Kingsport News / MONDAY, MARCH l0, 1958 (front page)

KINNIE WAGNER DIED IN PRISON

Collapses, Dies Of Heart Attack

PARCHMAN, Miss—William Kenneth (Kinnie) Wagner, 55; killer of five persons, died of a heart attack here Sunday while petting prison dogs, the Associated Press reported.

The gray-haired native of Scott County, Va., collapsed and died about 3:45 p.m. after asking to be released temporarily from his hospital bed where he had been under treatment for a heart condition.

Asst. Supt. E. E. Lacy took him in a car to Camp 6, where a German shepherd which Wagner had been training had only recently had a litter of pups. Wagner was showing one of the pups to Inventory clerk E. H. Sanders Jr. when a heart seizure felled him.

Wagner was Mississippi's most wanted killer and most renowned escape artist when he was cornered by a posse of highway patrolmen near Scooba in Kemper County Jan. 29, 1958.

The body was taken to National Funeral Home in Clarksdale where it was to be removed to Weber City, Va., by Scott County Funeral Home.

Wagner was one of the South's most widely-known gunmen.

Not since the days of the James brothers has a man with a deadly aim inspired so many legends.

In his lifetime, the legends began to push the facts aside as tales of Wagner's exploits began to circulate through the Southern High lands in which he lived.

Folk Song

Part of the legend has been perpetuated In "The Ballard of Kinnie Wagner," a folk song.

And James Street, in an anthology of Southern folklore, included a story about Kinie Wagner. The story was not exactly true and the gunman's name was misspelled but the mere fact it was printed is evidence of the legend.

More recently, he was the subject of a radio version of "Wanted" and a television show was filmed to present his career. His life has been portrayed in a comic book.

Started In 1924

Wagner's killing began on Christmas Eve of 1924 when he shot Deputy-Sheriff Murdoch MacIntosh to death In Greene County, Miss., as officers were about to question him about a robbery.

After killing the deputy in Mississippi, he escaped to East Tennessce and Southwest Virginia. Four months later he was surrounded by Kingsport and Sullivan County law officers.

In the gun battle, he killed Kingsport city policeman John Smith and Sullivan County deputy Hubert Webb. Deputy George Frazier was wounded.  

Went On Trial

Wagner was caught the next day in Virginia and was returned to Kingsport.

He was tried at Blountville and sentenced to death in the electric chair, but he won an appeal for a new trial in July, 1925. Before the trial was re-scheduled, Wagner escaped.

This time, Wagner abandoned the hills for the Southwest. Some say he went to Mexico. But he showed up in Texarkana, Ark., where he was charged with slaying two Carter Brothers. He gave himself up to a woman sheriff there.

Arkansas turned him over to Mississippi where he was tried and convicted for the murder of Deputy Mclntosh. He was sentenced to life imprisonment and in 1926 he began serving his term.

Escaped Three Times

Three times he escaped. The last time, March 15, 1948, he managed to elude the law for seven years.

During his stay in prison, Wagner was usually a model prisoner. Several times he returned to his native Southwest Virginia home on furlough.

Once, at Christmas time in 1945, a Kingsport Times - News staff writer, Eileen Crawford (now Mrs. Cham Cannon) obtained a copyrighted interview with him.

Mrs. Cannon reported Wagner wanted a pardon and wished to "spend the rest of my life helping young people stay out of crime."

He told her that he "came from a broken home" and did not have the guidance to keep him from crime. "I want to devote the rest of my life helping young people see right from wrong, so they will not make the mistakes I made," he was quoted as saying.

Wagner is survived by his father, Charlie M. Wagner of Speers Ferry, Va.; his stepmother, Mrs. Louisa Wagner: seven sisters, Mrs. Joe Mann of Gate City, Mrs. Rinda Tunnel of Lexington. Ky., Mrs. Rod Bellamy of Donovan, Ind., Mrs. C. W. Cunningham of Kingsport, Mrs. Frank Adams of Robinette, W. Va., Mrs. Carl Winkle of Speers Ferry, Mrs. Jack Seckler of New York; four brothers, Oscar Wagner of Gate City; Kelsie and J. C. Wagner of Kingsport and Robert C. Wagner of Washington, D. C.

The Ballad of Kinnie Wagner

(Author:Vernon Dalhart, written about 1927)

"I'm sure you've heard the story

called the Kinnie Wagner Song

How down in Mississippi

I took the road that was wrong.

"It was down in Mississippi

where I shot my first man,

when the Sheriff there at Leaksville

for justice took a stand.

"Then I went from Mississippi

to the state of Tennessee,

Two men went down before me,

and they took my liberty.

"I wandered through the country

but I never could find rest

'till I came to Texarkana,

a way out in the west.

"Again I Started drinking

and again I pulled my gun,

and within a single moment,

the deadly work was done.

"The sheriff was a woman,

but she got the drop on me,

I quit the game and surrendered,

gave up my liberty.

