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Bonnie and Clyde
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No. 825O-cr1minal
THE UNIT:!:D STIITSS OF All mICA VS
Mary Pitts, alias Mary O'Darej Floyd Garland Hamilton; Billie Maoe alios B111ie Pqrkerj Hlldred Hamil ton al1as ~~rs . Floyd Hamil ton; L.C. Barrow ; Mrs . Emma Parker; Mrs . Al ioe Hamilton Davis, alia s Mrs. Steve Davis j Henry l!ethvln j Mrs . Cumie Barrow, alias Mrs. Henry Berro Raymond Hamilton; steve Davis; S .~. Whatley, al1as Baldy rlha tley; ~otm l3asden ~oe ~ranois; W. R. Bybee, alias Hilton Bybee ; Marie Francis , alias Urs. ~oe Franois; Aubrey .!i'ay Harrow , alias Mrs. L.C. Barrow ; ~ames Mullen , alia s ~i.J:!Jmie La Mont ; ~oe Chambless; Heulsh Praytor; TIilliam D. ~ones, ali~s ~ack Sherman ; Blanche Barrow, alias l'rs . Harvin (Duok) Barrow ; Lillian MoBride .
Charge: Violation of Seotion 88, Title 18, U.S.C.
NO . 8250-Criminal
THE UNIT~D STATSS VS
Mary P i t t s , alia s Mary O· Dare ; Floyd Garland Hamilton ; Billie Mace aliqs Billie Parker ; liIildred Hamil ton alias Mrs . Floyd Hamil ton ; L . C. Barrow ; Mrs . Emma Parker ; r.~rs . Al ice Hamil ton Davis , alias Mrs . Steve Davis ; Henry Methvin ; Mrs . Cwnie Barrow , alias Mrs . Henry Barrow Raymond Hamilton ; steve Davis ; S . J . . Whatley ; alias Baldy \lha tley ; John Basden; Joe Francis ; W. H. Bybee , alias Hilton Bybee ; Marie l"rancis , alias l.'[rs . Joe J!'rancis ; Aubrey jl'ay Harrow , alias Mrs . L . C. Barrow ; James Mullen , alias Jimmie La Tront ; Joe Chambless; Beulah Praytor; Jilliam D. Jones , alips Jack Sherman;
Blanche Barrow, ali qS l:rs . Marvin (Buck) Barrow; Lillian !.~cBride .
Charge : Violation of Section 88, Title 18 , U. S . C .
r DA TE AND PL~: FEP 2 2 1935
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DAT~ AUD S.3:NTENCE :
FLOYD GARLAND IL'i"ILT N
BILLIE ',C~ 1').1..
I!ILDR::n RA 'n.TON
L. C. BARROW
MRS. A ,IOu H. DAVIS
Ul1S. Cl MIE BARRO
Rt. Y1WND HA!'ILTON
o ;VE D VIS JUN 1 2 1 35
3 . :T • .. 'HA'l'L'Y ~ ~ :T JUN .lAoD.m -
:TO... NCIS
. H. BYBEE
RIE FRlJ'CIS
.aJRI'tTI FAY BARRO'~
:T.All~ • :tlLL
• n..LI "D. :TON~
m.ANCIm B Rno
-.DATE AND Sl5NTENCE :
MARY PITTS ALIAS MARY O'DARE
FLOYD GARLAND HAMILTON
BILLIE MACE
MILDRED HAMILTON
L"G. BARROW
MRS. :!:MMA PARK!:R
MRS. ALICE H. DAVIS
HmRY METHvm
MRS. CUMIE BARROW
RA YMOND HAMILTON
STJ:VE DAVIS
S. J. VlHA TLEY
JOHN BlISD::m
JOE FRANC IS
W.H. BYBEE
MARIE FRANC IS
lilUBREY FAY BARROW
J.AM~ MULLEN
JOE CHAMBLESS
BJroLA H PRA nOR
\HLLLAM D. JONES
BLANCHE B, RROW
LILLIAN MCBRIDE
" l
1 ~
\
(I ~";;;., - ~ Form No. 19-:· ~..R.r- ~
No . .. g~£Q.___ 'fk -;r I ~
UNITED STATES __ DJS_TllmT _______ COURT _NORTHEBN ___ Distriot of ______ TE.XA.IL ____ _
____ .DALlAS .. _______ Division
THE UNITED STATES OF AMERICA VS.
_MaRY __ ,EIT.TS ___ !;J,i!;J~ ___ MARY ___ Q_~.DARE __ _
__ e_t ___ a ~ _________________________________________________________ _
INDICTMENT Violation of Section 88, Tit. 18,
u. S. C •
.!l true biU,
, , , Filed in open Court this ____________ __ _______ day
of __ __ ___ ____ ___________________ ____ , .!l. D.19
Ole, Ie.
Baa, I ___ L ___ ___ ___ '!':: _____ • f - 'M
~[" If i9-tR o--a.-,..
IN THE DISTRICT COORI' OF "'BE UNITED Sl' ATEa
F OR TEE NORI'HERH DISl'Rlar OF TEXJ..8
DALLAS DIVIS I ON
THE UNITED Sl'ATES OF AMERICA:
At a regular term of the District Court of the United
States for the Northern District of Texas. b egun and holden on the 14th day
of January, A.D. 193 5, within and for the Dall a s Division of said District.
at Dallas, Texas, the grand jurors for the United States selected, tried,
em;panelled, sworn and charged to inquire into and true presentment make of
all offenses under the laws of t h e United Stat es committed within said
district, upon their oaths present in open court and charge:
That h eretofore, to wit, corrmencing on or about May 20,
1933 and continuing until May 23, 1934 , in Dallas County, Texas , in t he
Northern Dist rict of Texa s an d in t he Dall a s Division t hereof, and with in
t h e jurisdiction of t hi s court, one
MIL"RY P ITTS, alias 1'lARY O'DARE
FLOYD GARLAJ.'D HAMIlIT'ON
v BILLIE ,;!ACE , al i as BILLIE PARKER
MILDRED HAMILTON , al i a s MRS. FLOYD HAMI L'.:'ON
'" L . C. BARROW
MRS • J!Il,l!;1A PARKER
v MRS . ALI CE HAIITLTON DAVIS, alias MRS . Sl'EVE DAVIS
v IENRY MEl'HVIN
~ MRS. CUMIE BARROW , al i as MRS. HENRY BlIRROV{
( RAYMOND HAMILTON
STEVE DAVI S
" S.J. WHATLEY, ali as BALDY '{.'HATLEY
v J OHN BASDEN
v ;roE FRJIlWI S •
v W. H. BY3EE, alias m:=.TO~ BYdEE '
~ MA.'UE FRA:JCI S , al :las MF6 . JOE FRANCIS _
v AUDREY FAY BARROW, alias 1RS . L. C. BARRaY v
tI .T M.t:'.S MIJI..LEN, al ia s JItMIE LA MONT •
v' .TOE CHAMBLESS
'1 BE\JL..1ill PRA'YTOR '} ~_
... nLLIAM D • .TONES , alias .TllCK SHERMAN ,,-
..... BLANCHE BARROW, alias lJRS . llARVIN (BUCK) BARROW '
whose more true and correct names are to the grand jurors unknown , herein-
af'ter called defendant s , and ;ros PID,IER and BUCK BARROW and BONNIE PARKER ,
and CLYDE BARRO\I , and divers other persons to the grand jurors unknown
and hence not here stated , the said .TOE P':.IllER not being indicted herein
for the reason that he has heretofore been convicted and given the death
penalty in another jurisdiction, and the said CLYDE B.ARRO' , and BONNIE
PARKER and BUCK B1\RRO';, not being indicted herein for the reason that they
have heretofore been killed did Unlawfully , Wilfully, knowingly and fel -
oniously conspire , confederate and agree together, each with the other
and with said divers other persons , to commit an offense against the laws
of the United States of America , to wit , Section 246 , Title 18, United
States Code ; that is to say , that the said
MARY PITTS , alias MARY O' DARE
FLOYD GARL.AN]) lWHLT0N
BILLIE UllCE, al i as BILLIE P AAKER
!.IILDRED IW.n:LTON, alias 100 . FLOYD HA;'IILTON
L . C. BARR()\';
L S . }!i,lM P.ARKER
1.IRS • .ALICE HA1ITLTON DAVIS , alias MRS . Sl.'EVE D!,vIS
HENRY ME5lVIN
lIRS. em.lIE BARROW, alias 1lRS. HENRY BAAROW
RAYMOND H.AI,uLTO'"!
STEVE DAVIS
S • .T. r J!.ATLl!.-Y, al i e s BALDY iffiATLEY
.TOlIN BASDEN
.TOE FRANCIS
W. E. BYBEE , alias !:ILTON BYBEE
MARIE FRANCIS , a ' i a s MRS . J"OE FRANCIS
AUDREY FAY BARROW , alias MRS . L. C. BARRa;;
J" liMES lIDLLEN, alia s J"llllMIE LA MOm'
J"OE CHAMBLESS
BEULAH PRAYTOR....,..
WILLIAM D. J"ONES , alias J"ACK SHERMAN
BLANCHE BARRO I, alias MRS. MARVIN (BUCK) BARROi7
LILLIA.lII McBRIDE ~
and the said roE P.AIMEB and BUCK BARROW, and said divers ot her persons, did
then and there unlawfully conspire with e a ch other and with the said CLYDE
B,II.RROVl and BONNIE PARKER and sai d divers other persons, to harbor and con
ceal the s [ id CLYIE ~OW and lBONNIE PllRKER, f o r whose arr est a warrant
and process had theretofore on May 20, 1933, been issued by Lee R. Smith,
United States Commissioner for the Dallas Division of the United states
District Court for the Northern District of Texas , s o as to prevent the
discovery end arrest of t he said CLYDE BARROW and BONNIE PARKER , they , the
said
MARY PITTS , alias MARY O' DARE
FLOYD GARL.l\.ND HA.MILTON
BILLIE MACE , alies BILLIE PARKER
M;ILDRED HAMILTON, alias MRS . FLOYD HAMILTCN
L . C. BARROW
MRS . EHMA BA.RKER
MRS . ALICE HAUrLTON DAVIS, alias MRS . STEVE DAVIS
HENRY MErHVIN
MRS . CUMIE BARRO. , alias MP,s . HENRY BARHOVl
RAYMIlND HAMILTON
srEVE DAVIS
S . J" . 'lHA:rLEY, alias Bfl.DY t'"Iu;r LEY
J"0lIN BASDEN
J"OE FRAN:: IS
VI .H. BYBEE , alifls HILTON BYBEE
MARIE FRANCIS , alias MRS . J"OE FRRICrS
AUDREY FAY BARR W, alias MRS . L . C. ARROn
J".!lliES MOLLEii , al i as J"TI&ITE LA ~"Om'
4- J'OE CHAMBLESS
BEULAli PRAYTOR
WILLIAM D. J ONES, alias J ACK SHERMAN
BLANCHE BAR .OW , ali a s MRS . MARVIN (BUCK) BARROW
LILLIAN McBRIDE
and said JOE PALMER and BUCK BABROVl and CLYDE BARROW and BONNIE PARKER, and
said divers other persons, then and there well ]mowing that s a id warrant and
process ha d been so issued as a foresaid for the apprehension and arrest of
said CLYDE BAR .OW and BONNIE P ARKER at the time they so unlawfully con
spired to harbor and conceal the said CLYDE BARROW and BONNIE P ARKER so as
to prevent their (meaning said CLYDE BARROW and BONNIE PARKER) discovery
and arrest.
