Update # 7: Courtney/James Exhumation Hearing
by David Hedgepeth, Dallas Texas - [email protected]
Subject: Update # 7: Courtney/James Exhumation Hearing
Date: Sun, 3 Oct 1999 13:27:01 -0500
From: [email protected]
To: Mailing list members
J. L. Courtney/ J. W. James Exhumation: Update # 7 (Revised)
I have reviewed my notes from the September 17, 1999 exhumation hearing
in Marlin, Falls County, TX and wish to share my detailed observations.
First though I want to summarize why I am particularly interested in Ms.
Duke getting the most reliable and substantial proof to show if James L.
Courtney was or was not Jesse W. James.
I tried in years past to link my grandfather Pleasant James, who was
supposedly a Jesse James relative, into the commonly accepted Missouri
James lineage but I had no success. When I became aware of Betty Duke's
book, Jesse James Lived and Died in Texas, I was of course interested
because of my family history and the fact that Pleasant's home of Evant
was about 75 miles from Blevins. This information provided a possible
link to my family mystery. I contacted Ms. Duke and have worked with her
since that time. So far I have not proven a direct line connection
between my James family line and James L. Courtney, but there are many
curious indications.
According to my family lore, the outlaw Jesse James had stayed with the
Pleasant James family members from time to time. According to the
Lawrence Co., TN, Historical Records, "It was reported that Jesse James,
the outlaw, stayed with C.C. James for a time." In 1870, Pleasant, Census
# 97 lived next door to his son, C.C. James, Census # 98. Pleasant and
family left Lawrence Co., TN in about 1878, and settled for a short time
in Eastland Co., TX. Soon he moved on to Evant near the line between
Hamilton Co., TX and Mills Co., TX where he lived until his death in
1893.
Another family story says that the James gang visited the Pleasant James
family while they lived in Texas. Also Caraway brothers married
Pleasant's daughter and stepdaughter. The father of those brothers lived
in Falls County, TX and is buried in the same cemetery in Blevins, as is
James L. Courtney.
Aren't family stories commonly found to have at least a tread of truth in
them?
At the September 17 exhumation hearing, a pro bono attorney represented
Ms. Duke and on the other side three attorneys represented Max Courtney
and the opposing part of the family. Quite frankly I was left with more
questions than answers during the five-hour hearing. I am not an attorney
and my observations, questions and language are from a lay person's
perspective. I hope someone with more qualification or insight can help
shed some light and answers on what I considered to be a most peculiar
proceeding. If these questions are not answered then I, along with many
others, will always wonder if there were more to the story.
1. Why did Ms. Duke's attorney not object to new evidence being
introduced when it had been previously agreed that this proceeding would
be a "no new evidence hearing?"
2. Why was Ms. Duke given a deadline of August 24 to file her brief, when
the respondent did not file a brief for Ms. Duke's review until three
days before the hearing?
3. Why was evidence, which was not part of the opposing brief, allowed as
testimony?
4. How were verified photographs of the Courtney's both from family and
non-direct family sources, which match Jesse James family photos, treated
as obscure evidence?
5. Why was Max Courtney, who was the challenging respondent, allowed to
have the status of an unbiased "expert witness" in presenting testimony
on photo comparisons, especially when he presented no material
credentials to prove his qualifications?
6. Why was testimony from Max Courtney not challenged when he alleged
that the supervisor of the Austin Police Department's Forensic
Multi-Media Lab was not qualified in the analysis of Ms. Duke's
photographs?
7. Why was the opinion of Visionics Corporation, a world leader in face
recognition technology, given little or no consideration in their
analysis that " concluded with reasonable confidence that the faces in
question matched each other and belonged to the same person?"
8. Why didn't Max Courtney, who was supposedly an expert in the field of
photo comparisons, mention that tintypes were normally reversed, rather
than testifying that Ms. Duke's pictures were inaccurate because of
reverse images?
9. Why was a certified genealogist from Kansas City, MO hired to do
research and flown down to Texas to testify as an expert witness?
Couldn't a nearby Waco certified genealogist have done the same work for
less pay?
10. Why didn't Ms. Duke's attorney challenge the genealogist who quoted
about 10 sources all of which she claimed to have uncovered in a span of
4 hours? Since this level of work in the given time is highly unusual
even for one professional, wouldn't it be of interest for a prudent
attorney to ask more about where and how she obtained her data and/or
leads to where the information was located?
11. Why did Ms. Duke's attorney not present her documented genealogical
data, which showed linkage between the Courtney and James families, as
she requested?
12. Where and why did Max Courtney and family get the funds to hire three
attorneys over the last six months along with an out of state genealogist
to contest the exhumation of a relative who has been dead for 56 years?
Wouldn't the bill for such legal firepower be well in excess of $20,000?
Is the emotion of the issue really worth that amount to Max Courtney and
family?
13. Was there an outside interest that helped fund the opposing side? If
so, why? Why was the question never explored?
14. Is there a direct or indirect connection in any way to the certified
genealogist from Kansas City, MO and the nearby James Farm?
15. If any outside interest has in fact supported Max Courtney in any
way, then why would they do so if they are certain that the real Jesse
James has been properly identified and was actually buried in Kearney,
MO? Wouldn't a confident opposing outside interest be more than happy for
Ms. Duke to proven herself wrong in the most convincing way? Wouldn't
this way be through the DNA testing as she has requested? Wouldn't then
they surely be anxious to support her quest?
16. Why wouldn't the opposing sides address key points that Ms. Duke had
made, such as where the gold came from that James L. Courtney reportedly
brought to Texas?
17. Why were concluding summary statements first promised by Judge Meyers
but later ignored or not allowed?
18. Wouldn't the exhumation of James L. Courtney not only clear up the
family questions but also have a potential of benefiting both local and
world history interests?
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I asked Ms. Duke if she could clear up the confusion. She was unable to.
At this time she is exploring alternatives and seeking help to find
funding sources and legal representation to continue her effort.
In conclusion, I am most interested in gathering the best possible
information to show that James L. Courtney is or is not Jesse James. I
support exhumation for DNA testing for this is the surest way to the
truth. It seems to me that only someone afraid of the truth would not
want it found.
Your comments, information and support would be greatly appreciated.
David Hedgpeth- E-mail: [email protected]
Contact me if you want to be added or deleted from the update notices.
David Hedgpeth
Dallas, TX
Send Regular E-mail to: [email protected]
Send Attachments to: [email protected]
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