Murder trial provides swan song for columnist
During the 23 years I have penned columns for area newspapers, I always wanted to write about a 1938 trial involving a prominent East Tennessee family that continues to be discussed by those who lived in the area when Mrs. Paul E. Divine was tried for the murder of her son-in-law, Reginald Randall.
Because I have decided it's time for me to retire, and this is my last column, here are the details of the Divine trial as reported in the Knoxville Journal, Tuesday, September 26, 1938. Cost of the paper was 5 cents. Byline: Hugh F. Hoss.
"Jonesboro, Aug. 19--In one of the briefest murder trials of East Tennessee history, Mrs. Paul F. Divine, socially prominent Johnson City woman and former postmaster there, was acquitted in Criminal Court here today of the slaying of her son-in-law, Reginald Randall.
"Randall was fatally wounded July 21 at Mrs. Divine's home in Johnson City. The fact was established by the undertaker who found the body and officers who viewed it later...
"But there was no testimony whatsoever to link Mrs. Divine with the killing. She did not take the stand, and officers admitted they did not question her at length. The jury deliberated only 15 minutes; there was no defense testimony, and no arguments by attorneys. The entire testimony required but 40 minutes to present.
"The array of legal talent...Carroll Reece, who was listed as a witness in the case, was allowed to remain in the courtroom during the trial since he is a lawyer. Attorneys for the defense, who declared they all served without pay were: Dave M. Guinn, former law partner of the late Paul E. Divine; Tom Mitchell; Guy S. Chase; Ferdinand Powell Jr.; Sam W. Price and his son, Walter Lee Price; J Hastons Winston; D.A. Vines, former Circuit Court Judge; Robert L. Taylor, son of the late Tennessee governor; A.A. Taylor; J. Albert Lee and George Brandt. For the prosecution, Attorney-General Grayson acted alone.
"Scott Vines, former deputy sheriff of Washington County, was the first witness. He said he received a call the night of the killing from Atty. Tom Mitchell, who went with him to the house. Although he was the first officer there the body had been removed. Mrs. Divine was there, but 'she didn't make any statement at all,' Vines said.
"He said he then went to the undertaking establishment of Morris Funeral Home where he examined the body.
"Vines identified the bloody clothing which Randall had worn and entered the garments as an exhibit to his testimony. He said Randall was killed by a shot in the right shoulder, which he thought was fired from a .410 gauge shotgun pistol. This evidence was objected to by the defense as hearsay.
"Did you find the gun?" asked the attorney general.
"I never have seen the gun," he replied.
"H.C. Burgess, who was chief deputy sheriff until he went out of office Sept. 1, said he went to the funeral home and examined the body, but did not talk to Mrs. Divine. The next day, he said, he went to the apartment of Mrs. Divine, but was told by her daughters she was away...
"Forest K. Morris, of Morris Funeral Home, said he reached the Divine home about 9 p.m. with an ambulance...rushed him (Randall) to Appalachian hospital, but he passed away before we arrived.
"Dr. E.T. West, of the Appalachian hospital staff, said he examined the body and found Randall was shot in the left shoulder. Then he looked at the shirt with a hole in the right shoulder and admitted he couldn't remember which shoulder it was.
"In his charge to the jury, Judge Allen inserted a paragraph from a note handed him by defense attorneys. 'It is the theory of the defense,' he said, 'that the defendant did not kill this man, but that his death was due to an accident.'
"At the time of the shooting, investigating officers said Mrs. Divine told them she shot Randall because he 'was beating my daughter,' his wife.
"Mrs. Divine, who maintained a quiet composure during the trial, smiled at the verdict, and with shining eyes received the congratulations of her friends on the acquittal. She was surrounded by her three daughters during the trial, including the widow of young Randall. Mrs. Divine and young Mrs. Randall were dressed in black. The other two daughters are Mrs. Fritz Brandt, wife of the former U-T football star, and Miss Florence Divine."
And so, this very long column is my last, but maybe it will give you, my wonderful readers, something to think and talk about for a day or two.
Enjoy!
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Patty Smithdeal Fulton is the author of the books "...and Garnish with Memories," "I Wouldn't Live Nowhere I Couldn't Grow Corn" and "Let the Record Show." To contact her, send an e-mail to: pfulton@embarqmail.com.