And the grand jurors aforesaid, upon their oaths as aforesaid,
do further present ani find that subsequent to the formation of said con
spiracyand during the existence thereof, certain of said persons within
the jurisdiction of this court except as hereinafter specifically stated,
and at the several times and places hereinafter mentioned in connection
with their respective names, did eo cert a in overt a ct s in furtherance of
and to effect t h e ob ject of s a id conspira cy as follows:
1. On or about June 8, 1933, William D. Jones got in an
automobile with Clyde Barrow and Bonnie Parker at Dallas , Texas, and rode
to Wellington, Texa s for the purpose of assi sting the said Clyde Barrow
and Bonnie P arker in evading arrest.
2. On or about June 10, 1 933, William D. Jones, Clyde Barrow
and Bonnie Parker, near Wellington , Collingsworth County, Texa s, kidnaped
George T. Corry and P aul Hardy and stole the automobile of the said George
T . Corry and used the same in evading and prevent ing the arrest of the said
Clyde Barrow and Bonnie Parker.
3. On ~ about June 10, 1933, William D. J ones, accompanied
Clyde Barrow and Bonnie Parker, with t wo kidnaped of ficers, from n e a r
We l lington, Texas to S eyre, Oklahoma.
5-
4 . On or about ~une 10. 1933 , Buck Bar row and Blanche Barrow
met Clyde Barrow , Bonnie Parker and William D. ~ones near Sayre, Oklahoma ,
and tied George T . Corry and Paul Hardy , t h e two kidnaped officers , to a
tree to prevent the arrest a nd apprehension of t be said Clyde Barrow and
Bonni e Parker.
5 . On or about ~une 18 , 1933, L. C. Barrow, Mrs . Cumie Barrow
a nd Mrs. Emma P arker drove f r om Dallas , Texa s to a secluded place near
Lake Dallas and met Clyde Barrow.
6 . On o r about ~une 18 , 1933 , L. C. Barrow drove from a point
near Lake Dalla s to the h ome of Billie Mace in Dallas , Texa s and car ried the
said Billie Mace from her home in Dallas , Texa s to a point near Lake Dallas
t o meet Clyde Barrow.
7 . On or about ~une 18, 1933, Billie Ma c e accomp anied Clyde
Barrow from a p oint near Lake Dalla s , Texas to Fort Smith , Arkansas .
8 . On or about ~une 19 , 1933 Billi e Mace and Clyde Barrow
met Bonnie Parker , Buck Barr ow , Blanche Barrow and William D. ~ones at t h e
Midway Camp Grounds near Fort Smith , Arkansas .
9 . On or about ~une 20 . 1933 , near F ort Smith, Arkansas , at
the !Mdway Camp Grounds , Bi llie W~ce nursed and administer ed medicine t o
Bonnie P arker , who was a t said time badly burned .
1 0 . On or about ~une 2 3 , 1933, Wi ll iam D. ;rones and Buck
Bar row, wh i le assisting Clyde Barrow and Bonnie P arker i n eva ding their a r
rest , near Alma , Arkansas , met t wo p eace officers a nd killed one of said of
ficers to prevent t he arrest of Clyde Barrow and Bonni e P arker .
11. On or about ~uly 19 , 193 3 , William D. ~ones , Buck Barrow,
Bl anche Barrow , Bonnie Parker and Clyde Barrow, in a tourist calli> near Platt
City , Missouri , on Highway No . 71 in said s t ate , engaged in a gun b attle
with peace officers and at said time wounded t wo off icers to prevent the
arrest and apprehension of Clyde Barrow an d Bonnie Parker.
6-
12. On or about ~uly 24 , 1933, William D. ~ones , Buck Berrow ,
Bonnie Parker , Blanche Barrow and Clyde Barrow , in the woods north of Dexter,
Iowa , engaged in a gun battl e with peace officers to prevent the arres; ani
apprehension of said Clyde Barrow and Bonnie Parker .
13. On or about September 1 , 1933, Mrs . Emna Parker and Billie
Mace met Clyde Barrow and BOnnie Parker on the Eagle Ford Road in Dallas ,
Dallas County, Texas .
14. On o r about November 22 , 1933 , ~oe Francis , L. C. Barr ow ,
Mrs . Ec.:ma Parker , Marie Francis , Mrs . Cumie Barrow and Billie Mace dr ove from
Dallas, Texas to a pOi nt near Sowers. Texas to meet Clyde Barrow and Bonnie
Parker.
15. On or about ~anuary 11 , 1934 , ~ames Mullen went t o the
home of Lillian McBride in Dallas , Texas , and talked with said Lillian
McBride about contacting Clyde Barrow.
16 . On or about ~anuary 11 , 1934, Lillian McBride in Dallas ,
Texas, directed ~ames Mullen to the home of Floyd Hanilton .
1.7 . On or about ~anuary 12 , 1934 , ~emes Mullen went to the
home of Floyd Hamilton in Dallas , Texas and discussed plans of meeting
Clyde Barrow and Bonnie Parker .
1.8. On or about ~anuary 1.2 , 1934, ~ames Mullen and Floyd Hamilton
drove to a pOint near Irving, in Dallas Couuty , Texas , and met ClYde Barrow
and Bonnie Parker .
1 9 . On or about ~anuary 1.3 . 1934, Floyd Hamilton and ~ames
Mullen purchased ammunition from a number of pawnshops in Dallas , Texas .
20 . On or about ~anuary 13, 19:':4 , ~alres Mullen and Floyd Hamilton
met Clyde Barrow and Bonnie Parker at a point on the highway between Lan-
caster, Texas and Ferris, Texas .
21 . On or about ~anuary 13, 1934 , ~ames Mullen , Floyd Hamilton,
Clyde Barrow and Bonnie Parker drove from a pOint between Lancaster , Texas
and Ferris , Texas to Corsicana, Texas .
7-
22 . On or about ~anuary 13, 1934, Floyd H~ilton stored his
automobilE in the Thompson Garage at Corsicana , Texas , and got in an auto
mobile wi th ~ames Mullen, Clyde Barrow and Bonnie Parker and drove to the
Eastham Prison Farm, in t he vicinity o'f Huntsville, Texas .
23 . On or about ~anuary 14, 1934, ~ames MUllen and Floyd Hamil
ton hid two pi stols under a bridge near the Eastham Prison Farm.
24. On or about ~anuary 14, 1934, Clyde Barr ow , Bonnie Parker.
~a.n:es Mullen and Floyd Hanilton drove 'from the point near the Eastham Prison
Fa~ to Corsicana, Texas .
25 . On or about ~anuary 14, 1934, Floyd Hamilton got in an auto
mobile at the Thompson Garage in Corsicana , Texas , drove to Dallas , Texas ,
where h e was joined by Mildred Hamil ton and F loyd and Mildred Hamilton drove
'from Dallas , Texas to t e Eastham Prison Farm, in the vicinity o'f Hunt s-
v ille, Texas , where they visited Raymond Hamilton , and at said time told
Raymond Hamilton t hat two pistols had been hidden near the prison 'fa rm
under a bri dge .
26 . On or about ~anuary 14 , 1934 , ~ames MUllen , Clyde Barrow
and Bonnie Parlrer d rove in an automobile 'from Corsicana, Texas to a point
near t he Eastham Prison Far" , in the ViCinity o'f Huntsville, Texas .
27 . On or about ~anuary 16, m934 , ~ames Mullen, Clyde Barrow
and Bonnie Parker drove 'from a point near t he Eastham Prison Far m in a
Ford Coupe with Raymond HBllli l ton, ~oe Palmer, Hilton Bybee, and Henry Methvin,
escaped convicts , in the turtleback of said c a r , to a pOint near Hi l lsboro,
':::'exas .
28 . On or about ~anuary 16 , 1 934 , ~ames Mullen, Clyde Barrow ,
Bonnie Parker, ~oe Palmer , Raymond HBlllilton , Hilton Bybee and Henry Meth
vin , drove to a point near Maypearl , Texas , and f'rom there to a point near
Rhome, Texas .
29 . On or about ~anuary 1 6 , 1934 , Floyd Hamilton and L. C. Bar
row drove from. Dallas, Texas to a pOint near RhOIre , Texas and met Clyde Ba r
row , Bonnie Parker , Ra:'JIlond Hemilton , J"am.es lJullen , ~oe Palmer , Hilton
Bybee and Henry L:ethvin , and the said Floyd Ha:lilton and L . C. Barrow brought
8 -
James mullen from said point near Rhome, Texas to Dr lIas , Texas , so that the
said James Mullen could purchas e clot hing for the said Cl yde Barrow, Joe Pal:
mer, Hilton bee , Henry Uethvin ani Raymond Han.ilton .
30 . On or about January 16 , 1934, at a secluded plac e near Rhome ,
Texas , Clyde Barrow gave James Mulleo the sum of $15 . 00 to be used by said
James Mullen in t h e purchase of clothing.
31. On or about January 17 , 1934, James Mullen in Dallas , Texas
purchased clothing for Clyde Barrow.
32. On or about January 17, 1934, Henry Methvin , J oe PalIre r ,
Hilton Bybee , Clyde Barrow and Bonnie Parker drove from a point near Dallas ,
Texas t o Vernon, Texas where Joe Palmer stole a Dodge Aut oIJbile to be used by
Clyde Barrow and Bonnie ? arker in evading arrest .
33 . On or about January 17 , 1934, John Basden, Floyd Hamilton
and James Iviullen l-eft Dall~s, Texas and drove to a point near Rhome, Texas
to meet Clyde Barrow, Bonnie Parker , Joe Palmer , Raymond Hamilton , Hilton
Bybee and Henry !lIet hvin and carried with t hem the clothing purchased by
James V~en with mon ey g iven him by Clyde Barrow.
34 . On or about J81uary 24 , 1934, Billie M a ce , Floyd Hamilton,
Mildred Hamilton , Lira . Cumie Barrow and Marie Francis met Clyde Bar--ow and
Bonnie Parker at a secluded spot near Dallas , Texas.
35 . On or about January 26 , 1934 , Floyd Hanilton and Janes
Mullen drove to a s eCluded spot near Rhome , Texas and met Clyde Barrow,
Bonnie Parker , Ra ymond Hamilton , Henry Methvin , Joe Palmer and Hilton Bybee.
36 . On or about January 26 , 1934 , Raymond Hamilton gave Jame s
lSullen $675 . 00 .
37 . On or about Janua ry 26 , 1934 , Raymond Hamilton gave Flo:ld
Hamilton ~500 .00.