"Now I'm down in Mississippi,

and I soon, shall know my fate,

I'm waiting for the trial,

but I do not fear the case.

"For still the sun is shining

and the sky is blue and fair,

My heart is not repining,

for I do not fear the chair.

"Young boys, young boys take warning,

Oh, take my last advice:

If you start the game in life wrong,

you will surely pay the price.

(Submitted by Delmar Fraysier)

The newspaper source of this UP story has not been determined.

South's Most Colorful Badman - Kennie Wagner Dies

PARCHMAN, Miss., March 9 [1958] (UP) - Kennie Wagner, one of the South's most colorful badmen, died today of a heart attack at the Mississippi state penitentiary.

Prison Supt. Bill. Harpole said the 56-year-old killer of' at least four persons died at 3:45 p.m. (CST) while attending .a litter of German shepherd puppies he planned to train.

Wagner had been in and out of the prison hospital since his most recent capture in January of 1956.

The one-time circus trick shot artist whose career in crime started in the early 1920's was convicted of a triple slaying in Tennessee and another murder in Mississippi. He also was captured with a double--murder near Texarkana, Ark., but never brought to trial and was under suspicion of murdering two Negroes in Northeast Misissippi in 1941.

Over the years he made three prison escapes and spent most of his time wandering the mountains of Virginia and Tennessee and the Red Hills of North Alabama.

In addition to the Tennessee and Mississippi slayings, Wagner was charged with the slaying of Sam and William Carper near Texarkana, Ark., in 1926, but was never brought to trial in that state.

Wagner was born in Spears Ferry, Va., was a rural mail carrier at Gate City, Va., and later a circus trick shot artist and dog trainer before beginning his long career of crime. It started with the theft of a watch in Grenada, Miss., in the early 1920's.

On Dec. 24, 1924, he shot and killed Greene County Deputy Sheriff Murdock Macintosh who sought to arrest him at Leakesville, Miss.

On April 13, 1925, Tennessee Authorities attempted to arrest him at Kingsport.

In a gunbattle, Wagner killed J. F. Smith of the Kingsport police force and Deputy Sheriff  H. G. Webb and critically wounded Deputy Sheriff G. Frazier. Frazier died a short time later.

Wagner surrendered the day following the shooting. He was tried at Blountville, Tenn., and sentenced to death.

While awaiting an appeal of the death sentence, Wagner and six other prisoners overpowered a jailer and two guards and escaped from the Blountville jail July 10, 1925.

He was next heard from in August, 1926, when he walked into the office of Sheriff Lily Barber at Texarkana, Ark., and surrendered, saying he had just killed two men. Although the bodies of Sam and William Carper were found southeast of Texarkana, Wagner was not brought to trIal but was turned over to Mississippi authorities and returned to face trial for the slaying of the Greene County deputy.

He was convicted of Macintosh's death and sentenced to life imprisonment when the jury, sitting at Meridian, Miss., was unable to agree on a penalty.

Placed in Parchman, Wagner escaped in 1927 and was recaptured after a gun battle. He escaped again in 1940 and for the third time in 1948.

Under Mississippi's system of using convicts as armed guards at Parchman, Wagner, despite his four murder convictions and two escapes, was made an armed trusty at the prison.

In 1940, he. kidnaped Prison sergeant J. C. Fowler and fled. He was recaptured in 1943 near Bristol, Virginia-Tennessee and returned to Parchman.

According to FBI records, Wagner hid out around Iuka and Corinth in northeast Mississippi during 1941. Two Negroes were killed in that area and Wagner was considered a suspect in their deaths.

After being returned to Parchman in 1943 Wagner again was made an armed trusty. According to legislative investigation testimony, Wagner allegedly was subsequenltiy given 10 leaves of absence from Parchman to visit his folks in Virginia, unescorted.

He took the high-powered rifle he used as a trusty guard with him when he made his third escape.

Wagner is survived by his father, Charles M. Wagner, and his step mother, Mrs. Louisa Wagner, both of Speers Ferry, Va.; seven sisters, Mrs. Joe Mann, Gate City, Mrs. Renda Tunnel, Lexington, Ky., Mrs. Rod Bellamy, Donnivan, Ind., Mrs. C. W. Cunningham, Kingsport, Tenn., Mrs. Frank Adams, Robinette, W. Va., Mrs. Carl Winkle, Speers Ferry, and Mrs. Jack Seckler, New York; and four brothers, Oscar Wagner, Gate City, Kelsie and J. C. Wagner, both of Kingsport, and Robert C. Wagner, Washington, D. C.

The body will be returned to Scott County Funeral Home in Gate City.

