Garrett, Grover C.
Grover killed Clem Wackerly in a dispute over Clem''s daughter, Grover''s future wife, Cely Wackerly.
State of Arkansas vs. Grover GarrettMotion for New Trial
Independence County Circuit Court, Fall Term, 1912
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Comes the defendant, Grover Garrett, & moves the court to set aside the verdict rendered herein & gran him a new trial, & for cause says:-
1st. That the verdict & judgement are contrary to the law.
2nd. That the verdict & judgement are contrary to the evidence.
3rd. That the verdict & judgement are contrary to both the law & the evidence.
4th. That the court erred in excluding from the consideration of the jury the photographs taken & testified with reference to & introduced by the witness, H. M. Kennerly, over the objections of the defendant.
5th. That the court erred in refusing to require the witness, John Flinn, to answer questions relative to certain tracks at the scene of the killing.
6th. That the court erred in refusing to allow defendant to prove the statements of John Flinn relative to certain tracks at the scene of the killing by witnesses R. L. Foster, Jim Alex Bell, & John Bell, to the effect that the witness, John Flinn, had stated to said witnesses, Foster , in the presence & hearing of said Jim Alex Bell & John Bell, that he had found, at the scene of the killing, on his first visit thereto, the tracks of the deceased, Wackerly, advancing upon the defendant, Garrett, & the tracks of the defendant, Garrett, retreating from Wackerly.
7th. That the court erred in permitting the witness, James Smith, to testify, over the objections of the defendant, to certain threats or statements alleged to have been made by the defendant, Grover Garrett, a year or more prior to the date of the killing.
8th. That the court erred in giving to the jury, over the objections of defendant, instruction No. 6.
9th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 11.
10th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 13.
11th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 14.
12th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 16.
13th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 25.
14th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 31.
15th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 33.
16th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 34.
17th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 35.
18th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 36.
19th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 37.
20th. That the court erred in refusing to give to the jury, instruction No. 1a, asked by the defendant.
21st. That the court erred in refusing to give to the jury, instruction No. 2a, asked by the defendant.
22nd. That the court erred in refusing to give to the jury, instruction No. 3a, asked by the defendant.
23rd. That the court erred in refusing to give to the jury, instruction No. 4a, asked by the defendant.
24th. That the court erred in refusing to give to the jury, instruction No. 5a, asked by the defendant.
25th. That the court erred in refusing to give to the jury, Instruction No. 6a, asked by the defendant.
Dene H. Coleman, and McCaleb & Reeder. Attorneys for Defendant.Filed November 7, 1912, Jas. T. Garrett, Clerk.
State of Arkansas vs. Grover GarrettMotion for New Trial
Independence County Circuit Court, Fall Term, 1912
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Comes the defendant, Grover Garrett, & moves the court to set aside the verdict rendered herein & gran him a new trial, & for cause says:-
1st. That the verdict & judgement are contrary to the law.
2nd. That the verdict & judgement are contrary to the evidence.
3rd. That the verdict & judgement are contrary to both the law & the evidence.
4th. That the court erred in excluding from the consideration of the jury the photographs taken & testified with reference to & introduced by the witness, H. M. Kennerly, over the objections of the defendant.
5th. That the court erred in refusing to require the witness, John Flinn, to answer questions relative to certain tracks at the scene of the killing.
6th. That the court erred in refusing to allow defendant to prove the statements of John Flinn relative to certain tracks at the scene of the killing by witnesses R. L. Foster, Jim Alex Bell, & John Bell, to the effect that the witness, John Flinn, had stated to said witnesses, Foster , in the presence & hearing of said Jim Alex Bell & John Bell, that he had found, at the scene of the killing, on his first visit thereto, the tracks of the deceased, Wackerly, advancing upon the defendant, Garrett, & the tracks of the defendant, Garrett, retreating from Wackerly.
7th. That the court erred in permitting the witness, James Smith, to testify, over the objections of the defendant, to certain threats or statements alleged to have been made by the defendant, Grover Garrett, a year or more prior to the date of the killing.
8th. That the court erred in giving to the jury, over the objections of defendant, instruction No. 6.
9th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 11.
10th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 13.
11th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 14.
12th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 16.
13th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 25.
14th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 31.
15th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 33.
16th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 34.
17th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 35.
18th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 36.
19th. That the court erred in giving to the jury, over the objections of the defendant, instruction No. 37.
20th. That the court erred in refusing to give to the jury, instruction No. 1a, asked by the defendant.
21st. That the court erred in refusing to give to the jury, instruction No. 2a, asked by the defendant.
22nd. That the court erred in refusing to give to the jury, instruction No. 3a, asked by the defendant.
23rd. That the court erred in refusing to give to the jury, instruction No. 4a, asked by the defendant.
24th. That the court erred in refusing to give to the jury, instruction No. 5a, asked by the defendant.
25th. That the court erred in refusing to give to the jury, Instruction No. 6a, asked by the defendant.