38 . On or about January 26 , 1934, L . C. Barrow , IJ:rs . Emma
Parker and Billie Mace met Clyde Barrow, Bonnie P a ·ker , Joe Palmer , Raymond
Hamilton , Henry Methvin and Hilton Bybee at a secluded spot ne ar Rhome , 'texas .
9-
39 . On or about ;ranuary 26 , 1934, Clyde Barrow, Bonnie Parker,
;rames Mullen , Henry Methvin, Billie Mace , ;roe Palmer , Hilton Bybee and Raymond
Hamilton drove to a p oint near Bowi e , Texas .
40 . On or about ;ranuary 26 , 1934, ;rames Mullen and Floyd Hamil
ton purchased a g enerator from the Ford Agent at BOwie , Texas and carried the
same to a secluded spot n ear Bowie , Texas and delivered sarre to Clyde Barrow.
41 . On or about February 17 , 1934, Eloyd Hamilton and Mildred
Hamilton drove from Dallas. Texas to Viichita Falls , Texas with Mary Pit ts .
42 . On or about February 18, 1934, ;rohn Basden, Mrs . steve
Davis , Floyd Harrdlton , Mildred Hamilton and Mary P itts drqve from Dalla s ,
Texas to a secluded spot near Greenville, Texas and met Clyde Barrow,
Bonnie Parker, Raymond Hamilton , Henry Methvin and ;roe Palmer .
43 . On or about February 18 , 1934 , L . C. Barrow , Audrey Fay
Barrow, Marie Francis and Mrs . Emma Parker drove fran Dallas to a secluded
spot n ear Greenville, Texas and met Cl yde B;ll'row, Bonnie Parker , Raymond
Hamilton , Henry Methv in and ;roe Palmer.
44 . On o~ about February 18 , 1904, Mary Pitts went with
Clyde Barrow, Bonnie Parker , Raymond Hamilton, Henry Methvin and ;roe PalImr
to a sparsely traveled point near Dallas , Texas where all of the said part ie s
spent the night in an automobile' to prevent the arrest of Clyde Barrow and
Bonnie Parker .
45 . On or about February 19, 1934, Henry Methvin , ;roe Palmer,
Raymond Hamilton , Hilton Bybee, Clyde Barrow, Bonnie Parker and Mary Pitts
drove from a pOint near Dallas , Texas to Ranger , Texas , traveLing the side
roads , to prevent the arrest of Clyde Barrow and Bonnie Parker.
46 . On or about February 19lf. 1934 , Raymond Han.ilton and Clyde
Barrow robbed the National Guard Armory at Ranger, Texas and obtained there
from several Browning Automobile Rifles , several 45- calibre p istols and a
large quantity of ammunition , the same to be used i n preventing the arrest
of Clyde Barrow and Bonnie Parker .
10-
47. On or about February 20, 1934, Floyd Hamilton met Clyde
Barrow, Bonnie P arker , Raymond Hamilton, Mary Pitts and Henry Methvin at a
point on t h e Dall a s -Lancaster Hi .. )lway near Dallas , Texas where Floy d Hamil ton
received from Clyde Barrow, t wo Bro.;ning Automatic Rifles and a nwnber of 4 5-
caliber pistols, said rifles and pistols being delivered to Floyd Hamilton for
safe-k e ep i ng by mim for said Clyde Barrow.
48 . On or about February 26 , 1934, Billie Mace , Mrs. Emma
Parker , Mr s . ClllIlie Barrow , L . C. Barrow , Floyd Hamilton and Mildred Hamilton
drove from Dallas , Texas to a point near Cedar Hill , Texas and met Clyde
Barrow , Bonnie Parker, Raymond Hamil ton , Mary Pitts , Henry Methvin and Joe
Palmer .
49 . On or about February 27 , 1934 , R~nd Hamilton , Clyde
Barrow, Bonnie Parker , Henry Methvin , Joe Palmer and Maxy Pitt s drove to
Lancaster, Texas and robbed a bank , using the money obtained therefrom in
traveling to prevent the a r rest of Clyde Barrow and Bonnie Parker .
50 . On or about February 27' , 1934 , Raymond Hamilton , Mary
Pitt s , Henry Methvin and Joe P almer accompanied Clyde Barrow and Bonnie
Parker f'rom Lancast er, Texas , up through North Texas into Oklahoma , Missouri
and Indiana , said part i es using side roads to prevant t h e arrest of Clyde
Barrow and Bonnie Parker .
51 . On or abou t March 6 , 1934, Raymond Hamil ton and Mary
P i tts left Clyde Barrow and Bonnie Pamer in Terre Haut e , Indiana and
~~aveled to Beawnont , Texas , to suppress suspicion and prevent the arrest
of Clyde Barrow and Bonnie Parker , with the understanding and plans that
they would meet in or near Dall as. Texas as soon as the excitement from the
Lancaster Bank Robbery ha d died down .
52 . On or about March 10 , 1934 , Henry MethVin , Joe P almer ,
Clyde 3 arrow and Bonnie Parker returned to a pOint near Dalla s , Texa s .
53 . On or about fuerch 10, 1934, S . J . V.batley , 
ll-
54 . On or about March 15 . 1934, S . l . Vibatley , acted as a
lookout for Cl yde Barrow and Bonnie Parker while the said Clyde Barrow and
Bonnie Parker were asleep .
55. On or about March 19 , 1934, John Basden and Raymond
Hamilton took some of the guns stolen from the Na tional Guard Armory at
Ranger , Texas and robbe d the bank at Grand Prairie, Texas , the money from
said robbery to be used in traveling and evading the arrest and eppr ehension
of Clyde Barrow, Bonnie Parker , Raymond Hamilton , Henry Methvin and Joe Palmer.
56 . On or about March 28 , 1934, about midnight, Floyd
Hamilt on and James MUll en drov e from Dallas , Texas to a pO i nt near Arlington,
Texas and met Raymond Hamilton for the purpose of arrangi ng a meeting place
for Rpymond Hamilton , Clyde Barr ow and Bonnie P arker. The said J ames ; lullen
remained with Raymond Hamilton at said pOint near Arlington, Texa s .
57 . On or about March 29 , 1934, .Tames Mullen and R8Y,'IIlond
5arnilton drove from a point near Arlington, Texas to Wi chita F e lls , Texas
to contact Mary P itts .
58 . On or about March 29 , 1934, Ja."Ues Mullen and Raymond
Hamilton drove f r om Wich ita Falls t o a pOint near Arlington , Texas and
waited at s a id point for F loyd Hamilton to meet them.
59 . On or about March 29 . 1934, about midnight , Floyd
Hamilton met James Mull en and Raymond Hamilton at a point near Arlington ,
Texas and delivered to Raymond Hamilton a sack of silver money which had
come from the robbery of the Grand Prairie Bank.
60 . On or about March 29 , 1934 , Raymond Hamilton delivered
to Floyd Hamilton a sawed-off shot - gun and instructed Floyd Hamilton to
have the same rep a ired .
61 . On or about March 30, 1934, Floyd Hamilton had a sawed
off shot-gun repai red for Raymond Hamilton and in company with Steve Davis
and James Mull en , tested said gun out near the Trinity River in t h e vicinity
of Dallas , Texas .
62 . On o r about March 30, 1934, Joe Chanbless , Beulah
P r aytor and M:ary P itts drove from Wichita ]talls , Texa s to Dallas , Texas t o
the home of Floyd Hamilton
12-
63 . On or about March 50 , 1934 , ~oe Chambless , Bonnie Parker,
Mary Pitts and Mrs . Steve Davis drove from Floyd Hamilton's home in Dallas ,
Texas to a point near Arlington, Texas and met Raymond Hamilt on.
64 . On or about March 30 , 1934 , ~arres Mullen , Floyd Hamilton
and Mildred Hamilton drove from Dallas, Texas to a po i nt near Arlington ,
Texas and met; Raymond Hamilton and at said time , Floyd Hamilton delivered to
Raymond Hamilton a sawed- of'f shot - gun which the sai d Floyd Hamilton had had
repaired .
65. On or about March 00 , 1934 , Mary Pitts remained wit h
Raymond Hamilton near Arlington , Texas .
66 . On or about March 31, 1934, Raymond Hamilton and Mary
Pitts robbed a bank at West , Texas and kidnaped a weman .
67 . On or about ~ri-l 1 , 1934, Clyde BarroVJ , Bonnie Parker
and Henry Methvin waited on a side road near the Northwest Highway , in the
viCinity of Grapevine, Texa s , f'or Ra~ond Hamilton and Mary Pitts .
68 . On or about lqlril I , 1934, ~ames Mullen drove from
Dall as , Texas to a point near Roanoke, Texas on the Northwest Highway t o
meet Clyde Barrow , Bonnie Parker , Raymond Hanilton , Mary Pitts and Henry
l.[ethvin .
69 . On or about A,:!ril 1 , 1934, S . ~ . ''ihatley drove an auto-
mobile belonging to L. C. Barrow , in cO!llpany with Billie ;.iaee , Mrs . Cumie
Barrow and Mrs . Emma Parker f'rom Dallas , Texas over the Northwest Highway
to a point near Grapevine , Texas , to meet Clyde Barrow , Bonnie Parker and
Henry Methvin .
70 . On or about lqlril I , 1934, Raymond Hamilto n and Mary
Pitts drove f'rom HOuston , Texas to a point near Grapevine , Texas in a Ford
Automobile with yellow wheels.
71 . On or about ~ril I , 1934 , while waiting to contact
Raymond Hamilton and Mary Pitts , on a side road off of' the Northwest High-
way, in the viCini ty of' Grapevine , Texas , and wLile Henry Methvin , Clyde
Barro? and Bonnie Pa:rl!:er were waiting in an autoabile for said Ra~TJllond
Hamilton and Mary Pitts , Clyde BarTOW and Bonnie Parker killed two highway
" patrol!;ften to evade arrest and appr ehension • . Y
13-
72 . On or about April 1, 1934 , af'ter the killing of two high
way pat rolmen in the vicinity of Grapevine , Texas end before contact ing Ray
mond Hamilton end Mary Pitts, Clyde Barrow, Bonnie Parker and Henry Methvin
drove into the State of Oklahoma.
73. On or about Apr il 1 , 1934 , Raymond Hamil ton end Mary
P i tts drove to Wichita Falls, Texas where they met.Toe Chambless .
74 . On or about April 3 . 1934 , .Toe Chambless drove from
Wi chi ta Falls , Texas +' 0 Dallas , Texas to the home of Floyd Hamilton end ad
vised the said Floyd Hemilton that Raymond Hamilt on !bd Mary Pitts were near
Henriet t a , Texas , waiting for Floyd Hamil ton to IlB et them.
75 . On or about April 3 , 1934, Floyd Hamilton , .Tames Mullen
and Steve Davis drove from Dallas , Texas to a point between Ringgold , Texas
and Henrietta , Texas ani met Raymond Hamilton and Mary Pitts .