This is a letter Creed Frazier wrote to the local Scott County paper about Kinnie Wagner.   Creed had a few run-ins with Kinnie while Creed was sheriff of 

Scott County.  Kinnie also wounded Creed’s brother George in the shoot out in Kingsport TN.  I left all wording exactly as it was printed.   Going by a
date in the letter this was written around April 13, 1926.  (Gary Frazier)

Dear Mr. Editor:

     Please allow me to make an appeal through your paper.  I am going to give a short story of Kinnie Wagner and ask the law abiding citizens to help the 
officers apprehend him.

    Kinnie Wagner has been a criminal ever since he was a boy.  He has been in jail charged with theft, forgery, rape and murder. He was in jail in Gate City 
charged with rape while I was Sheriff of Scott County.  He had a bad jail record. 

       One year ago today April 13, 1925 my brother and two other officers were shot from ambush at Kingsport TN.  That awful tragedy is well known to the people 
in this part of the country.  Kinnie Wagner the assassin was arrested, tried at Blountville, Tenn., and sentence to die in the electric chair.  But by the help of his friends he broke jail, July 20, 1925 and by the help of his friends, he is still at large against the peace and safety of society.  He will continue to rob and kill as long as he is out of jail.  He is being kept out by some men who ought to stand for law and order.

    Kinnie is being held up to the boys of this country as a hero and a fine fellow.  This is evidently having a bad influence on our boys.  They hear his friends 

boast how he can shoot (and he is a crack shot) and how he can kill and bully officers.  They hear the Kinnie Wagner records played on the phonographs.  
And some of these boys imagine they want to be like Kinnie.  Listen to me boys, here is the true story of Kinnie Wagner: 

    After being released from jail here for rape etc., he joined a wild west show and went south.  He was a bronco buster and expert pistol shot.  He quit the show 

in southern Mississippi and became a gambler and holdup man.  One day he was arrested and charged with stealing a watch and $13.00 in cash from a man 

who had been his friend and companion.  For this offense he was arrested and lodged in jail in George County, Mississippi.  One day when the jailer went to 

feed him he knocked the jailer down ran over him and made his escape.  Soon after this he was located in Green County, Mississippi by Sheriff  W. J. Turner. 

The sheriff and two of his deputies went to arrest him.  He was in an old cabin near a swamp.  Sheriff Turner called on Kinnie to come out and surrender.  
Instead of submitting to the law he fired through the cabin door with a shotgun and killed Deputy Sheriff McIntosh.
    He leaped out over the officer’s dead body and dashed into the swamp and made his escape.  This was on December 24, 1924.  He then made his way back 

to his people in Virginia and Tennessee, where he scouted until April 13, 1925 when he stood behind a big sycamore tree and shot three officers who had been
called out to arrest some boys and girls for lewed and lincencious conduct.  These officers were murdered in cold blood as was poor old Jake Hensley on the

night of November 18, 1925. 

    Here we are boys, Kinnie Wagner is now a fugitive from justice with a sentence of death against him and a reward of $2750 for his body dead or alive.  

Now boys, is this the kind of hero you want to be.  No, a thousand times no. 

    Kinnie’s race will doubtless be short and stormy from now on.  He can’t come out and do honest labor.  He must kill and rob or steal for a living.  He can’t 

be a citizen any more.  He can’t go to church.  He can’t stay with good respectable people.  He can’t do any thing that a good man does.  He must hide away 

like a wild beast.  He is afraid for anyone to see him.  He is outlawed a man without a home and without a country.  Like Cain of old he is a marked man.  

He will doubtless go as other outlaws have gone.  The lives of Dutch Anderson and Gerald Chapman are fresh on the minds of our boys. 

    Remember crime brings destruction to a criminal in this country.

    I appeal to the good citizens of this country to help bring this young desperado to justice.  I know the outlaws and bad men will protect him unless he should

kill some of their gang and then they would go straight to the officers for protection.  Again I appeal to the boys of this country not to follow Kinnie Wagner.

Sincerely Yours

Creed Frazier

TEXARKANA, EVENING NEWS WEDNESDAY AUGUST 18,  1926

THIRD VICTIM NEAR DEATH:

BRAGS OF CRIME

Texas Slim Says Darkness Alone Saved Bob Carper’s Life.

Harvey Logan, alias Texas Slim, slayer of Sam and Will Carper, who also shot and dangerously wounded Bob Carper, 22, in a fight on the E.P. Williams farm, 10 miles southeast of Fouke, late Tuesday night, was brought in by a posse of citizens to whom he surrendered, to the Miller county jail at 4 o’clock Wednesday morning, and turned over to Sheriff Lillie Barber.

The shooting was the climax of a quarrel that began during the afternoon and was renewed again after nightfall.  The two dead and the wounded man, worked on the Williams farm.  Will and Bob Carper, 22 and 24 years, respectively, both leave families.

Logan, said to be a stranger in this section, came to Miller county two or three weeks ago and created a reputation of being a gunman.  It was also thought that he was wanted by authorities elsewhere.  County officials here frequently received complaints about Logan, who was said to have flashed a six shooter, but they were never able to arrest him.  It is believed he had warning of their coming.

