Back in early 2006 there was a discussion on the AC forum about what kind of event we could hold at the Sullivan House up at Fort Hill in Frankfort, Kentucky. One of the suggestions was from Susan Armstrong to hold a trial. That caught my eye enough that I decided that that was exactly what I would do. By late July 2006 we had our defense attorney, Commonwealth’s attorney, our defendants, judge, and several others, and were well on our way.
By early August of 2006 Matt and Brian recommended holding a pre-trial event where the crime would be committed, and whoever witnessed it would be the witnesses during the trial. The date was set for March 2007, and Trish Hasenmueller was the only one to come other than Matt, Brian, Hank and myself. But that was all we needed.
The Pre-Trial Event
David Cooper and Hannah Johnston had joined up in crime. She had been a prostitute who met up with Cooper and went into business with him. She would lure men up to a bedroom of a hotel, remove their weapons, and as the man would go for the money, Cooper would step out from hiding, put a knife to the man’s throat and rob him. Their hope was that the victim would be too embarrassed to report his loss and to make certain they threatened to make up stories about their victims to cause them further embarrassment.
However, while at the Frankfort House Hotel they had another victim [later to be portrayed by Daniel MacInnis]. Unfortunately, he managed to make up his own story as to why he was there and chance going to the sheriff. So, he went and reported the theft to the sheriff and gave a description of the robbers. Cooper and Johnston went down for breakfast and saw a deputy talking to the hotel clerk [later portrayed by Noah Briggs] at the hotel desk. They knew that the man had reported them, and just took what they had with them and fled.
Cooper knew of an old abandoned tavern out of town a ways and they headed there. The old tavern was the kind of place where the scum of the earth hung-out. So it is there that David and Hannah headed to lie low for a while. As they approached the cabin they found it to be occupied by two men that Coop knew all to well, former partners in the slave trade. There was some tension when they first met again after many many years, but soon Coop, Downard and McKenzie seemed to be old friends again, laughing and hooting and having a great time.
Also at the same tavern was a widow lady of some means [Trish Hasenmueller], who was staying there for a night and doing some mending in return for a roof over her head. She was entirely out of her environment, but on her way into the city to file her husband’s will (she was the executrix).
Coop didn’t have to reintroduce himself to these men, but he introduced Hannah as Mrs. Cooper. Coop used his current story was that he was now traveling as an agent for McCormick Mowers and Reapers, and that he and Mrs. Cooper had only recently come to Franklin County.
Over the course of the weekend Coop, Downard and McKenzie talked extensively, and Cooper told Hannah that he believed that they were basically in the business of killing and stealing from innocent passer-byers, but that he personally wasn’t worried because they were old friends and were back to drinking and joking and such together and he thought their friendship was back on track.
Hannah stayed and talked with Mrs. Finnegan. She probably opened up a bit too much to her about her life and such, but she didn’t really care. Hannah was mad that they were run out of town and all because, at least in her eyes, Coop hadn’t properly scared the last victim. Downard and McKenzie talked with Hannah and asked her about Coop. She told them how disappointed she was that they had to leave Frankfort and how he didn’t share equally the loot, and how she wanted out of her partnership with him. At that point, she might have even said something along the lines of wishing Cooper would be killed so she wouldn’t have to put up with him anymore. Though later that evening Coop did share the money with her and she regretted what she had said, but figured nothing would come of it. The three men were good friends once again.
The boys went out to check on their horses two or three times a day. During this time they would take their guns and their big, bouncy, grey hound-dog Josiah. Two days after the Coopers arrived the boys went out as usual with their dog and while they were out Cooper went down to the creek.
It wasn’t long after that two shots were fired. The first was a mis-fire and Coop looked up just as the second shot was fired. It was a direct shot to the head, mortally wounding Cooper. Hannah and Mrs. Finnegan both ran over to Coop and began calling for help from Downard and McKenzie. About five to ten minutes after the shooting, D & M ran back with Josiah leading the way, from the direction that they had left. Downard handed his gun to Hannah and he and McKenzie drug Coop’s body into the cabin, and then left to tell the sheriff what had transpired. Hannah stayed with Coop and wept, and Mrs. F stayed there as well. After a while Coop drew his last breath and that was the end of the pre-trial event.
