Vol. LXVI No. 21 The Cleveland Banner Thursday, October 2, 1919
Front Page Headlines: Doctor Womack Dies of Gun Wounds Received From
Wm. A. Slack and Son
The case of the State vs William A. Slack, and his son, Herb Slack,
charged with killing Dr. Riley B. Womack in a three-cornered shooting
afray in the first precinct of this county last Friday has created
considerable interest, filling the Circuit Court Room here at the
preliminary trial before Esq. A. H. Kerr, assisted by Esq. S. L. Higdon
as Associate Justice.
The State is represented by H. M. Candler and Frank Boyd of Athens
and the defense by B.B.C. Witt and John Shamblin of the local bar.
The peculiar longevity of Dr. Womack after the shooting was
phenomenal, the attending Doctor considering him dying two hours after
the shots entered his body, and the Knoxville papers received such
report the next morning, attendants and neighbors reported him " surely
dead by this time" at 8 o'clock Saturday morning, but he rallied and
talked freely and rationally apparently for some time before noon on
Saturday and did not die until Sunday morning between sun-up and 8
o'clock. The trial set for Monday was postponed for the funeral of Dr.
Womack, which occurred near noon at the Womack Cemetery, three miles
east of Calhoun, on Monday.
States Witness, Jerry Cronan, testified that just after Doctor Womack
said, "We will let the law settle who owns the slabs," a shot was fired,
rattling against the crib walls just back of Dr. Womack, then that both
Womack and Slack stepped out into his view, and two shots were
exchanged, the team running from Slack toward Womack, being turned back
at the second shots, and that Slack appeared to be dodging behind the
mules to keep from being shot. Cronan did not know the number of shots,
but others said four or five, and Herbert Slack got the empty gun and
loaded it. Cronan said that the young Slack, Herbert, shot Doctor
Womack once in the arm with a pistol, after emptying the shotgun into
him, after having loaded it behind the sawdust pile, and that Dr. Womack
was looking toward the older Slack when Cronan told him to watch out,
and Herbert Slack fired from the other side of the sawdust pile, but out
in full view of the Doctor had he been looking that way. Herbert Slack
had five small shot grazing him, indicating that he was either shot at
before going behind the sawdust pile, or that he was close enough to his
father for some of the shot to hit him.
Dorcas Prater, negro wash woman at the Slack home when Wm. Slack came
for the gun, was the amusing witness, remembering only that he had said
"Wasn't going to be run over," and that she said to him "The War is
over, you ought to be good," and he replied, "I am trying to be as good
as I can", and then she finished her washing and went home.
John Harrison of Harrison Bros. testified to selling to Herbert Slack
about 1:30 the day of the shooting, four cartridges of No. 4 buckshot,
(some smaller than a .22 bullet), and that Slack did not say what they
were for, and that he had nothing unusual in his attitude.
W. F. Russell, owner of the saw set, timber, and slabs, testified
substantially that after trading Slack some oak timber and the slabs off
of them, he gave the slabs in question to Mr. Slack. That the timber was
bought from Daniel Calhoun when he owned the land, that Dr. Womack
bought the land and moved on to it about six or eight months ago, that
the saw set was finished about two weeks ago, and that a month was in
the contract in which to move the lumber form the yard after the mill
finished.
Mrs. Womack, young widow of Dr. Womack who was killed, testified
freely regardless of which side the testimony favored apparently. She
said Dr. Womack had the morning of the difficulty bought lumber for part
of a house pattern from Wm. Slack on the mill yard. That the Doctor
told Slack he wanted part of the slabs, that Slack told him he wanted
four loads, that Doctor said that would take all of them. That Slack
came back for second load and was asked by the Doctor not to come back
after any more, that next time the Doctor took his gun down there and
ordered them not to come back any more, that he would shoot them, and
Slack said, "If it takes a gun to settle it, Herbert get your gun and
I'll get mine," and the Doctor said, "We can settle it, leave the boy
out."
When the two Slacks brought the gun and a pistol along with the
wagon, and were starting to load slabs, the Doctor was in the road with
his gun, and pistol, when Wm. Slack told him to stay out of the mill
yard.
Thereupon, the Doctor said, "I can shoot from the road", and Slack shot
the first shot, the shot rattling against the crib behind the Doctor,
then the Doctor shot and four or five shots were fired. That Herbert
Slack shot at the Doctor after getting behind the sawdust pile to reload
it, that the Doctor turned and shot at Herbert Slack then. That the
Doctor's pistol had three empty cylinders afterward, and one not shot.
She gave the Doctor's age at 72, while she is apparently about half
as old. Another witness unloading hay in the barn loft for Cronan
substantiated Cronan's evidence as to what was said, but could not see
what occurred. Cronan's evidence as to what was said was not as full as
Mrs. Womack's nor as freely given, he not remembering he said all that
was said, nor how may shots were fired. Evidence as a whole showed five
by Womack, and four or more by the two Slacks, the younger Slack's shots
after having been hit. The Elder Slack, with shots in both arms,
scattered over his breast, and face and piled up in left shoulder, and
his son, Herbert, with five surface wounds form shotgun, were
accompanied at the trial by their families,while two brothers of the
deceased Dr. Womack aided in the prosecution.
The Court bound both defendants over to Circuit Court in a bond of
$10,000 each, which was readily made, being signed by B. P. Rollins, W.
F. Scarbrough, J. W. Burris, Albert Crumley and W. F. Russell, among
them worth probably five times the amount. The medical attendants
evidence, Dr. Nichols first, showed that the charge of shot into the
stomach of Esq.Womack gave him no chance of recovery. The arm being
shot badly, indicated that part of the shotgun charge hit it before he
turned around and that the pistol shot then struck inside left arm.
while the Doctor was shooting at the younger Slack.
Submitters note: Riley B. Womack was shot Friday, September 26, 1919, and he died
Sunday, September 28th and was buried Monday the 29th, 1919. Riley was the son of James A. and Margaret Thompson Womack,
and the grandson of James "Alexander" & Mary Neal Womack. The Womack
family were some of the first settlers in what is now known as Polk County.
Submitted by Connie Baumann
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