76 . On o r about April 3 , 1934, at a point between Ringgold ,
Texas and Henr ietta, Texas , F loyd Hamilton , steve Davis , .Tames Mullen,
Mary Pitts and Raymond Hamilton took the yellow wheels off of the automobile
in which Raymond Hamilton and Mary Pitts were riding and exchanged them for
black wheels off of the car in which Floyd Hamilton, .Tanes !!JUl.len end Steve
Davis were riding.
77 . On or about April 3 , 1934, at a point between Ringgold,
Texas and Henrietta, Texas , Raymond Hamilton pai d a sum of money to .Tames
hlullen .
78 . On or about April 3 , 1934, at a point between Ri~gold ,
Texas and Henrietta, Texas , Raymond Hamilton paid a sum of money to steve
Davis .
79 . On or about April 3 , 1934 , at a point between Ringgold ,
Texas end Henrietta , Texas , Raymond Hamilton paid a sum of money to Floyd
H~mllton .
14-
80. On or about .April 6 . 1934. while Henry Methvin, Clyde
Barrow and Bonnie Parl!:er were traveling through the City of Co=erce,
Oklahoma, Clyde Barrow killed a peace o:.'ficer to prevent the arrest and ap-
prehension of Clyde Barrow and Bonnie Parker.
All. of which acts of the said defendants . and each of them,
Viere contrary to the form of the statute in such case nade and provided and
against the peace and dignity of the United States of America .
A TRUE BILL .
~~2?z,uJ~ FOi'emanthe Grand ;rury .
,
IN THE DISTRICT COURT OF THE mUTED STATES
FOR TH:::: NORTHEffi~ DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF ~v.ERICA
VS .
MARY O'DARE, ET AL
I I I I I
TO THE EONORABLE WILLIAM H. AT7\ELL, JUDGE OF SAID COURT :
Now comes Clyde O. Eastus , United States Attorney
for the Northern District of Texas , and respectfully represents:
1.
That an indictment will be requested of the Grand
Jury for the Northern District of Texas on or about January 21 ,
1935, charging one l~ry O'Dare and others wi th conspiring to
violate Section 246 , Title 18, United States Code.
2.
That one Henry Methvin is a material witness for
the said United States , and said witness is being held for safe-
keeping for the Sheriff of Ottawa County, Oklahoma , in the Okla-
homa State Penitentiary at McAlester, Oklahoma, and is now in the
custody of Sam E. Brown, the warden of sai d. institution .
WHEREFORE , your petitioner respectfully prays that
the Clerk of this Court be instructed to issue a writ of habeas
corpus ad testificandum to the said Sam E . Brown, warden of said
Oklahoma State Penitentiary, and to the Sheriff of Ottawa County,
Oklahoma , and to J . R . Wright, United States I{.arshal for the
Northern District of Texas, to bring the s a id Henry :r..~ethvin be
fore the said Grand Jury to testify in said cause; to keep him
safely and to return him to the warden of said penitentiary as
soon as possible after his testimony is heard by said gr and jury.
I!; THE DISTRICT COURT OF THE UNITED STATES
FOR TH:S l'WRTHERH DISTRICT OF T'l'...JCAS
DALLAS DIVISION
UNITED STATES OF .Al£i:RICA I I
VS . I I
MARY 0 ' DARE , ET AL I
"-
~ On this the I)T - day of January, A. D. 1935, came
on t o be heard the motion of the United States Attorney for a
writ of habeas corpus ad test i ficandum for Henry Methvin , now
confined in the Oklahoma State Penitentiary, McAlester , Okl a-
homa , for safekeeping for the Sheriff of Ottawa County, Okla-
homa , to appear before the United States grand jury at Dallas ,
Texas , to test i fy against Mary O' Dare and others ; and it appear-
ing to the Court that the said Henry Methvin is a necessary wit -
ness in said cause;
Now , therefore , it is hereby order ed tha t the Cl erk
of this Court iss ue a writ of habeas corpus ad test i ficandum t o
Sam E . Brown, warden of the Oklahoma State Penitentiary, McAls ster ,
Oklahoma; to the Sheriff of Ottawa County, Oklahoma ; and to J . R .
Wright , United States Marshal for the Northern District of Texas;
to bring the said Henry ffiethvin before the United States gr and
jury for the Northern District of Texas at Dallas , Texas , on t he
21st day of January , A. D. 1935, at ten o ' clock in the morning ,
as a witness in the case of Uni t ed States vs . Mary O' Dare and
others ; to ret urn him to said penitentiary as soon as possible
after his testimony is heard by said grand jury.
unITED ST.\TES DISTRICT JUDGE , Northern District of Texas .
i
1 .
No. 8250, Cr.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
United States of America
v.
MARY PITTS, alias Mary O'Dare,
et al.
o R D E R
Filed ••••• .L ...... day of.1M~:L..19.~ GEO. Vi . ~~:'"!ierk l?yn ... ~~~ .. Deputy
1), ....... '
_ r\) I
C\J ( I ~~
J
IN 'E-IE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRI CT OF TEXAS
DALL"1!B DIVISION
United States of America 0 o
v. 0 o
Mary P itts, alias Mary O'Dare, 0 ~
et al. 0
:i.'JO. 8250, Cr.
On this the 1st day of February, A. D. 1935, came on to
be heard the ap~lication of Clyde o. Eastus, United states Attorney
for the Northern District of Texa s , said application requesting that
one J AMES I,mLLEN, alias Jimmie Lamont, be placed in the Ellis County
Jail at Waxahachie, Texas, and the Court being of the op inion that
said application is well taken;
IT IS, THEREFORE, ORDERED Al."JD DECREED, and the Marshal
is, therefore, directed, to take the body of the said JAIvIES MULLEN ,
alias Jimmie Lamont, and place him in the Ellis County Jail at
Waxahachie, Texas.
UNITED STATES DIsrRICT JDDGE.
t.
, ,
f
No. 8250, Cr.
UNITED STATES DISTRICT COURI'
NOR~r~RN DISTRICT OF TEXAS
DALIAS DIVISION
United Stutes of America
v.
Mary f~i t ts. alias r,;ary 0 t Dare.
et a1.
MOTION OF UNITED STATES ATTORNEY
. j .... " ~ :£ 'Vi (!' tv"" r .- l \ ~\~
•
IN THE ~ISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF TEXAS
DALLA.S DIVISION
United States of America ~ ~
v. 0 o
Mary Fitts, alias Mary O'Dare, ~ I
et al. )
NO . 8250, Cr.
TO THE HONORABLE WILLIAM H. A'TIIELL , UNITED STATES DISTRICT JUDGE:
Now comes the United States of America by Clyde O. Eastus,
its United States Attorney for the Northern District of Texas, and
respectfully repre sen ts and shows to the Court that one JJUiIES MULLEN,
alias Jimmie Lamont, was indicted by the grand jury for the Northern
District of Texas on the 24th day of January, A. D. 1935, charging
him with twenty-two others Wi2h a conspiracy to harbor and conceal
Clyde Barrow and Bonnie Farker ; that ei ghteen of the defendants in
said cause are now in custody, fourteen of whom are confined in the
Dallas County Jail; that your district attorney has inforwBtion that
if the defendant, JAl.;ES MULLEN, alias .Timmie Lamont, were pla ced in
the Dalla s County Jail, his life would be in serious danger;
Therefore, he respectfully represents to your honor that
it would be to the best interest of the government that this defendant
be placed in another jail, and respectfully requests that the Marshal
be dire cted to place the said .TAJlliliS IvIULLEN, alias .Timmie Lamont,
in the Ellis County Jail at Waxahachie , Texas.
)
) •
t.
No. 8250. Cr.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ~lAS
DALLAS DIVISION
United States of America
v.
S . J. iVHATLEY . alias Baldy Vfuatley. et al.
APPLICATION FOR ORDER FOR
ViRIT OF ILb,.BEAS CORPt:S AD
PROSEQUENDUM
lIT Till DISTRICT COURT OF THE UNITED STATES
FOR TEE NORTHERN DISTRICT OF 'l'~x..Il..S
DALLAS DIVISION
United States of Ame r i ca
v .
S . 3 . WF~TLEY , a l ias Baldy ',I~atley , et a 1.
No . 8250 , Cr .
TO THE E01~ORABLE ·,;ILLIAJ.: H. A'l'I'l~LL , JUDGE OF SAID COURT :
Now comes Clyde O. Eastus , United States Attorney
for the Northern District of Texas , and respectfully represents :
1.
That an indictment was returned by the gr and jury
for the Northern District of Texas on or about 3anuary 24 , 1 935 ,
charging one S . 3 . WHATLEY, alias Baldy Whatley , with conspi racy
to vio l ate Sec . 246 , Title 18 , United States Code .
2 .
That S . 3 . 'iIHA.TLEY , alias Baldy VThatley , is serving
a sentence imposed by this Co urt in the Unit ed States Penitentiary
at Leavenworth , Kansas , and is no" i n the custody of the Attorney
General of the United States of America at sa i d penitentiary, of
"hich F . G. Zerbst is warden .
WHERE§O:~ , your petitioner respectfully prays that
the Clerk of this Court be instructed to issue a writ of habeas
corpus ad prosequendum to the said Attorne y General of the said
United wtates and the said F . G. ~erbst , warden of said peni -
tentiary, and to 3 . R . '\'ri ght , -:';nite d Jtates .:arshal of the Nor-
thern District of Texas , to bring the s a i d S . 3 . ~iHll.TLEY, al i as
Baldy " hatley, before th _ said court to answer to said charg e ; to
ke e p him safe duri~~ the trial of said cause ; and to return him
to the ~arden of said penitentia~y as soon as ths case is dis -
posed of .
United utates attorney
No . 8250 , Cr .
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
United States of America
v .
Mrs . Blanche (Buck) Barrow
APPLICATION FOR ORDER FOR
WRIT OF HABEAS CORPUS AD
PROSEQ,UE1'DUM
IN THE ~ ISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
United States 01' America ~ t
v. 0 No . 8250, Cr. ~
Mrs. Blanche (Buck) Barrow 0
TO THE HONORABLE WILLIA/I~ H: ATWELL , JUDGE OF SAID COURT:
Now co~es Clyde O. Eastus, United States Attorney
for the Northern District 01' Texas, and respectfully represents:
1.
That an indictment was returned by the grand jury
1'or the Northern District of Texas on or about January 24, 1935,
charging one Mrs . Blanche (Buck) Barrow with cons piracy to
violate Sec. 246 , Title 18, United States Code.
2 .
That 1~s . Blanche (Buck) Barrow is serving a sentence
imposed by the state, in the Kissouri state Penitentiary 1'or
Women, at Jef1'erson City, Missouri, and is now in the custody 01'
the sUperintendent at said penitentiary .
vmEREFOR2 , your petitioner respectfully prays that
the Clerk of this Court be instructed to issue a writ of habeas
corpus ad prosequendum to the s a id superintendent 01' said peni-
tentiary, and to J. R. Wright, United states Marshal 01' the
Northern District 01' Texas, to bring the said Mrs . Blanche (Buck)
Barrow be1'ore the said court to answer to s a id charge; to keep
h er sa1'e during the trial 01' s id cause; and to return her to
the superintendent 01' said penitentiary as soon a s the case is
disposed of.