After the Pre-Trial Event
Hannah, now assuming the name of the “Widow Cooper,” went to the sheriff and reported the crime, and learned (no surprise) that Downard and McKenzie did not report the crime as they said they would. Mrs. Cooper's report to the sheriff. Unfortunately for the Commonwealth, Mrs. Cooper disappeared after reporting the murder and was unable to be located before the trial began. She was afraid that she would be caught for the robberies that she and Coop had committed.
At this point I turned my attentions onto the legal aspect of the trial. I wanted to make it as realistic as possible, and that meant knowing the laws of the time and place, and knowing the procedures, and outline of the criminal court system. To do this, I needed to have the updated revised statutes, the Digest of the Statutes, the Guide to Justices, Clerks, Sheriffs & c., etc. all kinds of books, dated January 1864 or earlier.
Following their capture both Downard and McKenzie got a lawyer and refused to talk to the Commonwealth’s attorney. After considerable investigating the indictment finally came down and D & M were charged with murder.
Statements continued to be taken by both sides. Unfortunately, these were just created without anyone to portray them, but if someone came forth and needed a role one of these would have been filled. BTW, thanks to Matt and Brian for coming up with all these characters who would have known them – I know the amount of work that takes.
Probably the most damaging evidence was the Widow Cooper’s statement, and there was no way that the defense wanted that to be allowed to be entered in the court. So a motion in limine was drafted and presented to the court prior to the start of the trial to prevent the statement from being entered. Because neither the Commonwealth nor the defense were present and it wasn’t a sworn deposition, but merely a statement made to the sheriff – the judge later ruled in favor of the motion and Mrs. Cooper's statement was not allowed to be presented.
The Trial Event.
I wasn't present for all of the trial, but here's what I know (or have been told). Once again a huge thank you to everyone for their impressions. Here's the rundown of the trial.
The accused, Mr. Downard and Mr. McKenzie, were brought in for trial on Saturday ("Thursday") morning...
The proceedings began Saturday morning with the judge ruling on a motion in limine that the defense had made earlier. The judge heard an oral argument from the Commonwealth and then ruled in favor of the motion. This prevented the jury from hearing the Sheriff testify to what Mrs. Cooper had told him
during the investigation. The bailiff called the court to session and brought in the prospective jurors. During the voir dire the judge and both attorneys had a chance to address the jurors, none were rejected and the trial began.
The Commonwealth's attorney gave his opening statement followed by the defense.
The Commonwealth's attorney called three witnesses who were cross examined by the defense, and the Commonwealth also introduced several exhibits identified by the sheriff including two guns that had been owned by the defendants, the luggage found with the defendants when they were arrested,
the knife found on Mr. Cooper's belt after he was killed, and the bullet removed from Mr. Cooper's head by the coroner. The witnesses were Sheriff Frank Sawyer, Thomas Harlan (who had visited the defendants earlier), and Mrs. Finnegan (who had witnessed the crime). The defense then called two
witnesses Thomas Whittaker (a clerk at the Frankfort House Hotel where Mr. Cooper was staying shortly before he died) and Daniel MacInnis (who had been robbed by Mr. Cooper), to show that others may have had a motive for killing Mr. Cooper.
The court recessed for lunch and when it reconvened the defense attorney gave his closing statement, followed by the closing statement of the Commonwealth's attorney. The judge instructed the jury and then the jury went to deliberate. After a while they came back and the verdict was announced.
The convicts were now removed back to the jail until morning when they would return for the sentencing.
Then the following morning the convicts were brought in with their hands bound. They were given the opportunity to eat, but refused. Though Sheriff Sawyer did sit down and have some breakfast. After breakfast the room was put back in order for the court and the convicted were brough in for the
sentencing. Judge Carter gave the boys 40 to life doing hard labor in the state penitentiary.
The boys were led away and that concluded the event. We had a great de-briefing and in the end the jury felt justified when they heard that the boys really did commit the murder.