CARPER REPORTED DYING

According to reports received at the sheriff’s office, Bob Carper, who was shot above the lap, was reported in a dying condition Wednesday morning.

After his surrender to Sheriff Barber, Logan made a statement in which he declared that he usually had two guns, but had loaned one earlier in the day.  Speaking of the shooting, he said that an argument started while Bob Carper was hitching up a team to go after his wife.  He said Sam Carper asked him for his gun, saying that he would stop the quarrel as he didn’t want to see any trouble start.  Logan said he gave Carper his pistol.  Then the Carpers started in to beat him up, he said, one of them using a singletree.  He grappled with Sam Carper, taking the six shooter away from him and then opened fire on Sam and Will.  Bob Carper started to run and he shot him in the body.  He also said he would have killed Bob, but there wasn’t enough light for him to see. 

SLAYER UNCONCERNED

According to jail attendants Logan seemed unconcerned by the killing and talked freely of other trouble he had been in, hinting that he had other killings to his credit. 

Officials here believe he is wanted by authorities elsewhere and that he has a long criminal record.  When he was locked up in his cell at the county jail, the man got violent and said that if kept in a cell he would get “mean”.

TEXARKANA EVENING NEWS AUGUST 19, 1926

“I SLAY ONLY IN SELF-DEFENSE,” SAYS YOUTHFUL MAN-KILLER

“I am willing to return to Tennessee without extradition, but, will fight being returned to Mississippi,” said Kennie Wagner, young gunman, who is being held in the Miller County jail for the fatal shooting Tuesday night of Sam and Will Carper, and the serious wounding of Bob Carper in a fight on the E.P. Williams farm, 10 miles southeast of Fouke. 

Admitting Thursday that reports received from Kingsport, Tenn., and from McClain in Greene County, Mississippi, that he is wanted for murder at both places and that heavy rewards are being offered for his capture, are true.  Wagner declared that while he would probably not get a square deal in Tennessee he was willing to return there because it was his home.  In Mississippi he would not get a fair trial, he said.  Wagner declared he had nothing to fear if given a fair trial for the cases now pending against him in Miller County.

He said he decided not to make a get-away following the killings Tuesday night, and after evading posses for several hours met a couple of friends to whom he surrendered, telling them he wanted to be brought to Texarkana so he could give himself up to Mrs. Barber.  He said the novelty of surrendering to a woman sheriff, appealed to him.

Talking of the Miller County slayings, he said the Carpers, could not have been a better friend.  He regretted the necessity of shooting them, but pointed out that they were beating him up, on of them using a singletree.  After he had been knocked down, he said, and while still partially dazed, he pulled his gun and began shooting.  He said he shot wildly and didn’t know how many times he had fired.  He said he could establish a plea of self defense.

“I have never taken a man’s life, except when it was apparent to me that my own was in jeopardy, nor, have I ever been in any other kind of trouble except in Mississippi, where I was a victim of a frame up,” he went on.

“I never stole anything in my life,” he explained.  The charge was a frame up.  I repeatedly told the sheriff that he knew there was nothing to it, and told him I was not going to stay there.  He laughed at me and kept telling me how many years I was going to get.  One day I did what I told him I would do, ran out over him.  A deputy sheriff by the name of McIntosh tried to stop me and when he pulled up a shotgun and threw it in my face, I shot him first through the arm, and then through the left side near the heart.”

TENNESSEE SHOOTING

Describing the Tennessee trouble, he said that Kingsport officers named Webb and Smith attempted to arrest him and that the shooting followed.  According to his version, the officers fired at him without warning, and believing they meant to kill him, he shot them both to death.  A third officer was dangerously wounded, but did not die, he said.

Wagner said he surrendered following the shooting, was tried and convicted and sentenced to the electric chair.  His lawyers obtained a new trial and while this was pending he led a jail delivery from Blontsville where he was being held.

According to reports from Bristol, Tenn., a brother of Wagner’s smuggled firearms to him, with these he held up the guards and led a bunch of prisoners to liberty.  Wagner made his own way to Texas, working on a farm near Fort Worth until a few weeks ago when he came to Miller County.

Police of Memphis, Tenn., Wednesday night telephoned the Miller County authorities to keep an eye on Wagner, who is regarded as one of the most dangerous and desperate characters the authorities in that state have ever handled.

TEXARKANA EVENING NEWS AUGUST 20, 1926

CARPER SLAYER IDENTIFIED AS KEENIE WAGNER

SHERIFF OF BLOUNTSVILLE, TENN., CERTAIN HE IS FAMOUS KILLER.

Following a long distance conversation with Sheriff Joe Thomas at Blountsville, Tenn.,  Mrs. Lillie Barber, Miller County sheriff, holding in custody Kennie Wagner, charged with the murder of Sam and Will Carper and the serious wounding of Bob Carper in a fight last Tuesday night at the E.P. Williams farm in south Miller county, asked Wagner several questions submitted by the Tennessee sheriff, and received answers that are taken as positive identification of Wagner, as the man he has admitted his name to be.