"
No . 8250 , Cr .
UNITED STATES OF ANJERICA
v.
W. H. BYBEE, alias Hilton Bybee
ORDER FOR WR IT OF
HABEAS CORPUS AD PROS~-
Q,UENDUM
Fifed •••• \2 ....... daY Of'?(~·Jg~~ GE-O. '1;\ r :~~F.~; ~/§I4i
.. ~~~D.,.q
,.
n~ ~rlE DISTRICT COURT OF Tl-'::E UNITED STATES
FOR THE NORTHERlJ DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF Al.~RICA
v . No . 8250 , Cr .
W. H. BYBEE, alias Hilton Bybee
On this the t day of'k~. D. 1935 , ----came on to be heard the motion of the United States Attorney
f'or the Northern District of Texas, and it is hereby ordered
that the Clerk of this Court issue a writ of habeas corpus ad
prosequendum to W. W. Waid , Warden of the State Prison at
Huntsville , Texas; and J . R. Wright, United States Marshal of
the Northern District of Texas, to bring W. H. BYBEE, alias
Hilton Bybee, before the federal court on the 22nd day of
February, A. D. 1935 , at ten o ' clock in the morning , to answer
to a charge of having conspired to harbor certain fugitives
from justice and return him to the said prison as soon as the
case is disposed of .
m~ITED ST~TES DISTRICT JUDGE , Northern District of Texas.
\
•
No. 8250, Cr.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
United States of America
v.
Mrs. Blanche (Buck) Barrow
ORDER FOR WRIT OF HABEAS
CORPUS AD PROSEQUENDUM
d
\. d'" C.'X~· . ~~ FHe ----~ .------. - . Gl:-O. ~T. P f ... l.l~"'''' II.
e
,-" \..~:W ' ~ .... Deputy F¥ , ,:)~).O.--... .~
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
United States of America
v .
MRS. BLANCHE (BUCK) BARROW
On this the
I I I I I
day
No . 8250 , Cr .
A. D. 1935, came
on to be heard the motion of the
the Northern District of Texas, and it is hereby ordered that
the Clerk of this Court issue a writ of habeas corpus ad prose
quendum to the Superintendent of the Missouri State Penitentiary
for omen, Jefferson City, Missouri; and J . R. Wright, United
states Marshal of the Northern District of Texas, to bring MRS .
BLANCHE (BUCK) BARROW, before the Federal court on the 22nd
day of February, A. D. 1935, at ten o ' clock in the morning ,
to answer to a charge of having conspired to harbor certain
fugitives from justice, and to return her to the said penitent-
iary as soon as the case is disposed of.
IDfITED STATES DISTRICT JUDGE Northern District of Texas
No. 8250, Cr;.~--------------------------------------~--------------------------------------------
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
1 • \
United states of America
v.
S. J. 'iHi.TLEY, alias
BaldYIThatley , et al.
ORDER FOR ,mIT OF HABEAS
, \
CORPUS AD PROSEQ,UENDUM
(I (0 ?. j,. -~ t.
Filed _____ k 'v~ --------day f~:L \~\ ,GEO. R' P~RKER-- - -19~~_ qy._,:\~~ • C/9 ---- W. -- - - -- ----- D9PUty
I
"
16~
FOH
.... ALLA'" ~I'TI ..... IO.T
Un:ted ut~tes of merica
v . !.o . 8250 , Cr .
...J . J . .~. ~L=:t , alias Bela.y.. "It- , "al .
0 •• this He
on to be h& r~ t~ vtion of
Northern ~~strict of L eA s ,
~ . ~ . 1935 , came
Atturney for the
it is hereby ordered that the
Clerk of this ourt issue a writ 0'" h&bel. cor 'us ad prosequendum
to the t torney ucnere.l of th United utates of .... merica ; F . G .
Zerbst, .arden of tre united utates Feni tentiar~·, Leavenworth ,
Kansas ; and J . .ite ",t tes .mrshal of the ~orthern
istrict of ~'exas , to brin", .:> . J • • I.:A_IEY , ali s Bald: .• 11atle;; ,
before t'1e feder<:ll court on t. b 2<...1-.. dey of Februar.r , A. D. IS'.) ,
at ten o ' clock in t~3 mornin , to answer to ~ char e o~ t~vinc
conspired to harbor certain fu itives from justice , to be re -
tJrled to the said penitentiar" as soon as ttw case is disposed
of .
J
\
f,
,
NO . 8250 CR .
UNITED STATES DISTRIC T COURT
NORI'l:J..uRN DIS TRICT @ TEXAS
DALIAS DIVIS ION
IfSt'SI!Cl l' 6 lJOC\{i't. Nul.f.f~ f"
UNITED STA.TES OF A.'.lliRICA
V.
iVILLIAM: DANI EL JONES
WRIT OF HABEAS CORPUS AD
PROSL.."U'.&NDUM .
8Y~. .!Jk'o,puly
, ~
I ,
NO . 8250 CR .
UNITED STATES DISTRICT COURT
Nom~J.uRN DIS Ti\ICT 0::' T.t::Xti.S
DALLA.S DIVIS ION
IfBl'!!II'~ l' s lJOCl'."t. Nu l f-f..! f"
UNITBD STATES OF A~.fuRICA
v. "i'ULLIAM DANIEL JONES
WRIT OF HAB2AS COP.PUS AD
P:&OS'~ I-j,U'JoND1Th1 .
~I :Y.~ ... 19.~.~""--~ .. day of.~.U. ~ .••••. ..... . P AHKt-R Cle K GE.O.w.~ ~.~ . .W UIPUf, B.r.. . \
United States
v .
--
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF TEY~S
DALIAS DIVISION
of' America I I I No . 8250 Cr . I
William Daniel ;rones et all
THE PRESIDENT OF THE UNITED S'nTES OF AMERICA TO :-
w. W. Waid , Warden , State Prison , Huntsville , Texas ,
;r . R. Wright , United States Marshal , Northern District of Texas,
GREETINGS :
You are hereby commanded to have the body of Will i am Daniel ;rones,
now detained at the State Prison at Huntsville , Texas , in custody of
w. Wo Wa i d , Warden , as it is said , under safe and secure conduct before
the term of United States District Court for the Northern District of
Texas , at Dallas , Texas , to be held in the United States Court located
in the Post Office Buildi ng , CitU of Dallas and County of Dallas, on
the 22d day of February , A. D. 1935 , at ten o'clock in the forenoon, to
answer to a charge of having violated Section 88, Title 18 , United States
Code , tOWit , conspiring with divers persons to harbor and conceal certain
persons known to them to be fugitives from justice ~ wherein the said
Will i am Daniel ;rones is defendant , and the United States of America is
plaintiff ; and immediately after the said William Da®iel ;rones 31all
then and there have been tried for said offense , that you return him . , to the custody aforesaid at Huntsville , TexaS , under safe and secure
conduct. ' .
4 And have you then and there this writ. • :II . ... .. .. ..,.
WITNESS THE HONORABLE \'lILLIAM HAWLEY ATWELL, judge of the bistriet
Court of the United States for the Northern District of Texas , Dallas
DiviSion , at the United States
Texas , this the \~ Building, Dallas,
GEORGE W. PARKER , Clerk of the District Court of the United States , Northern District
~~~~~
J
NO . 8250 CR.
UNITED STATES DISTRICT COUET
NORTHERN DISTRIC T OF ThlCAS
DALIAS DIVISION
UNITBD STATES Ol!' A,.iliRICA
V .
• VILLILil DANII:.;L JONES
ORDER FOR ",mIT OF HABEAS
CORPUS AD PROSE <l.UENDUlvl.
Fi;ed .. "~ ........ ".~ay of~1w.19.~~ ~LO, ~",~ ~li{~~~:CIe~
By"~~V1L .•. Deputl
~/J 1"1
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISI'RICT OF TEXAS
DALIAS DIVISION
United States of America I I
v . I I
Will iam Daniel Jones et all
No . 8250 Cr.
____ ~ _______ day Of~~A. D. 1935 , came on
heard the motion of the United States At~~ney for the Northern
On this the
....
to be
D:Is tri ct
of Texas , and it is hereby ordered that the Clerk of this Court issue
a writ 0 f habeas corpus ad prosequendum to Vi. W. Wa id , Warden of the
State Prison at Huntsville , Texas ; and J . R. Wright , United States Marshal
of the Northern District of Texas , to bring Willi am Da1iel Jones before
the federal court on the 22d day of February, A. D. 1935 , at ten O' clock
in the morning , to answer to a charge of having conspired to harbor
certain fugitives from justice and return him to the said prison as
soon as the case is disposed of .
UNITED STATES DISTRICT JUl GE , Northern District of Texas .
No . 8250 , Cr .
UNITED STAT1!'S OF AMERICA
v .
W. H. BYBEE , a lia s Hil ton Bybee
WRIT OF HABEA.S CORPUS
AD PROSEQ,UENDUM
"'""',, ..... ,,1." Docket N/ PF 2. "
~ •.••• d" )t~ .. ,,·~~ . GE.O. ~" PARKc.R. Clerk
~\\ ~'S:. . ...... . w. .... Deputy By .••••• ,;-." ••••••• ""
!
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF Ak~RICA I I I I I
v. No . 8250, Cr.
W. H. BYBEE, alias Hilton Bybee
THE PRESIDENT OF THE UNITED STATES OF AMERICA TO:-
W. W. Waid , Warden, State Prison, Huntsville, Texas,
J. R. Wright , United States Marshal , Northern District of Texas,
GREETINGS:
You are hereby commanded to have the body of W. H.
BYBEE, alias Hilton Bybee, now detained at the State Prison at Hunts
ville, Texas, in custody of W. W. Waid , Warden , as it is said, under
safe and secure conduct before the terffi of United States District
Court for the Northern District of Texas, at Dallas, Texas, to be
held in the United States Court located in the Post Office Building,
City of Dallas and County of Dallas, on the 22nd day of February,
A. D., 1935, at ten o'clock in the forenoon, to answer to a charge
of having violated Section 88, Title 18, United States Code, to wit,
conspiring with divers persons to harbor and conceal certain persons
known to them to be fugitives from justice, wherein the said W. H.
BYBEE, alias Hilton Bybee, is defendant, and tpe United States of
America is plaintiff; and immediately after the said W. H. BYBEE,
alias Hilton Bybee, shall then and there h~e been'tried for said • • • offense, that you return him to the custody aforesaid at Huntsville, ,
Texas, under safe ann secure conduct.
And have you then and there this writ.
WITNESS THE- HONORABLE WILLIAM'HAWLEY ATWELL, jhdge of
the District Court of the United States for the Northern District of
Texas, Dallas Division, at the United States Court and Post Office
Euilding, Delles, Texes, this the (., ~ dey of 1:9D. 1935.
GEORGE W. PARKER, Clerk of the District Court of the United States, Northern of Texa s . ~ \llJ ... .M.-"--1I
No. 8250, Cr.
