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Archiver > INMONROE > 2001-05 > 0989327459


From: Randi Richardson <>
Subject: [INMONROE] Whitecapping: McFarland--Grubb/ Hatton/ Snoddy/ Adams
Date: Tue, 08 May 2001 08:28:10 -0500


Bloomington (IN) Weekly Courier, Nov 21, 1911, p. 4.

WHITECAP CASES

The whitecap jury: Dr. J. A. Woodburn, University professor; Charles
Franzman, stone man; S. W. Collins, grocer; Orville Butcher, farmer; Sandy
Cardwell, factory employee; Walter Parham, painter; Norman Johnson, farmer;
W. J. Dodds, stone mill operator; Dr. W. L. Luck, optician; Dick Strain,
farmer; George Hensely, farmer; and Samuel Woodburn, farmer.

The above men were sworn in at three o'clock yesterday afternoon to try the
cases against Jack Grubb, George and Arthur Hatton and William Snoddy, all
of Salt Creek Township, who are charged with whitecapping Harvey McFarland,
a farmer near Harmony, on the night of May 4, 1911.

Nearly the entire special venire of twenty-five was exhausted before a jury
was obtained. Each of the jurors were asked the following questions by the
state's attorneys: "Do any of you believe whitecapping is justifiable
under any circumstance? Do any of you have relatives or friends who are
members of what is known as the whitecap organization? Are you a
whitecap?" All replied in the negative.

Prof. A. M. Brooks, of the department of Fine Arts of Indiana University,
was called to the box and was questioned by the attorneys for the
defense. Judge Miers asked him the question: "Mr. Brooks, did you not
state in the court room this morning that you are opposed to whitecapping
and that you would be glad to get on the jury," and the answer was in the
affirmative. The defense then excused Mr. Brooks for cause, but Judge
Wilson held that the answer of the professor did not disqualify him, as he
had been drawn as a member of the special venire and had not solicited a
place on the jury. The defense then excused Mr. Books on a peremptory
challenge.

Deputy prosecutor Regester made the opening statement for the state in
which he said that the scene of the whitecap outrage took place on a farm
ten miles southeast of Bloomington, on a tract of 60 acres owned by Martha
J. McFarland, the sister of the chief prosecuting witness. He said that
Tobe Snoddy had owned a 90-acre tract adjoining the land of Miss McFarland
and that there was a school fund mortage on the Snoddy land. He said
Snoddy had owed a sum of money to Harvey McFarland and had given the school
fund mortgage as security. He said Snoddy had defaulted in the payment of
the school fund mortgage whereupon county auditor Blakely sold the land the
first of last March at a public sale and it was bought in by Miss
McFarland. The prosecutor said that Tobe Snoddy had sought to recover this
land but had not succeeded and that on May 3, Harvey McFarland had gone to
the land to gather some corn which had been left in the shock in the
field. He described the farm as being away from the more important highway
and said that it was in a very dark and desolate place, and reached after
going through a stretch of woods three quarters of a mile long. On the
farm, the only improvements are an old stable and corn crib. The crib
contains a loft and in order to live while he was working there, McFarland
had taken a bed and some bedding, a stove and a few cooking utensils to the
crib.

On the night of the flogging the prosecutor said McFarland was awakened at
midnight by voices calling him to come down. He was alone and was not
suspecting what was wanted. As he opened the crib door he noticed about
fifteen men surrounding the crib and as the moon was shining he recognized
a number of faces, although some of them came masked. Two of them seized
McFarland by the arm and tried to pull him outisde, but he grabbed hold of
the door with one hand and resisted them. They pulled all the harder and
in the struggle he was finally overpowered and led out under a big beech
tree where a halter was placed about his neck. They prosecutor said the
men told him they wanted him to deed back the 60 acres of land to Tobe
Snoddy, and that they began to whip him on the back and legs with heavy
switches. They also tramped on his bare feet until they bled, and cut
large welts on his neck, face, back and legs. While they were giving him
an unmerciful beating and cursing, the prosecutor said they would
frequently pause and ask, "Now will you deed the land back to Tobe Snoddy"
whereupon they would begin the lashing again. After Mr. Register said they
had almost beaten their victim into insensibility, McFarland is said to
have informed them that the land was in his sister's name but that he would
do what he could. They then picked McFarland up and set him back in the
crib, remarking as they left that if the deed was not made by the following
Saturday night the men would return and kill him.

The prosecutor said it would be shown that the defendants conspired
together to whip McFarland that they had emissaries to watch his movements
so as to determine what days he spent on the Salt Creek farm. He said it
would also be shown that all the defendants bear close relationship to each
other by reason of intermarriages. McFarland was pictured as a Christian
gentleman who was sleeping on the night of the whipping with a bible under
his head.

Judge Miers in making the opening statement for the defense said to the
jury in substance: "We do not expect you to justify whitecapping for we
don't justify it ourselves. We do not attempt to say that McFarland was
not treated unkindly, but we will be able to prove to you that none of
these men were connected with the whipping. Mr. McFarland may have charged
these men either maliciously or by mistake, but all the defendants will be
able to prove where they were on the night of May 4th. Mr. Grubb will tell
you that he never heard of the controversy between Snoddy and the
McFarlands and was in bed at home all that night. One of the Hattons will
tell you and will prove by his wife that he was home all night and the
other Hatton will show that he ws here in the city ten miles away. Each
and every one will be able to show a good reputation, and we will show that
Mr. McFarland's identification is weak. He first charged a young man named
Chambers and then changed his mind. William Snoddy, one of the defendants,
who is a half-brother of Tobe Snoddy, has hardly been on speaking terms
with Tobe for a number of years and we will be able to show by his wife
that he was home all night on May 4."

The first witness called was Martha J. McFarland, sister of Harvey
McFarland, who said she resided six miles southwest of Bloomington in Van
Buren Township and that she came to this county six years ago from Alaska,
Ind. Her brother, Harvey, is 41 years old and is troubled with
deafness. She said his hearing had been very bad since the whitecap
trouble. After she bought the Tobe Snoddy land at a forced sale by the
auditor, she said Snoddy came to see her twice to get it back but as he did
not have the money to pay for it she did not deal with him. She said he
told her he would make an effort to get a loan of $1000 to pay on it, and
that he afterwards wrote to her about it. After the whitecapping, she said
her brother's head was so swollen from the blows he received that his hat
would not go on. She said he came home late that evening with his face
covered with blood. Two days later she said she was in Bloomington and
passed Tobe Snoddy on South Walnut Street in front of the jail. She said
he was in company with Silas Adams.

Judge Simpson Robertson, a Justice of the Peace of Perry Township, said he
went to the scene of the whipping and went into the crib where McFarland
had slept. He said he found a psalm book and bible in the crib, also a
pillow and some bed covers.



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