Under Sheriff Thomas’ direction, Wagner was asked the name of the jailer in Blountsville at the time he made the break for freedom with several other prisoners.  He promptly answered, “Barr,” but was unable to give his first name.  He told her that Joe Thomas was the sheriff, that he was tried by Judge Chase, the judge who granted him a new trial his murder case there, and also gave her the names of a number of the prisoners who made the break with him.

SURE OF IDENTIFICATION

When these answers were given to Sheriff Thomas, he stated that there is no question but that Miller County is holding a man he wants badly.  Sheriff Thomas stated that one of the officers killed in the Kingsburg shooting was his deputy.  The sheriff also stated that if Wagner is tried here, he will attend the trial.  He did not state to Mrs. Barber whether he would ask for the return of Wagner. 

Before leaving the wire, he cautioned Mrs. Barber to be particularly careful in handling Wagner, saying: “He is the most dangerous criminal that Sullivan County has ever had in its jail.  Don’t take any chances with him or afford him the slightest opportunity to break.”

Mrs. Barber stated Friday morning that the circumstances of the jail delivery at Blountsville, coincides with those given her by Sheriff Thomas and that the questions answered by Wagner, could not have possibly been known to Wagner, without his being the man who was actually in the Blountsville jail at that time, and the events that transpired when the delivery was made.

GUARD AGAINST BREAK

In this connection, Mrs. Barber has issued specific instructions that every precaution be taken to prevent a possible delivery from the Miller County jail.

No information has been received from the Mississippi authorities to date relative to whether or not they want Wagner returned to Mississippi.

TEXARKANA EVENING NEWS August 21, 1926

CARPER SLAYER MAY BE GIVEN TRIAL MONDAY

“IF YOU CAN’T CONVICT HIM, WE CAN,” WIRE ASSERTS

Hattiesburg, Miss., Aug.21 (AP) Forman request today was made to the Miller County, Arkansas, authorities for the return to Green county,  Mississippi of Kennie Wagner, former circus rider, ex-cowboy and gunman, who is wanted for killing Deputy Sheriff Murdock McIntosh on Christmas eve 1924.  The request was made by Sheriff W.J. Turner, who said: “If Arkansas cannot make out a first degree murder case against Wagner, Mississippi can.  Will you let us have the man?”

Formal request from the Mississippi authorities asking for the return of Kennie Wagner to that jurisdiction, forwarded to the Miller County authorities, had not been received by telegraph at the office of Mrs. Lillie Barber, sheriff of Miller County, this afternoon.  It is presumed that the request is being made by mail. However, Mrs. Barber stated she was unable at this time to say what action will take with regard to the surrender of Wagner to the other states.

Developments in the case of Kennie Wagner, reputed bad man and gun wielder, had not assumed any definite shape Saturday insofar as immediate action is concerned.  James D. Cook Jr., deputy prosecuting attorney, stated that he might elect to hold a preliminary hearing Monday as regards the Miller County cases against Wagner, although definite decision has not been made. Wagner is held for the slaying of Sam and Will Carper and the wounding of Bob Carper near Fouke, last Tuesday night.

Interest among the local authorities is now centering on the possibility of a contest between the authorities of Mississippi and Tennessee for possession of the noted prisoner.  Both states want him badly in connection with killings, with Tennessee conceded to have somewhat the better claim on the ground that he has been tried  and convicted there, with consequent imposition of the death penalty.  Local officials are hopeful that between now and the first of the week something definite may be heard from both Tennessee and Mississippi, as to the exact status of affairs in those states.

TRIAL HERE LIKELY

However, it is generally the opinion that Wagner will first be given a trial in Miller County, even in the event that he will later be delivered to the authorities of one of the other states.

In the meantime the prisoner apparently is satisfied with his lot as an inmate of the county jail, where he is getting good treatment, good food, and plenty of company.  In all of his conversations he continues to say, he does not regret having given up to the Miller county authorities, and that he does not fear the outcome of the case against him here.

TEXARKANA EVENING NEWS AUGUST 23, 1926

WAGNER TO GET A TRIAL HERE

OFFICERS OF MISSISSIPPI AND TENNESSEE WILL HAVE TO WAIT.

“Miller County has the first call on Kennie Wagner, no matter how badly he may be wanted elsewhere.”

This statement was made this morning by Mrs. Lillie Barber, sheriff of Miller County, in whose custody Wagner is now held following his surrender a few hours after the fatal shooting of Sam & Will Carper, and the serious wounding of Bob Carper, during a fight on the E.P. Williams farm the night of August 17.

The first intimation given Mrs. Barber that any sheriff from either Tennessee or Mississippi, interested in this man would be in Texarkana, was the announcement in the press this morning, to the effect that Sheriff Thomas accompanied by a number of others would be in Texarkana for the purpose of identifying Wagner and if possible to take him back.