UNITED STATES OF AKH:RICA
v.
W. H. BYBEE, alias Hil ton Bybee
APPLICATION FOR ORD"ER
FOR WR IT OF HABEAS
CORPUS AD PROSEQUENDUM.
".d ..... 0 ...... d.' o/~. 19?)5. GEO. ~~~~~:~,k ~~\W- Deputy
"""'"
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA
v . No. 8250, Cr .
H. BYBEE, alias Hilton Bybee
TO THE HONORABLE WILLIAM H. ATiIELL, JUDGE OF SAID COURT :
Now comes Clyde O. Eastus, United States Attorney
for the Northern District of Texas, and respectfully repre-
sents:
1 .
That an indictment was returned by the grand jury
for the Northern District of Texas on or about January 24, 1935,
charging one W. H. BYBEE, alias Hilton Bybee, with conspiracy
to violate Section 246 , Title 18 , United States Code.
2 .
That W. H. BYBEE, alias Hilton Bybee, is serving a
sentence imposed by the state Court in the State Prison at Hunts-
ville, Texas, and is now in the custody of W. W. Waid , Warden at
said penitentiary .
WHEREFORE, your petitioner respectfully prays that
the Clerk of this Court be instructed to issue a writ of habeas
corpus ad prosequendum to the said warden of said penitentiary,
and to J . R. right , United States Marshal of the Northern Dis
trict of Texas, to bring the said W. H. BYBEE, alias Hilton Bybee ,
before the said court to answer to said charge; to keep him safe
during the tiral of said cause; and to return him to the warden
of said penitentiary as soon as the case is disposed of .
Un ted States Attorney
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PRAECIPE FOR SUBPOENA OTHER THAN ON BEHALF OF UNITED STATES D. C. Form.. No. 25
lltuiteb ~tatell ililltrirt «ourt
______ ~_~~_~.~~ ___ ~_!~_~_~~ ___ ~!. __ ~~E_~~_~ ____________________ 1 V8. N o. _________ ~g~Q _________ _
mry Pitts alias t·ary O' Dare ,et a18 -----.-------------. ------------------------.---------------------------------.-
To the Clerk of said Court:
Please issue Subpoena for _____ R_ • ."2._b.J&~J.I.XU;l&;r;'_'_l)_E?_121!:t!y __ ll:!_e_~ ;~:!'!__~~~~.!.:p_~_~~_~_I?.L~~~~_f?_~ _____ _
______ ~_~ __ ~_P.p_~~! __ ~_~~ ___ ~!!~_~ __ ~!!:_~ __ ¥~~ _____ :1J._1 ___ E'!.r..r~n:t~ ___ .<?_r __ 1l_r'<?_9.~_~~ __ Jn. ___ ~_J:l:~ _____ ____________ _ possession of the T-nited st"tes :arshal's office in t he case of
--------'{Jni-t-ed---s-ta-t-es---v-s--C-l-yd:e---3a-r-rew--a-nd---Be-Im-=i:e---Pa-Fk-eF-,-w-hi.G4:l.--~s.e---was_---------
filed on r:ary 20 ,1933 , and the original warrants issued on the ---------s-ame--dat-e-~--------------------------------------.-------------------------------------------------------------------------------------------------
to appear as witness ____________ on behalf of __ .D_e_f.t_ .. :::;:~:ma __ E~.:rJs:_~I: _______________________ on the ______ ?_? ___________ _
JI' o. ________ ________ __ _____ _
lItniteb ~tutes mistrid (!tonrl ____________ ______________ DIS1RICT OF ______ ___________________ _
118.
Praecipe for Subpoena other than on behalf of United States
o.r. a. tH>n.,. .. I"."ftl-rtr~o "rrcI: IOn 7-1630
PR AEC I PE FOR SUBPOEN A OTHER THAN ON BEHALF OF UNITED STATES D . C. For:m. N o . 26
Bnit~b ~tat~n ilintrirt (!tourt :::la lIas ______ D IVIS ION. ______ ::_Q;rJ<tH~_J::J1 __ DISTRICT of ____ Texa,~L ______ _ -------------------
______ ~~~_~.::~ __ ~_~_~_~_~_~ ___ ~! ___ ~~E_~~_:: _______________ _____ 1 V8_ No. __ __ _____ ~~~Q ______ ___ _
1,:ary Pitts alias Hary O' Dare , et a ls - ---------------.-- ------------------------------------------------------------
To t h e Clerk of said Court:
Please issue Subpoena for __ ~_E?~ __ J~_· ___ §nttg.l.!Jn._tt.~_9., __ S_t12__t.~.§ __ Q_Q_mmis_6i.o_ner_, _________ ~ __ ________ _
______ ~_? __ ~_~R_~~.! ___ ~_~~ ___ ~~_~~z. __ ~!~_I:! __ yQ~ ___ th!LQ.9_~ll_J:~J_n_t.~ ___ yt~"l'_J::gJltJL~_'J.Q ___ ?_J.L;p.ro-c.e.ss
i ssued in the case or United Sta tes vs Sl yde ~rrOTI an d nonnie a r k er ---ttfe---arTc'TnaT"Warrants---liavTiig---5e-en---riisiiEi(f---by--y-ou---as---the--'eIi'-fte-d--Sta-tes--___ ~_()_~:!:.~_~~'<:>_~~_~ __ .c?_~ _______ 2 __ ~_Q.l._l~;?';?'.L _______________ ___________________________________ _____________________ ________________________ _
---.-. ----------------------------------------------------------------------------------------------------------------------------------------------------.-.--------
to appear as witness ------------ on behalf of --Def-t-.~--?_a-rker-------- - ------- - - ---- - - on the _____ ?_~ _____ ___ ___ _
day of ________ ~_~_?~ ________________ , A. D. 19 _~_~ ___ , at _______ J-_Q ___ _____ ___ ___ o'clock ___ ..:>. ______ M .
-_____ §rfw_~~1ll~------- --Subpoena issued __ 3::_~ ____ \_~ ______ , 1 9~B
7-1530 .Attorneyfor ___ ~--~-l?~ . ---
IN THE UEITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
TEXAS
UNITED STATES
VS
MARY PITTS, ALIAS
MARY OIDARE,ET AL.
DALLAS DIVISION.
No . B2 5LJCRIMINAL
TO THE HONORABLE WILLAM HAWLEY ATWELL, JUDGE OF SAID COURT:
Come now Joe Chambless, Buelah Praytor and
Mary Pitts, defendants in the above styled and numbered cause,
by their attorney, and demur generally to the indictment filed
herein and move the Court to quash said indictment and assign
as cause the following reasons:
FIRST .
The indictment is vague and indefinite in that:
(a) It fails xo assign these defendants their
portion in the conspiracy alleged, and fails to
describe their part therein.
(b) It fails to state with sufficient definite
ness the charges which said defendants are called
upon to meet so that they can make their defense
thereto.
SEC:OND.
Because the i ndictment does not set forth haec
verba the warrant and process alleged therein to have been issued
on May 20, 1933, by Lee R. Smith, United States Commissioner for
Dallas Division for tee Northern District of Texas, because such
written instrwnent is an essential part of the offense charged,
in fact the very pith of the crime itself.
THI?J) .
That none of the counts in the indictment is suf
ficiently definite or certain to conform to the reauirements of the
Sixth Amendment to the Oonstitution of the United States.
WHEREFORE, defendants pray that this demurrer
be sustained and this indictment dism i ssed , and t hat they go
hence without day .
This the ~ I day of February, A. D. 1935 .
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5r~'6i--fBrr~' 10 A'1p --~ T --- pa,y
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Received this writ . executed 1 that part
at Dallas.Tex.Z-7-35.And .at Dallas . Tex. Feb. 11-35o of' ~his l\1rrit t as'~t~ iiiiving the' defendants here.
I \
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J .H.Vrigh~shAl
_ " " By J;~~ ,. ;t ,',: .0010 o. ' { ~ Depaty •
a . r.t !:~ .~·lfl ltol:~!l9c..J L~v ~_~l' "::-. 't:') f~~'IBlf
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va
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;t
I TH: nr TRICT COUIT OF •
FOR THE NORTHEm D!STHICT C ~
DALLA DIVIuION
R SID!!' OF T T~ 0 A lCA TO: -
The Attorn y Gener 1 ot the United Stetes or A erio ,
F. G. ,erbst, erd n, United t te~ Penitent1 ry, Leavenworth,Ken 88.
J. R. ,right. United utate
OREETH GS:
rahel. northern D1atrict or Texes,
You ere horeby co nded to heve the body ot ~.
atloy, no det in d under the custody of ~~~y~, elias E Idy
the 8 1d ttorn y r 1 end the said F. G. Zerbst, at the United .. at te Fen 1 tential" , - , . svenworth, Kens ~, 8 it i 8 1d, under
sare nd " ecure conduct befof the tar ot United .,tates Distr1ct . Court ror the Horthern Dlstliot or TeXSB, D l1ee, Texas. to be
held 1r{l~t; q t$ ~17w elnt bovlsoeti • 11~ ~ Q 11.oe~u.Ud-
1 '., ~lIt Ci Delles, on the 22nd day ot Feb-
rWl Y~~i9 G: 8~ o'clock in the forenoon. to snswer to 8
ch r£e of having violated aotion 88, Tltle 18, Un1t d Stetes Code,
to 111 t, oonsplr ing w1 th d1 v .rs persons to h rbor nd conee 1 cer-
t In persona known to them to b Tugltlves from justioe. here1n
th 8 1d S. J. lRATL , alla D 1dy hatley, 1s deTendnnt. end the
United States of America i8 plaintiff; nd immediately aTter the
a1d • J. HATLEY. 11a8 Baldy hatley. h 11 then and there hava
been tried for a id oTrense, th t you return him to the dustody arore
aid at La venworth, Konsa , Under seTe and secure conduct.
And hev you then nd there thl. wr1t.
IT!" S HO roRA LE WILLIA HAWLEY ATWELL, Jud a of
the D1atr1ot Court of the United States for the llorthern Dlstrlot ot
Texas, D lins Division,
Build1n , Dulle , T x t the 01 ted tot COU~ 1:".. t n fice
• th16 the 19 d y 0:1' ~\ • 1935 .
G nGE • ~K , c, ry~ott he n trlct Co it of the
Dn.~~~~~~t~
JWillILU, 's . ETUBlI I REC":rvm:t this. wri t at :Jallas , Texas , '-on the 6th.:j@,'L~ePr
ruarr, 1935 and parhal1~ executed same on the 11th. day (fro, .:: ebrul?J'Y, 1935 , by returning S. J:f:HkTLEY from The 0nited s tates Penitenti~at Leavenworth , Y~sas , and placing him in the Dallas , County , Jail .
J . R. ·.lRIG~ , United States ::arshal ,
by czr.-~ ~~ 0
J . B. ~exand~r, Deputy.
