his in the camp, and had several drinks of whiskey. About 9:00 o'clock he left the cabin of Red Simmons and Bob Barnette and stated he was going to his cabin to go to bed. Instead, Odom picked up an iron grate about four inches wide and fourteen inches long, which was on a fire place outside his cabin, and walked to a wagon in the middle of the cotton fields where Goade was asleep. Odom climbed onto the wagon and as Goade awoke, he struck him a terrific blow on the head with the iron grate. At least five blows were struck crushing in Goade's skull. Odom then searched Goade's pockets and removed a purse, which he claims contained only 54c. Odom then walked about 100 feet beyond the wagon and buried the iron grate and purse near a clump of johnson grass.

Odom then returned to his cabin and washed the blood off his hands. About 11:00 P.M. he called to Red Simons and Bob Barnette, whose cabin was about 80 feet from his, and asked them to come over to his cabin as he was ill. Red end Bob found Odom in an extremely nervous and frightened condition. Odom claimed he was suffering from a heart attack and requested that they get him some whiskey. While Red was gone for the whiskey, Tom Harden and Nick Vaughn arrived at Odom's cabin. After the pint of whiskey had been consumed, that Red had purchased, Odom told Barnette and Red that he had Six ($6.00) Dollars he had been saving, hid behind some cardboard nailed on the wall of his cabin and asked Red to get the same out so that they could buy more Whiskey. When the money, which was in a dirty tobacco sack, was removed, it was discovered that there was Thirty-six ($36.00) Dollars in bills. Harden and others present believing at first the money was counterfeit, as they knew Odom had had no money, examined the money closely and found it to be moist and damp as if having recently been carried on the person. Furthermore those present stated that the tobacco sack was identical to one which they had seen Goade carry on his person on previous occasions. After the money had been counted, Odom sent Red back to the store to buy five more pints of whiskey and gave the remaining money to Nick Vaughn, instructing him to give Ten ($10.00) Dollars to Marie Harden for the dress which Odom had promised her, and to keep the balance of the money for him, or, if necessary, for Nick Vaughn to spend it on himself. In answer to objections made by Nick Vaughn to taking the money, Odom stated he had not had to work hard to get that money and that he wanted Marie to have that dress. About 4:00 A.M. all those at the cabin had gone home except Bob Barnette, who remained the rest of the night with Odom at his request, as he said he was afraid to stay alone. The next morning after Odom had been advised by the officers that there had been a murder committed, he went to Red Simons and Bob Barnette and offered to pay them well if they would drive him to Tolleson. It was after they had started for Tolleson that Odom was picked up and placed under arrest. Upon first questioning by the officers, Odom denied knowing anything of the murder, in spite of the fact that he had already been previously advised by other officers. He denied ever having had any conversations with Goade and explained that the money he had so generously passed around the night before was money that he had brought with him when he came to the camp, and had saved it for a long time. When confronted with blood stains on his pants and a cotton sack, he denied knowledge of the same, but explained that the same could have been caused by a scratch on his hand or have resulted from killing a snake the day before. Chemical analysis however, disclosed the blood to be that of a human being. On October 19th, Odom expressed desire to talk to the Sheriff and on October20th, Odom told the whole story as to how he had murdered Goade believing he had a large sum of money on his person. Investigation of Odom's record disclosed that he had, on several occasions in the past, tangled with the law, and on one occasion in particular, where he seriously beat up a man, he testified he would have killed him if he had not been prevented from so doing by his wife and brother.

Defendant states that his true name is Elvin J. Odom; that he is 27 years of age; that he was born in Denton, Texas; that he was born in 1901; that his mother, sister and brother all live in Denton, Texas; that he is an American Citizen; that he has lived in Arizona and Maricopa County for four weeks; that he is a painter and last worked in Denton, Texas, contracting for himself; that he worked there for eleven years; that he was convicted in Corsicana, Texas, for Burglary, in 1932; that he is married and has two children in Amarillo, Texas.

Respectfully submitted this 26th day of October, 1937.