It is possible, says Mrs. Barber, that one of the other of these states will eventually get Wagner, but Miller County has the first call, no matter how badly he may be wanted elsewhere.

Sunday, Wagner saw a number of people from his home country around Virginia, these have motored from Hot Springs, expressly to see him.  He recognized his visitors and talked with them about various persons back home, asking specifically about matters that nobody but Wagner could be cognizant of.

Just when visiting sheriff and his party will arrive in Texarkana could not be learned here, owing to the sheriff’s office in Miller County not having been directly advised of their coming.

TEXARKANA EVENING NEWS AUGUST 24, 1926

WAGNER CASE UP TOMORROW

GUNMAN TO ANSWER FOR KILLINGS; MISSISSIPPI SENDS FOR HIM

“Hello Turner” was Kennie Wagner’s greeting when A.J. Turner, the sheriff of Green County Mississippi, stepped up to the bars of the cell on the top floor of the Miller County jail where the now famous gunman and slayer of five is confined.  Wagner is held pending decision as to what disposition is to be made of him once the charges against him in Miller County have been heard in a preliminary trial before Municipal Judge Louis Josephs, Wednesday morning. Turner is anxious to get possession of Wagner declaring that Mississippi has a case that will stand up.  McIntosh, the man he killed, was one of the best peace officers in Mississippi, and the best man on the staff at the time, said Sheriff Turner.  “Yes, Mississippi wants him.”

Witnesses have been summoned to appear in municipal court here on Wednesday morning in the case of Kennie Wagner, gunman, charged with murder for the slaying of Sam and Will Carper, and also to answer for the wounding of Bob Carper in a fight that occurred on the E.P. Williams farm 10 miles southeast of Fouke, on the night of August 17.

Whatever the outcome of this hearing, the presumption is that Wagner will be delivered into the custody of some officer either from Mississippi or Tennessee, regardless of the question of the reward offered for his apprehension amounting to $1000 in one state and $1500 in the other.

SECRET CONFERENCE

Sheriff Turner, of Green County, Mississippi, whose deputy was killed by Wagner after the latter had broken out of jail under the eyes of the turnkey at breakfast hour, who arrived in Texarkana late Monday night, was in conference with Mrs. Lillie Barber, sheriff of Miller County.  Tuesday morning but the result of this conference had not been made public at the noon hour.  Up to that time, Sheriff Turner had not seen Wagner at the Miller county jail.

When Sheriff Thomas, of Blountsville, Tenn., will arrive in Texarkana is not known, or whether he has taken steps preliminary to his visit here to procure honoring of an extradition request from Gov. Terral has not been learned.

Disposition of the prisoner, insofar as the outside authorities are concerned will probably not made until after the hearing based on the Miller County killings.

FRIENDS AFTER REWARD

It is rumored that Charley Williamson and others who accompanied Wagner to Texarkana on the morning that he surrendered to Mrs. Barber have retained an attorney on the ground that they are entitled to any reward offered for Wagner.  They make this contention because of the fact that Wagner came to them and asked them to bring him to Texarkana.

It is understood that Wagner went to Williamson’s house and asked to be brought to Texarkana and that they complied delivering Wagner to the jail.

TEXARKANA EVENING NEWS AUGUST 25, 1926

CARPER KILLER WAIVES RIGHT OF ATTORNEY

FAMOUS GUNMAN HELD FOR ACTION IN MILLER COUNTY JURORS

Four witnesses of seven called were used by the state, represented by James D. Cook Jr., deputy prosecuting attorney, to establish in municipal court before Judge Louis Josephs this morning its case of murder against Kennie Wagner, notorious gunman, admitted slayer of five men and wanted in three states, charged in three states, charged in this instance with the killing of Sam Carper, on the night of August17 during a fight on the E.P. Williams farm southeast of Fouke.

At the close of the testimony in the hearing during which Wagner waived his right to an attorney, declaring that he did not care to hire a lawyer for a preliminary hearing, Judge Josephs ordered that Wagner be held to the Miller County grand jury and remanded him to the custody of Sheriff Lillie Barber without bail.

ORDER MAINTAINED

Prior to the hearing Judge Josephs insisted that absolute order must be maintained, and asked that the space inside the bar railing and the aisles be kept clear.  This was in deference to the reputation of Wagner, as a seeker after freedom, at any cost.  Jess Carper, brother of Sam and Will who were killed by Wagner, Bob Carper, brother, who was wounded by Wagner, Effie Carper, a sister, and Mrs. Mary Clark were the four witnesses used by the state.

