The Logan Banner Friday February 5,1932

Hensley Sentenced on Second Degree Murder Charge

Resident of Crawley's Creek to serve 12 years for the Fatal shooting of his son Woodrow

FOLLOWING FAMILY ARGUMENTS

Stolid old Mountaineer takes his Medicine With Dead Calm As Jury Returns Verdict

Bogue Hensley, indicted at present term of court for the murder of his son, Woodrow, 19, which was a result of the shooting which occurred on September 15, 1931, was sentenced to serve 12 years in the State Penitentiary on a charge of second degree murder. The jury, which deliberated for an hour Wednesday evening, following an all day session at court, during which numerous witnesses were heard, returned the verdict about six o'clock in the evening. Hensleyhad been indicted at the last term of court for maiming, but when his son, who had been taken to the hospital here, developing blood poisoning from his wounds, died on September 22, a new indictment was returned at the present term of court.

Family Fight

The shooting occurred at the Oliver Conley home near the Three Forks of Crawley Creek September 15 - It was the result of a bitter family controversy which included not only Hensley and his own wife and children, but his son-in-law Ed Doss and others of his relations. On the day of the shooting, the controversy, which was over the alleged bootlegging business of Ed Doss and his own sons, reached a climax. Testimony introduced at the trial developed that Hensley, who may have been drinking the vigorously denied the charges himself was greatly aroused as the result of an argument with his son Oakey and Ed Doss. He had prosecution's witness said rushed for a winchester rifle, which his son and wife managed to take away from him befrore he would harm them: his wife taking the gun and hiding it from him. He becamefurious and rushed out of the house cursing, they said with the threat that he would get another gun and come back and kill all of them.

Hensley Gets a Gun

Hensley then went to the Oliver Conley home where upon enetering asked for a shotgun and some shells. Shortly afterwards his two sons Oakey, the one with whom he had the quarrel with and Woodrow, arrived at the Conley home. Conflicting testimony from this point on made it difficult to get the exact story, but it was as follows: Hensley went to the door of the Conley home saw his two sons began cursing, and fired at them. He fired three shots, witness said, missing Oakey at whom he shot twice, but striking Woodrow, the bullet shattering several small bones in the right ankle. Woodrow fell to the ground and a pool of blood quickly formed where he lay. Hensley took to the woods at this point.

Woodrow Loses Leg

Woodrow was taken to the hospital in Logan after being treated by Dr. Ferrel of Chapmanville. Blood poisoning developed almost immediatly from the effects of the shot (Dr. L. W. Lawson testified that is was similar to the poisoning so many fatal wounds in the war and it was immpossible in the boys case to check the dreaded germs) An amputation was made of the boys leg from a point about the middle of the thigh. Before his death , which occurred on the 22nd day of September, a week later, a second amputation was made, from the joint at the hip. Both amputations were to na avail and the boy died as a result of the poisoning.

Cosiderable difficulty was encountered in finding a jury that believed in capital punishment. Of the first group to enter the box to be qualified, seven men left voluntaily. Several more left because of being in the Conley family relation. Mrs. Hensley being a Conley. At eleven o'clock Wednesday morning the jury was swore in.

Conflicting testimony

Due to the fact that so much conflicting testimony developed during the course of the trial, we are reprinting here only that part which assistant prosecutor Scaggs stated the case, together with Joyce's rejoinder. Joyce represented the defense, being appointed by the court. "The Stae will attempt to prove," Scaggs said, "By eyewitness thatBogue Hensley was drinking and that at his own home at the three Forks of Crawley Creek at one o'clock in the afternoon he was in a row with his children that he tried to cut his own daughter with a knife, then got a Winchester rifle and that the family took it away from him. Thathe left and swore he would kill all of them. Thathe went to Oliver Conley's got a shot gun. That woodrow was not aware Bogue was getting a gun. Woodrow had been staying at the Conley's home occasionally. His grandmother stayed there too. Woodrow, when he got to the Conley's home, walked into the yard unarmedand was fired upon by his father, who shot him below the knee. After he fell, Bogue fired two more shots at Oakey. Woodrow was taken to the hospital and died September 21 of his wounds."

Joyces reply was "this case has so many conflicting elements. We are going to show that Bogue and his family had trouble and that his son-inlaw, Ed Doss with his own sons Woodrow and Oakey had beat up on the old man. That the boys all gave him moonshine. That he was not drunk at the time. He and Doss were in a fuss. Altercations developed. Bogue went to the Conley's home to get away from the trouble, not to get the gun. That he told Conley's to say he was not there. A few minutes later the boys arrived. The two Conley women seeing trouble, and all they could have heard were shots. That the boy, Woodrow was shot while standing on the porch, while Bogue was inside hiding. That Oakey snapped a gun at Bogue when he appeared but it didn't fire. And that Bogue fled in selfdefense

Dr Lawson on Stand

The first witness on the stand was Dr. L. W. Lawson, who testified as to the exact injuries sustained by the gunshot wound. Many other testimonies occupied the early part of the afternoon. Cheif of these was that of Bogue himself, who when placed on the standsaid that he had trouble with his children, that they were after him and that they followed him to Conley's thinking that they would kill him. That as Woodrow drew a knife, he shot to protect himself. When questioned by Scaggs, he said he didn't visit his son at the hospital and didn't attend the funeral. Bogue's plea was self defense throughout.

At 3:45 Judge Jackson read the instructions to the jury. The case was argued for about a hour following the instructions. Assistant Prosecutor Scaggs in his argument grew eloquent, with a flash of oratory in a plea for first degree murder for a man who could kill his own flesh and blood. He stated that the resposibility of proving extenuating circumstances had failed to show sufficientjustification.

Joyce's argument stressed the fact that the whole family being turned against the old man smattered of something sinister, and brought out the theory that they were trying to send him to the penitentiary to get rid of him.

A considerable following from Harts Creek attended the trial and as the sun began to go down and leave shadows on the walls of the courtroom, they could be seen going out in large family groups of eight or ten at a time. Hensley was remanded to the jail shortly after six in the custody of Deputy Sheriffs Crockett Hatfield and Bob Jeffries.