Dene H. Coleman, and McCaleb & Reeder. Attorneys for Defendant.Filed November 7, 1912, Jas. T. Garrett, Clerk.
- 8 AUG 1892 - Birth - ; Arkansas, United States
- 28 JUL 1968 - Burial - ; Independence, Arkansas, United States
- 26 JUL 1968 - Death - ; Locust Grove, Independence, Arkansas, United States
- 1916 - Draft Reg - ; Riley Township
- Military - Pvt., U. S. Army, World War I ; United States
- Social Security Nbr - 429-38-4906
PARENT (M) John Elbert Garrett | |||
Birth | 15 SEP 1855 | TN | |
Death | 12 DEC 1920 | Batesville, Independence Co., Arkansas, USA | |
Marriage | to Susan Christina Fritts | ||
Marriage | to Mary Ann Fritts | ||
Marriage | to Anna Stringfield | ||
Father | William Hines Garrett | ||
Mother | Martha Cromwell | ||
PARENT (F) Mary Ann Fritts | |||
Birth | DEC 1852 | , , Tennessee, United States | |
Death | |||
Marriage | to John Elbert Garrett | ||
Father | David Fritts | ||
Mother | Catherine Beard | ||
CHILDREN | |||
M | John Wesley Garrett | ||
Birth | MAR 1890 | Arkansas, United States | |
Death | 10 MAR 1936 | Pocahontas, Randolph, Arkansas, United States | |
Marriage | to Minnie Mae Hotchkiss | ||
M | Grover C. Garrett | ||
Birth | 8 AUG 1892 | Arkansas, United States | |
Death | 26 JUL 1968 | Locust Grove, Independence, Arkansas, United States | |
Marriage | to Ceclie Jane Wackerly |
PARENT (M) Grover C. Garrett | |||
Birth | 8 AUG 1892 | Arkansas, United States | |
Death | 26 JUL 1968 | Locust Grove, Independence, Arkansas, United States | |
Marriage | to Ceclie Jane Wackerly | ||
Father | John Elbert Garrett | ||
Mother | Mary Ann Fritts | ||
PARENT (F) Ceclie Jane Wackerly | |||
Birth | 30 APR 1894 | Jamestown, Independence, Arkansas, United States | |
Death | |||
Marriage | to Grover C. Garrett | ||
Father | ? | ||
Mother | ? | ||
CHILDREN | |||
M | James Everett Garrett | ||
Birth | 9 NOV 1915 | Arkansas, United States | |
Death | 21 APR 1966 | Little Rock, Pulaski, Arkansas, United States | |
Marriage | to Private | ||
F | Lue Ella Garrett | ||
Birth | 25 JAN 1918 | Arkansas, United States | |
Death | 29 APR 1996 | Arkansas, United States | |
Marriage | 12 OCT 1935 | to Kenneth L. Nicholson at Independence, Arkansas, United States | |
M | John Edward Garrett | ||
Birth | 23 FEB 1920 | Arkansas, United States | |
Death | 18 SEP 2003 | Arkansas, United States | |
Marriage | 27 APR 1939 | to Verlie E. at Independence, Arkansas, United States | |
M | Vernon O''Dell Garrett | ||
Birth | 25 FEB 1925 | Arkansas, United States | |
Death | 20 DEC 1991 | Arkansas, United States | |
Marriage | to Violet Johnson | ||
M | Charlie Otis Garrett | ||
Birth | 7 JUL 1927 | Arkansas, United States | |
Death | 1 FEB 2013 | Arkansas, United States | |
Marriage | to Una Faye Rains | ||
M | William Ott Garrett | ||
Birth | 13 JUN 1932 | Jamestown, Independence, Arkansas, United States | |
Death | 22 MAY 2008 | Sulpher Rock, Independence, Arkansas, United States | |
Marriage | to Katherine |
1 Grover C. Garrett b: 8 AUG 1892 d: 26 JUL 1968
+ Ceclie Jane Wackerly b: 30 APR 1894
2 James Everett Garrett b: 9 NOV 1915 d: 21 APR 1966
+ Private
3 James Wayne Garrett b: 11 DEC 1942 d: 3 OCT 1959
2 Lue Ella Garrett b: 25 JAN 1918 d: 29 APR 1996
+ Kenneth L. Nicholson b: 9 NOV 1917 d: 20 DEC 1996
3 Earnest L. Nicholson b: 5 JUN 1947 d: 2 JUN 1969
2 John Edward Garrett b: 23 FEB 1920 d: 18 SEP 2003
2 Vernon O''Dell Garrett b: 25 FEB 1925 d: 20 DEC 1991
+ Violet Johnson b: 1927 d: 1994
2 Charlie Otis Garrett b: 7 JUL 1927 d: 1 FEB 2013
3 Charlie Garrett b: 23 MAY 1951 d: 25 SEP 2009
2 William Ott Garrett b: 13 JUN 1932 d: 22 MAY 2008