DECATUR DAILY REVUE (Macon Co) 13 Nov 1930
Kesterson shot and killed "Tuck" Shipp during or at the end of a booze party at the home of a Sullivan family the night of Oct 25. Kestersons lawyer asked for a delay.
Neither Kesterson,. who shot Shipp in a drunken row several weeks ago, nor Gray, who shot Harris to death in a corn field a week ago, was arraigned as Kestersons counsel W. R. Huff, was not present in court and Gray has no counsel. It appears likely that counsel for Gray, whoever he may turn out to be, if appointed by the court to defend the alleged murderer will be the first attorney in Mouhtrie county to receive pay for his services, under such appointment.
Heretofore. counsel appointed by the court to defend a prisoner unable to employ a lawyer, was required to serve without fee. A new law just now in effect allows such counsel a fee not to exceed $250, and if he prosecutes an appeal to a higher court in the event of an adverse verdict in the lower court, is allowed a similar maximum fee for the additional service
Nov 15, 1930 Sullivan (Moultrie Co)
Kesterson, who shot Shipp in a drunken row several weeks ago, was arraigned as Kestersons counsel W. R. Huff, was not present in court.
STATE DEMANDS DEATH PENALTY FOR KESTERSON
Nine character witnesses were called to the stand Tuesday mornIng by the defense. A closed knife with which the slain man Is alleged to have struck Kesterson was exhibited by Coroner W. R. Robinson. The knife was found on the murdered man's body. ' The trial opened Monday morning before Judge D. H. Wamsley The jury was completed at 1 o'clock, and five state's witnesses,; ______ and the defendant, took the stand,
H. J. Barker told of the events leading up to the killing which took place at the Barker home here on the night of Oct. 25. following a drinking party.
Called Kenterson A Coward
Barker said that the party had been in progress for some time before Shlpp arrived. Kesterson, his wife and two children were among the guests. According to Barker several bottles of home brew had been drunk, when Shipp called upon Keaterson to open another bottle. Kesterson refused, explaining that the bottle had gas in it and that he did not want to cause the beer to be sprayed over the room. Shipp called Kesterson a coward, Barker testified and a quarrel ensued. Barker said that he asked the two men to go outside and settle their trouble. Kesterson followed Shipp out, and the latter gave him a severe beating and reviling. Kesterson then tried to start his car and take his family home. He could not get his car started and left the place afoot.
A few minutes later he returned and asked Shipp to come outside. Barker said that he stepped out on the porch. He heard a shot. Shipp fell.
Shot to Kill
Kesterson then came into the house with a shotgun. He asked Barker to call the doctor and the sheriff. Dr. J. F. Lawson, Sherif Charles Lansden and Officer Charles Getz arrived a few minutes later. Barker's story was corroborated by Ella May Craig, housekeeper in the Barker home. Kesterson took the stand in his own defense late in the evening and told substantially the same story. When asked If he shot Shipp with the Intention of killing him, Kesterson replied that he did. He claimed that he went home after his gun and came back with the object of protecting his family.
Three Women Jurors
The trial was resumed at 9 oclock Tuesday morning. Following is the jury: John Rozene, Gays; Elmer Leeds, Sullivan; Herschel Greenwood, Lovington; Leonard Hudson, Bethany; Meril Ekiss; Bethany; Glen Pierce, Gays; and Clatid Gould; Lovington; Claude Lane, Gays.
KNIFE EXHIBITED (Special to The Herald)
SULLIVAN, March 4 1931 — In the briefest murder trial ever held in Moultrie county, Sam Kesterson was acquitted Tuesday afternoon of the murder of John (Tuck) Shipp.
The trial opened at 9 o’clock Monday morning in circuit court here and a verdict of not guilty was reached by a jury at 3:05 o’clock Tuesday afternoon. The jury deliberated an hour and 35 minutes.
Only 12 hours were taken, five of which were required for the selection of a jury. Three of the jurors were women. The verdict came as a surprise to the spectators in the crowded courtroom. Kesterson walked from the court house whistling. Considerable dissatisfaction with the verdict was expressed on the street. Popular sentiment went in favor of conviction, it is said.
Shot to Kill
Shipp was killed on the night of Oct. 25th (1930) a climax to a drinking party at the home of H. J. Barker here. On the stand, Kesterson admitted that he shot Shipp with the intention of killing him, but claimed that he did so with the object of protecting his wife and two children.
Nine witnesses were called to the stand Tuesday morning to testify to the good character of the defendant. A closed knife with which the slain man was alleged to have struck Kesterson was exhibited by Coroner W. R. Robinson. The knife was found on the body of the murdered man.
The character witnesses were Jim Moore, Charlie Hall, Homer Johnson, Henry Cummins, V. D. Grote, Frank Wood, Walter Boley, Guy Butt and C. W. Neaves.
This is Samuel Kesterson born about 1871 the son of John T. and Mary (McCune)
Kesterson of DuBois Co IN. Samuel was convicted of the murder of his stepfather
Daniel A. Nicholson in Indiana in 1889. He was given a life sentence.
Records indicate he escaped from prison at least twice. The first time
recaptured and returned to prison and the second time in 1893 he apparently
was not found again. Samuel was married to Minnie Byrum in 1888 in IN and
after his trial in 1889 she moved to Effingham IL. While in prison
Samuel was served with divorce papers 1894.
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