REC :8JV:l) this "l'r.ri t at .Jal1as , Texas" on the 6th. da;:r; of February , 19251 and finally executed same on tne 28th. day of l' ebr~ 1935 by de ivering the within na.L1ed. S. J • . HATLEY back to the "arden A. of the United s tates Penitentiary at Leavenworth , I:8nsas , as her~in
r . ~~~ + commanded. ~1 -<7/
J .. . : ight , U11ited States r arshal . ill
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IN THE Dr TRICT COURT OF THE UNITED STATES
FOR TEI:; NORTHERN DISTHICT OF TEXAS
Dfl.LLAG -01"11 SIOn
.Til~ ?R11'SID'r"T OF m2 UNITED STA.T::S
,.. Th(i A"torney General or the United States-Pot' _~ 'le~ --v- - ~~ F. G. Zerbst, T.arden, United States Pen1ten~ry. ~venworth,K8nsBs ,
I , L ::-. R. jir1eht , United States Morshal, Uortl:1ern l D1~rict of Texas,
GRl'-:'1'INGS: f You are hereby commanded to ~~ th~bOdY of ~. J.
WHA'l'l.EY, 81105 EnIdy L.st1e:r, no~, deta1n~d ~der jhG custody of , .
: +;he setd .\ttorrley Gi'mernlonu the said r. t . ·Zerbst, at the iJnited
"'ta t(;) S Peni tentiar~', Leavenworth, Kanf'6S, .g it is said, under o , sure ana secure c::mduct befofe the term cjf .:nited states District
Court for the Northern District of Texes , Dallas, Texas , to be
held in the United s tates COUTt located in ~ e :Fost Ortice Build-
inr, city 01' DpI1as and County of' Dalles, on the 22nd day of' Feb-
ruary. A. D. 1935, at ton o'clock in the forenoon , to answer to e
che-re,e of having violated Cect10n 86. 'Title 16, United States Code ,
t
2 ,
!:Jr . ~ '~'i>-l ct J
III i' :n T?VI 1.r"3: 1 J'll.ii'~S l.lI.jTRIG'l' C WiT .i!'J.{ 'I'll] NO_{L'Ht:..U ~ I ":1110'1' OF ~lE:.~ 'Lj , l),\ ..... ~. '~cl 1 "IdlOr
United dtstes of "merica , Pla intiff
- vs -
J •• e. r y Pitts , alias ~.ary O'Dare . et !ll ,
Defendants .
Demurrer to and ~otlon to J,uash I ndictmen t •
-----'-, ~J . j~
m~ " " Ul
'~dw Hit 0 . I,ieer. , .• ttorney ..it ~;..I'"
Y.i I'b;,,' lU ild i r g, -kl11'.iJ , :i!GZlS .
III THE m<I T ST \.'l'ES DISTRICT counT
:b'OR THE HORTtIERU ])1 STRICT Ob' TRl .:3
D IL.S DIVISION .
TF~ mETED ST . .'IZS OF 'U'"3RIC J
vs . :t'C . ~ J... '<} 0 - ~ -
};,ary Pitts , 1iS8 L~r. O' D re o et ,,1 .
Tf) 1'HT: HOr;OR BLE rHILIA:l HA lIEY \T .'ELI , JUDGE OJ!' ;) U COu'RT :
I,ow comes lura . .lm~ Parl~er , ~ <..efendant in the sbove
styled WId numbered criminal cause , by and through her !'l. ttorney .
~dward C • . ,eek , ",no' demurs geners11:r to !;n indictment filed
herein n~ moves the court to qu sh the same , nd assigns theref~re
the fo11o\7ing re sons :
- 1-
The indictment is v gue and indefinite in that :
(u) It fsils to assign Llis defend. nt her portion
in the alleged conspiracy , end fails to describe fler part therein .
(b) It fails to state with suf:fl.cient definiteness
the charges the defenCl nt , ... r", . dnma Parker , ia called upon to
meet so that sne can m~ke her defense thereto .
Because the indictment does not set forth haec verba the
WGrrant and fIo cess slleged tLerG in to nave been issued on -:'sy
20th . 1933 . by :::'ee rni th , Cnited States Commissioner for the
j; 11_8 .:Jlvision for t he !.ort .. ern District of Texas , becduse such
\iri t ten instrument 1.s an essentLl part of the offense chsr"ed ,
in f.;.ct tIe very pith of the crime itsel:t .
TIHER'!:)OR~; the defend nt prays that
sust ined and tnis indictment be dismissed ,
wit. out c...:.y . This .;(~..u(day of 'ebruo>ry .
this demurrer be
nd th.)t she ~o hen ce
-. ). 1935 _
r
No .frJQ_~
IN l'Hj~ UNI1'ED 8TATE8 DISTRICT COUHT , HOm'HERlJ DI STRICT Ojj'
TEXLJ , DALLAS DIVI& on .
United Jtates of America
-vs-
I.:ary Pitts , altas Mary O ' Dare , et a1.
Jefendant ' s , Mrs . Emma Parker ' s , Mot ion for Continuance , and Affidavit .
~dward C. l,.eek , Attorney at ~aw , Kirby BuildiM . De llas . ·r exe s .
n THE m;ITED S'i.' .• TES DI.::lTRICT COURT
FOR THE ~ Offi'HZRU ilI.3TRIC'r OF TEXAS
DALLAS DIVISION
unT ~D ST 1:;:3 OF ArlERICA
vs . No .
1. .RV lITTS, alias L;.RY O t D~RE , et a1.
'1'0 1: IL:: HOlIORABLE 'rILL!. ,. H . AT 'FELL , JL'DGE CF SAID COURT :
N ow comes Krs . Jinma Parker , one of the defendant s in
the above entitled and numbered criminal cause , and moves the
court for a continuance of such case until the next term of this
court on the following grounds , as will more fully appear from
the affidavit of :Edward C. l"'eek , attorney for the defendant , 11,-rs .
Emma Parker , attached hereto and made a part thereof ; towit :
First :
Because of the failure and refusal of Lee R. Smith ,
the United states Commissioner for the Dallas Division of the
Uni ted (;itates District Court for the Northern lJistrict of Texas
to comply with the terms of a certain subpoen duoes tecum issued
on the 18th day of .. "ebruary , ,,. . D. 1935 ,
::lmi th on the I gltdS.Y of February , ~ . D . and served upon Lee R.
1935 , which subpoena duces
tecum required him to appear at 10 A. I: . on February 22nd , 1935 ,
and bring in his possession certain official records of his office ,
tmvit: the complaint , warrants or process issued in the case of
United Jtates of .~merica vs . Clyde Barrow aLd Bonnie Parker , such
case being filed with the United States Jommiss1oner , and warrants
purported to have been issued on the 20th day of Hay , A. D. 1933 .
Second :
Because of the failure and refusal of R. G. Alexander ,
a deputy United i:>tates Harshal in charge of the United States
I..arshal I S office in the lJallas ili vision of the Uni ted .::ltates District
Court for the lorthern iJistrict of Texas , to comply with the terms
of a sub90ena duces tecum issued on the 18th day
~ . ~ . 1935 , and served upon him on the ~ddY of
-1-
of .i!'ebruary ,
February , A • .J .
1935 , to compel him to appear at 10 A. ! . on February 22nd , 1935 ,
and bring in ':lis possession certain official records of his office ;
the complaint , warrant or process issued in the case of United
States of America vs . Clyde Barrow and Bonnie Parker , such case
being filed with the United States Oommissioner for the Dallas
Division of the United St",tes District Court for the Northern .lJistrict
of fexas , on the 20th day of UBy, A . ~ . 1933.
mER~FORE : defendant prays this motion for a continuance
be granted because she cannot safely proceed to trial without such
official documents as called for in the above subpoena - duces tecum
being produced so that she may prepare a defense to the indictment .
Resgectfully submitted ,
~N:-A~~ Mrs . :Emma Parker .
\
UUITED
vs .
IN THE mHTED ST .'.TES DI STRICT COu"RT
FOR l'HE NO rtrH ;;m DI JTRICT 0]' TEXAS
DALLAS DIVI SION
~ A'l'ES O~l AMERICA
No .
Ii~."RY PITTS , al ias i::""RY 0 ' DAR"' , et al e J
ST_ TE 0:&' TEXAS
COUN'fY OJ!' .vALl AS
Edward C. Meek , being first duly sworn deposes and says :
-1-
That he is the at torney fo r the defendant , LJ.rs . Emma
Parker , in the above ent itled and numbered cause , and that the de
fendsnt, :Lrs . Emma Parker , since the date of her indictment i n
this cause and until today has been confined in the Dallas County
Jail as a federal prisoner.
-2-
That after the indictment of Mrs • .&una Parker , defendant
herein , and in her behalf , your affiant called upon the United
States Clerk ' s office for the records of that office in the case
of the Un ited States of ~erica ve . Clyde Barrow and Donnie Parker ,
the matter upon which this indictment is based , and , in fact , in
the face of such indictment it is alleged that said 1 arrant or
process was issued therein on May 20th , A. D. 1933 by the United
utates Commissioner for the Dallas Division of the United States
.District Court for the Northern District of Texas , and upon such
request ~our affiant was advised by the Un ited dtates Clerk's office
that no record of such a criminal cause appeare d in that office ,
although a search in your aff iant 's presence was made therefo r. - 3 -
Your affiant then called upon the United States !I~arshal
for their official records in the case of the Un ited States of
America vs . Clyde Barrow and Bonnie Parker and found no such re
cords to exist ; but was ad.ised by one R. G. Alexander , deputy
United ~tates l!arshal that he personally had made a return on said
-1-
warrant in such case to the United dtates Commissioner on the day
after the death of the defendants , Clyde Barrow and Bonnie Parker .
- 4 -
Your affiant then called upon Lee R. Smith , United ~tates
Commissioner of the Dallas ilivision of the United $tates District
Court for the Northern District of Texas , and was advised by him
that he possessed none of the paDers in the case of United States
of.<>.merica vs . Clyde .Darrow and Bonnie Parker , towit; the work
sheet , the complaint , warrants or process in such , but he did show
your affiant a purported memorandum of such cause indicating that
such memorandum was the United cltates Commissioner ' s docket .
-5-
The complaint and warrant or process in the case of
United cltates of America vs . Clyde Barrow and Bonnie Parker are
material to a proper de£ense of' the defendant herein , Mrs . Emma
Parker.
- 6-
The failure to produce these records is no fault of your
affiant or his client , the defendant , l.lrs . Emma Parker . Your
affiant has used all due diligence to obtain these documents at
the trial by sUbpeona duces tecum to the federal officials in
whose possession they were supposed to be , which subpoena duces
tecum were iS8~edat my request on February 18th , A. D. 1935 .
-7-
The defendant , Mrs . ~a Parker , cannot safely proceed
to trial without f'irst examining the documents above mentioned as
to their validity .
Your affiant feels that with some ad d itional time and
a proper search on the part of the United i:)tates Marshal 's off'ice ,
and the United ;:itates Commissioner , that such instruments will be
available by the next term of this Honorable Court .