Jess Carper testified that his two brothers were dead, and described the wounds on their bodies.  He stated Sam had two wounds in his neck two inches apart, and one through the breast near the heart.  Will was shot in the breast.  Bob Carper described in a hesitating way the events leading up to the fatal shooting of his brothers, during which he said Wagner invited him to a duel with pistols and offered to lend him a gun.  This the witness declined, he said, but offered to fight it out with fists.  He testified that he saw Wagner holding Sam around the neck, that Sam appeared to be trying to get loose and saw Wagner shoot his brother first in the neck , then in the body.  Wagner then turned, said witness, and killed Will.  He stated he ran, and Wagner shot at him and missed.  He jumped a fence and fell, and Wagner, following him, shot him in the hip.  He said the whole argument started because Wagner refused to give them a drink of his whisky.  Effie Carper testified to hearing some heated argument and to hearing the shots.  When she reached the barn lot, she found her brothers dead.

Mrs. Clark testified that shortly after the hearing of shots, Wagner came to her father’s house, where she was and came in with a gun in his hand.

He said he had been in a racket, and that he fired the shots heard and also stated he was sorry he had to kill Sam Carper, but they were all on him.  She testified she knew him as Logan or Slim.  On cross examination by the defendant, she testified that she was frightened and when he saw her trembling he said to her not to be afraid, that he did not mean any harm, and gave his pistol to her husband.  When he left, Wagner did not say where he was going.  As he went out of the house he picked up a shotgun, taking it with him, but without ammunition.

With this testimony, the state rested his case.  Wagner asked if he wished to make a statement, said he had nothing to say.  The courtroom was crowded, and it was necessary for the officers to make a passageway through the crowd, before they could take the prisoner out.  Attending the trial were Sheriffs A.J. Turner from Green County, Mississippi, and Joe Thomas from Sullivan County, Tennessee.

TEXARKANA EVENING NEWS August 27, 1926

KENNIE WAGNER TO MISSISSIPPI

REQUISITION FOR NOTED GUNMAN HONORED BY GOV. TERRAL.

Little Rock, Aug. 27 Governor Terral today planned to send to Texarkana a warrant authorizing the return of Karl Kennie Wagner, to Mississippi.

The requisition will be granted, he said, on the recommendation of Prosecuting Attorney Dexter Bush, who suggested that Wagner be turned over to Mississippi on a charge of killing Deputy Sheriff McIntosh at Leakesville two years ago.  If punishment meted to Wagner in that state is not considered severe enough, it is agreed that he be returned to Miller County for trial for the alleged murder of Sam and Will Carper.  The Mississippi trial court convenes two weeks earlier than does the Miller circuit court.

Bush’s recommendations were telephoned to him by Sheriff Lillie Barber, the governor said.  “There is certainly not necessity for a hearing.  If Wagner wants to fight extradition, let him fight,” he declared.

This was sent to me (Gary Frazier) by descendants of Mary and William Carper.
Harvey Logan (AKA Kinnie Wagner) was staying with them while on the run from the law.

This is a story told by Mary Jane Thomas-Carper:

     On the day of October 24, 1919, I became the wife of William F. Carper. We lived out in the country near Garland, AR.  We were very happy together.  We had three little children.

     On April 5th of 1926, my brother-in-law, Sam Carper came to our house with a strange man.  Sam introduced this man to us as Harvey Logan.  Mr. Logan was extremely tall & slim.  He had black hair that he parted down the middle.  He told us he was twenty-one years old.

     Sam asked my husband & I if it would be alright for Mr. Logan to stay with us for awhile.  Of course we made him welcome at our house.  He soon became as one of the family.  If he wanted to go into the kitchen & eat between meals, he felt free to do so.  We opened our home completely to him.  When we went visiting, Slim, as we soon began to call Mr. Logan, went right along with us.

     Anytime Slim took a notion to go off for a few days, he always rode my husband's pony.  Sometimes he would be gone as long as three days at a time.   We never questioned him about his goings or comings.

     Sometimes though, his conduct was a little strange.  If we were all out on the porch & a car came along the road, Slim always got up and went into the house until the car went on by.  If it happened to turn in and stop at our place, he would not come out until he found out who it was.  If we were all in the house and someone came up, he would step behind the door until the person either left or we assured him the person was a friend.  Still we weren't suspicious of him.  We had no idea that he had killed some police officers and that the Mississippi & Tennessee sheriffs were looking for him. 

     One Sunday afternoon Slim came riding up on my husband's pony.  He had been gone for several days and seemed glad to be back with the Carper boys again.  They shot his gun for awhile to see which one was the best marksman.  This particular Sunday, my brother-in-law, Ike Carper was visiting with us.  Late this afternoon Ike mentioned that he had to get home.  He lived out from Fouke, AR about 12 or 15 miles from us.  He invited Slim to go home with him so Slim accepted the invitation.  Ike & Sam were not married but they lived with their sister, Tennie.  She was not married either but she did keep house for her brothers.  Before Ike and Sam left, they hitched the team up to the wagon and decided to go in it.  On the way home they stopped at a colored man's house where they had been buying boot-legged whiskey.  There they got a 10 gal. keg of whiskey & put it in the wagon and went on down to Ike and Sam's house.

