The Killing of Lee Smith

Digging into ones family history often leads to unpleasant or heartbreaking surprises. While researching an elderly woman's family tree, I discovered her mother had delivered a baby out of wedlock before my friend was born and that the baby had died as an infant. I also learned a female ancestor of another friend was an inmate in the state mental hospital (though in those days, women were institutionalized for a variety of causes not related to mental illness.)

When I began to research my own family tree, I knew my great grandfather, Lee Smith, had been murdered. I'd heard the story often while growing up, though my aunts only knew a few details--that Lee had been ambushed and killed by a man, possibly over a women. After I began my research, I found nothing on the case until a fellow member of a genealogy group passed along a link to a newspaper archive site. What I found there and on newspapers.com, along with a request for court documents, led to a few sickening revelations.

From these articles, I learned the following: On November 11th (the 14th according to the indictment, but the article was dated the 12th) Lee Smith was walking near the train depot in downtown Williamsburg, Kentucky around 7:00 PM. Since it as November, it would have been dark at that time of day. And with the average temperatures in the upper 30s at night, the temperature was likely in the 40s by that time. While walking, he was shot in the back and left to die on that dark, cold street.

Google Street View: Looking down Main Street. Old L&N Depot is on right. 

A twenty year old man by the name of Giles Carroll was spotted running from the scene on that chilly dark night. Giles was born in Claiborne, Tennessee in August of 1880. His home on the 1900 census was listed as Court House, Whitley County, but he lived with his mother and step family. From the census I learned he was a farm laborer, as many were back then in that region, and that he could read and write.

From the articles, I learned that in 1901, he worked in the coal mines. For in April of that year, he nearly died--and a fellow worker did--when a load of shale suddenly fell from the above.

And yet, seven months after miraculously surviving that catastrophe, he chose not to extend that same mercy to another man. As the article relates, "After going a short distance, (Carroll) turned and ran back...entering a store very warm (in appearance I assume) and appeared to be much excited." The article ends by stating Lee and Giles had had a quarrel earlier in the day.

Giles Carroll was arrested and held without bond.

Thanks to a genealogy group that focuses on the area, I found a link that would allow me to order court papers. I did so and received the indictment, which I transcribed.

The Commonwealth of Kentucky

Indictment for Willful Murder
vs
Giles Carroll

A True Bill
E.N. Steely, Foreman of Grand Jury

Jan 15, 1902
(Name of clerk unreadable)

Witnesses:
James Mat Smith, Bob Thomas, Crit Goins, Mike Maloney, Milburn Moore, Charles McFarland, Bill Thomas, Bill Rhoden, Jake Stinson, Geo(?) Johnson, Dr J.D. Adkins, Lyza(?) Vaughn, Judy or Trudy (what looks like) Bowlin or Bowtin, Curt Walker, (Tim?) Martin, Mrs Mary Johnson, Matt (unreadable), unreadable-(at Arthur(?) Johnson, Evert S(unreadable)

The Grand Jury of Whitley County, in the name and by the authority of the Commonwealth of Kentucky, accuse Giles Carroll of the crime of willful murder committed in manner and form as follows, viz:

The said Giles Carroll on the 14th day of November 1901 before the finding of this indictment and in the county and state aforesaid, did unlawfully feloniously, willfully and of his malice aforethought kill and murder Lee Smith, by shooting and wounding him the said Smith with guns and pistols, loaded with power, lead and balls and other hard and explosive substance, from which shooting and wounding the said Smith did then and there die.

against the peace and dignity of the Commonwealth of Kentucky.
James N. Sharp
Commonwealth Attorney, 28th Judicial Dist of Kentucky

According to jury instructions, the charges also included voluntary manslaughter, which, at that time, was defined as, "The willful – that is intentional felonious killing of another, without malice aforethought, not in necessary or apparently necessary self-defense, but done in such hate and passion, created by such provocation, as is ordinarily calculated to excite the passion to beyond control. Murder was defined as felonious, and willful-that is intentional-killing of one person by another with his malice aforethought, not in necessary or apparent necessary self defense."

Since the jury was given the option of voluntary manslaughter, they could decide if the murder was committed in the heat of the moment due to some provocation, namely, the quarrel the men had earlier in the day and whatever caused it. However, since Carroll ambushed Lee in the dark and shot him in the back with weapons (plural) that he'd taken the time to load with gunpowder, lead, balls and other hard/explosive objects, this indicates premeditated murder with malice aforethought.

The Verdict:

We the Jury find the defendant Giles Carroll guilty of murder and fix his punishment in the state penitentiary for life.

However, he served only eight years and was paroled. Why? I don't yet know. Nor do I know the actual motivation for the killing. He later married, but it doesn't appear that had children or descendants who could discuss the case, if they were even willing.

So I have more questions to answer. I hope to someday, even if I don't like the answers I find.


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Newspaper clippings are from chroniclingamerica.loc.gov and newspapers.com. Names are highlighted as they were search terms.