This application for a continuance is not made in order
that delay may be had but that justice may be done.
me~~~::~, ~~.~ Notary Public • .LialleR i'Qll~tY I ,Te.xas •
g~7n~' ~~orn to and subscribed before
•
<
~
NO . f1 2:- Sio
lHTITED STATES
VS
MAgy PITTS, ALIAS
li!A ctY 0 I DARE, ET U .
MOTION FOR A BILl, OF
PARTICl'LARS .
.....
LAWTHER, COX & CRAMER
ATTORNEYS AT LAW
DALLAS , TEXAS
?,.'o -
L! THE DISTRIOT OOURT OF HE U - TED STATES
FO~ THE rORTu~~ ~IST~ICT OF EXAS
DALLAS DIYISIO r
U_ ITED STATES I VS I ~ ?-..~ D O. CRlm rAL: MARY PITTS, ALIAS I MiLBY O'IiAP.E, ET AL I
Comes ~o~ the defend?nts, ~rs ~lice H mliton Devis,
alias rs Steve D"vis, Steve De,vis and Lilli n !'cBride, jOintly
nd individually, by their ~ttorney, after the over ru in~ their
demurrer to the indictment herein, move the Court to reauire the
Foverment to furnish them Bill of Particulars as to the folIo -
in? matters, which are so v?~e, uncert"in, incefinite, thCl,t it
is imnoFlsible for them to pre,)Cl,re their defense thereto under
the ~re8ent state o~ the record; in the following metter ~nd for
the following re sons, to-wit;
FI~ST.
In the second ~~r graph of s~id indictment uryon
the second n~~e of same it is chprged th"t these defend-nts did
unl wfully consnire--" to haroor and conce-l the sRid Clyde
Barrow 2nd 3a ie Pprker, for whose arrest warrp.nt nd 9rocess
had theretofore on fay, 20, 1933, been issupo by Lee R. Smith,
United States Commissioner for the Dallps Division of the United
St"teA District Court for the Torthern District of Texas, so as
to ~event discovery nd arrest of the s ic Clyde 3Grrow and
Bonnie prker,---". That such ."rrant or nrocess is not conipd
or included in Se id indictment; that the comDlBint '1-nd imfo"lf'tion
u on hich such ~"rr"nt or nrocess wps issued is not conied or
included in s"id ;ndic+ment; that no further fpcts hen these
herein pbove auoted concer in: said w rr~nt or nrocess ~re ~lle~ed
or set ou+. ;n said indictment. Th~t dem"nd has een ~nce unon the
United S t tes District At~orney, for the Torther District of
Tey s ~or ., bill of n rticul?rs, ?s£ing th?t the defendants be
furnished with" cony of the w rr"nt, comnlaint end imformp tlon,
~.d th-t the Overt Acts 11eged in the indictment be "mn1ify.
That from the "1eager conclusion alleged in se.id indictment, defend
ants are unR.ble to ascertain upon whe.t charge or charges said
we.rrant and process had been issued, whether or not said warra.nt
and process wC's based upon" proT)er, valid, R.nd sufficient legal
complaint , duly sworn to by a T)arty possessing knowledge ?nd
~RctS and properly filed before the sRid Lee R. Smith , United
States Commissioner, for the Worther District of Texas, Dallas
Division, 8.nd whether or not said comT)laint and imformation ?nd
said warrant and process were in proper leg?l form, were duly
si£"ned and sealed, and pronerly issued Rnd whether or not sa.id
w8rra.nt ~md process wa.s valid and did in fact sp.tisfy the law
of the Uni ted States, so as to be in fact A. wa.rrant and ::>roces s.
The.t the defendants in order to prouerly preryRre their defense here
to must of necessity have at their disposal a. true and correct
copy of the warrant and process alleged to have been issued on
May 80 , 1933, for the arrest of Clyde Barrow and Bonnie Parker .
SECOND.
That the defenda.nt Lillian McBride , is charged
in the 15th Overt ~ct alleged in sRid indictment, as follows;
II On or about January 11, 1934, James Mullen went to the home of
Lillia.m McBride, in Dallas, 'T'exas, and talked with said Lillian
McBride about contacting Clyde 3a rrow. II That thp said alleg"'.lIrion
is so vague and indefinite that she is not able to ascertain
from same in what particular said act of ts.lking to James Mullen
about contacting Clyde Barrow could uossibly ammount to hFl.rboring
and concealing Clyde Barrow, a.nd that the said e.llep'''.tion does
not set out with sufficient particularity any conversation had
or act done in furtherance of a.ny conslhiracy to ha.rbor a.nd con
ceal Clyde Ba.rrow ;l.nd Bonnie Parker . Further thFlt unless the
Goverment be reollired to set out pa.rticul"l.rly what act done on
said occassion or wha.t conversation he.d with Ja.mes ~~ullen WR.S
so styled to further said conspiracy and in what maner it furthered
said cons~iracy this defend.ant ;rill be uneble to ascertain what
proff she \"ill have to '!leet upon triEl.l of this cause and will not
be able to T)ro~erly prepBrp her defense herein.
TEnD.
THI'~D .
Thpt defendp,nt Lilli'in l f cBride is ch rged in the
16th Overt Act alleged in said indictment as follows; "On or
about January 11, 1933, Li l lian McBric1e, in Dallas, 'rex8,s,
directed James Hullen to the home of Floyd Hamliton". Spid
allef"Htion is vague, indefinite pnd general th;],t the defendant
Lillia,n l~cBride cP,nnot I3scertai n theref!l1om "hat Droff she will be
required to meet upon a triRl of this cause and cannot pronerly
prepare her defense thEeto unless the Goverment be reQuired to
set out V!ith particularity in what way such act furthered spid
conspirFl.cy and the purpose for which she is sUDDosed to have directed
said Jame l'ullen to the home of Floyd Hamli tan .
FOURTH.
That in the 42nd Overt Act alleged in se,id in
dictment defendant, Mrs Steve Davis, is charged with having
driven from Dallas, Tex/'l,s, in company with certain of the defendants
in this ce,se for the purnose of meeting Clyde BClrrow a'1d Bonnie
Parker, Raymond Hamliton and certAin other persons. That such
allege,tion are so vague, indefinite and general that the defendant
Mrs Steve Devis can not tell theref!l)om what facts she will have
to meet unon the tripl of this cause, Imd unless the goverment
be reQuired to alle§re and set out with more certianty in what
maner said pct rp,s in furthera,nce of said consniracy and in wa"l,t
maner it 8ssisted in the hprborinll' /'l,nd concealing of the sp' d
Clyde HarroV' and Bonnie Parker, your defendant will not be >,l,ble
to nroperly nrepare her defense to said charge .
FIFTH.
That in the 6lst Ovprt Act, 8,11eged in s!'dd indict
ment the defendant Steve Davis is charg ed wi th h1l.viTlp: he,d a shot
gun repRired for Raymond Hamli ton and having; tested s8,id gun in
the presence of certain other defendants in this case, th t it
is not set out in what narticula,r that fI,ct W8S desip:rlpted to aid
in the furtherance of the conspira,cy chI" rged and in whA,t na,rt icular
it is sun 'Josed to have in any measure been designed to harbor and
conc~al Clyde Barrow "nd Bonnie Parker, Bnd unless the Goverment
be reQuired to allege with narticularity what connection SFl.id act
m~:r have had '''i th the concealment and consuiracy chprg-ed and in
r.h t measure it mRY h"ve assisted in the hprborinF' or concep..l
ment as charged, this defendant ~ill ~ot be ~ble to uronerly
preuare himsDlf for triel uryon this char~e.
SIXTH.
Thp.t i~ the 63rd Overt Act plle~ed in the indictment
it is ch~2'ed th t Hrs Steve Davis, in commmy wi th certf! in other
of the defendants in this case, "drove from Floyd HCl.mlitons home
in Dallas, Texas, to uoint near Arlington, Tex<>s, "',nd met Ray
mond Hemliton" . It is not alleged in said indictment in what
particular act furthered said comspiracy or in what mqner or
dep;ree said act was desip;ned to p.td or pssist i" harbori~p: a~d con
cealini'" Clyde Ba~ro p,nd Bonnie Parker, <,nd unless the Goverme"t
be reouired to set out with certiBnty in what maner said act is
sUDuosed to have aided or furthered spid consuiracy or to heve
assisted in harboring and concealing, or in hat co~nection said
BCt had >'ith said conspirllcy this defend"nt will not be able to
nreuare his case.
SEVENTH.
In the 75th Overt Act ellep;ed in the indict~ent
it is a.lleged that on Auril 3, 1934, Steve D vis in the cOIDne.ny
with certtin other defendants herein drove from Dallas, Texas,
t:) apoint near Ringold, Texa.s, p.nd met Raymond Hamli ton a,nd MB.ry
Pi tts; that it is not alleged in scdd indictment what connection
said act ha.d with the conspiracy so ch"rged herein or with any
act of harboring or concea.ling of Clyde Bflrrow B-:1d Bonnie 'Parker
Il.nd unless the Goverment be require to a.llege wi th certip.~ty
in what m ner said B.ct chaged is cO'1nected with ei tl}er the con
siryrecy so charged or the harboring and co~ceBli~F' of Clyde
Barrow and Bo-'nie Parker, thll.t this defpndcmt ,,"ill not be Able
to urepere himself properly for this case.
EIGHT:
In the 76th Overt Act a.lleged in said indictment
it is chc-rg-ed that Steve Davis in comuany with other defendFlnts
in this cause changed \'iheels on a car in \"-'hich Raymond Hel1'lli ton
and Mary Pitts were ridinF. Taht it is not set o~t in spi~ indict
ment what connection this act had v'ith the consPir['cy herein
alleged or with any harboring- or concealing of Clyde Barrow and
Bonnie Parker, and unless the Goverment is reauired to allege
wi th certianty in wh1'l.t maner said acts are CO"lnected with said con
s~iracy as charged, this defendant will not be able to properly
preuare himself for this trial .
NINTH.
In the 78th Overt Act alleged in this indictment
it is cha,rged that on Anril 8 J 1934 J "Raymond He,mli ton paid a
sum of money to Steve Davis" , wi tllout a,lleging in what meJ.ner
such receipt of said money by se,id defendant was in any maner
connected with said conspiracy or that it was a furtherance
of said conspiracy to harbo:t and conceal said Clyde Barrow a.nd
Bonnie Parker, and unless the goverment is reauired to set out
in what maner t~e act charged is con"1ected with said consiuracy
or in wha,t maner it is connected wi th a.ny harboring or concealing
as herein chergedthis defendant v.'ill be unable to uroperly ureue,re
his case for trial.
WHEREFORE, said defendaDt s pra,y that the Goverment
be required to file and furnish a Bill of Particulars herein
setting out in full and verbatim, the w'arrant or processes
herein alleged to have been issued for Clyde Barrow and Bo~nie
Parker on May 20, 1933, a"1d setting 0ut in full and verbatim the
comnlaint and imformation upon which such warrant or process
was issued and amplifying ('md enla.rging the allegations in the
Overt Acts as hereinabove complained