     The next day my husband told me to get the children ready and we would go and stay a few days with Ike, Sam and Tennie.

     On Tuesday, Aug. 17th before Sam went to his job, he told Ike, Slim and my husband to pour the whiskey from the 10 gal. keg into some fruit jars and hide it.  He was afraid the Revenue Officers might come and search the house and find it.  By this time one other brother-in-law, Bob Carper had come.  Bob helped the others put the whiskey into small jars and hide it. 

     That afternoon when Sam came in from work, he asked the men if they had gotten rid of the whiskey.  They assured him that they had.  They told him they had one quart jar left at the house that they were drinking from.  They continued to drink form the jar as they did the night work up.

     After they had finished with the chores, they were called to supper.  They all began to wash and get ready to eat.  Sam went to the dresser to comb his hair and they he noticed that the jar with a little bit of whiskey in it was sitting on the dresser.  He picked the jar up and threw what whiskey was left in it out of the window.  When he did that, Slim got mad at him and said, "Sam, let me see you outside."

     Sam walked out into the horse-lot with Slim.  Bob, my husband and I walked out on the porch as Sam and Slim walked on into the lot.  We stood there and listened to them talk.

     We heard Sam say to Slim, "Slim, aren't you taking something off of me?"  Slim really wasn't taking anything off Sam, but he was pushing Sam's gun on down farther into his trousers where Sam couldn't get it if he reached for it.

     Slim answered and said, "No Sam, I wouldn't do you that way.  I think too much of you.  I never had a friend since Mother died until I met you."

     Then my husband said to Bob, "Let us see what it is, Bob."

     The men started out to the lot where Sam and Slim were.  I caught my husband by the hand and told him not to go out there.  He pulled loose from me and said, "They aren't going to do anything."  Just as my husband and Bob got into the lot, Slim shot Sam three times.  Then he shot and killed my husband.  As my husband fell, Slim shot at Bob and missed him.  Then Bob jumped over a fence into the cotton patch.   Slim then ran up to the fence and shot and hit Bob this time in the thigh as Bob continued to run thru the cotton.  Bob hid there in the cotton although Slim looked form him for quit awhile.

     While Slim was searching for Bob, Tennie ran to a neighbor's house to get help.  After a while Slim gave up looking for Bob and he too went to a neighbor’s house to get help.  There he confessed that he had killed Sam and Will Carper and he thought he had wounded Bob.  He told them his real name was Kenny Wagner and that he was wanted in the states of Tennessee and Mississippi for killing some law officers.  Then he told the neighbor that he was going back to the Carper house and see for sure just how many he had killed.

     He came on back but he did not come into the house.  He stood out by the wagon and yelled, "Hello, hello, is Slim here?"  By now I was certainly afraid of him and I would not answer him.  The children were all asleep and I stayed real quiet.  Soon he left. 

     Bob soon left the cotton patch and went to a neighbor lady's house.  He told her what had happened and asked her if she would call the sheriff.  The lady thought Bob had just been drinking and had made the whole story up but he assured her it was true because he had been shot too.  The lady told Bob he would have to show her where he had been shot, then she was glad to make the call and help out in any way possible.

     Soon several neighbors were there and ready to help in any way, but what can be done under such circumstances?

     Kenny Wagner did give himself up that night.  Sometime in Oct. he was given a Preliminary hearing and was charged with "Cold Blooded Murder" as they called it in those days.  The Arkansas sheriff turned him over to the Mississippi sheriff since he was wanted there for the murder of the police officers.  He died about 2 years ago in the Mississippi pen.

     There have been many stories written about this killing.  Many writers have played Kenny Wagner up as some great hero.  I would like for the public to know the truth of this matter.  My husband nor Bob either had a gun that night.  In fact, the only gun that was ever drawn was Kenny Wagner’s.  Sam had his gun on him the night he was killed, but due to the fact that Kenny Wagner pushed it so far into his trousers made it impossible for Sam to get to it if he had wanted to.  When Sam's body was lifted off of the ground that night, his gun fell out from his trouser leg.

     So Kenny Wagner wasn't such a hero.  Didn't he repay us for the months of lodging at our house?  The free meals and the laundry of his clothes?  But there is one thing that's sure - one of these days he will have his reward just as each of us will!

     My husband was killed Aug. 17 and I gave birth to another baby March 3rd.  Can you imagine the mental anguish of raising four children up without a Daddy?  I never did marry anymore.  In a few years I moved to Texarkana, AR.  With my children and brought them up as best as I could.

     I do hope this will be the last time this story will ever be published.  I would like to say though that Bob and Ike Carper quit their drinking and are living good Christian lives.  My daughters have both married Assembly of God ministers and have their own families.  My oldest son was drown in a fishing mishap 12 years ago.  My son who was born after my husband was killed is living in Houston, TX.  I am living alone but I am happy.  I am sorry about the past, but we do all have the future to look to.