To Whom It May Concern: MARION BANK & TRUST Co., I knew Mr. Don E. Hick before he was injured in an automobile wreck in 1936, and before this injury he had been earning between $2,500 and $3,000 per annum. Yours very truly, D. K. MASON, President. J. F. EVINS, Notary Public. Sworn and subscribed before me this the 3d day of February 1940. [SEAL) To Whom It May Concern: BIRMINGHAM, ALA., January 17, 1940. I, E. D. Stringfellow, have known Don E. Hicks, of Heiberger, Ala., for the past 22 years. I know that he was employed by the Middlebrooks Lumber Co., R. C. Middlebrooks, owner, as general manager. I do not know his salary but I understand that it was approximately $200 per month plus automobile expense. At the same time that he was employed by Mr. Middlebrooks he was also employed by the Stringfellow Lumber Co., owned by E. D. Stringfellow and Mrs. Mary E. Stringfellow at the salary of $75 per month. His duties were to check lumber and to represent us in all matters at Heiberger, Ala. I have no interest in any claim which Don E. Hicks may have as a result of his injuries which occurred in a wreck with a Government Civilian Conservation Corps truck in 1936 and I am not related to Don E. Hicks; witness my hand and seal this the 17th day of January 1940. E. D. STRINGfellow. Subscribed and sworn to before me, this 17th day of January 1940. [SEAL] My commission expires November 3, 1940. A. M. ABERNATHY, Notary Public. TUSCALOOSA, ALA., January 31, 1940. To Whom It May Concern: This is to certify that Mr. Don Hicks was in my employment for a period of approximately 11 years and when he left my employment he was earning $300 per month. He served as an accountant, shipping clerk, and manager of my store and railroad office. Yours very truly, J. F. JOHNSTON. Sworn to and subscribed before me this 31st day of January 1940. My commission expires August 4, 1941. STATE OF ALABAMA, Chilton County: I, Hobson Middlebrooks, have known Don E. Hicks, of Heiberger, Ala., all my life. I know that prior to the date of his injury in July 1936 he was employed by the Middlebrooks Lumber Co., as bookkeeper, at a salary of $200 per month. My father, R. C. Middlebrooks, now deceased, was owner of the company. I know that during the same period of time Mr. Hicks was working for my father he was employed by the Stringfellow Lumber Co., Birmingham, Ala., as part time, at a salary of $75 per month, and was supervisor of his own farm. I am making this statement from my own personal knowledge, am not related to Don E. Hicks, and have no interest in any claim he may have arising as a result of the above injury. HOBSON MIDDLEBROOKS, Subscribed and sworn to before me, this the 31st day of January 1940. O C. M. FOSHEE, Notary Public. JUNE 5 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 5571] The Committee on Claims, to whom was referred the bill (H. R. 5571) for the relief of Minnie Lowery and Winell Lowery, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 2231, Seventysixth Congress, third session, which is appended hereto and made a part of this report. (H. Rept. No. 2231, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 5571) for the relief of Minnie Lowery and Winell Lowery, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 6, strike out the amount "$15,000" and insert in lieu thereof "$4,000". Lines 9, 10, and 11, strike out the language "without cause by a Federal prohibition agent at their farm near Tecumseh, Oklahoma, July 4, 1929", and insert in lieu thereof "and killed during an investigation of a Federal prohibition agent and assistants near Tecumseh, Oklahoma, on July 4, 1929". At the end of the bill add the following: ": Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000." The purpose of the proposed legislation is to authorize the payment of the sum of $4,000 to Minnie Lowery and Winell Lowery of Dallas, Tex., in full satisfaction of their claim against the United States for the death of Oscar L. Lowery, the husband of Minnie Lowery, and the father of Winell Lowery, who was shot and killed during an investigation of a Federal prohibition agent and assistants near Tecumseh, Okla., on July 4, 1929. STATEMENT OF FACTS On July 4, 1929, Federal Prohibition Agent William W. Thomason started from Shawnee, Okla., to make an investigation about 10 miles south of Tecumseh, Okla., in search of a still. As was his usual custom, he took certain assistants with him, although not official_representatives of the Government. In this case, he took J. D. (Jeff) Harris, T. H. Little, and John W. Williams. They traveled together in a private automobile to a point about 21⁄2 miles from Tecumseh, where Agent Thomason stopped to examine a footpath leading into the woods across the highway from the farmhouse of J. C. Harris. The record shows that Agent Thomason together with J. D. (Jeff) Harris and John W. Williams proceeded up the path for a distance, leaving T. H. Little in the car. Jeff D. Harris soon left the path and went over to the farmhouse where he saw Mr. and Mrs. James C. Harris and Oscar L. Lowery (deceased), brother of Mrs. James C. Harris, sitting on the porch. A shooting affray ensued, during which Oscar L. Lowery was killed. In the report of the Department of Justice, it is claimed that Lowery was killed while attempting to shoot Jeff Harris, although the facts given by the Treasury Department are slightly different. In any event, there is no controversy about Lowery's being killed during the investigation led by Agent Thomason. On November 2, 1929, Jeff Harris was convicted in the State court of manslaughter in the first degree on the charge of killing Oscar Lowery. The Attorney General has no objection to the enactment of the legislation to provide reasonable compensation to the claimants, but the Treasury Department objects on the grounds that Jeff D. Harris was not actually a Federal prohibition agent or an employee of the Government. They also attempt to establish that Lowery's death was primarily the result of action on his part and the part of James C. Harris, rather than on the part of Thomason and his assistants. After reviewing the record, however, your committee must conclude that Lowery's death was a direct result of the shooting incident to an investigation by a Federal prohibition agent. As far as the record shows, there is no indication of anything irregular in Lowery's conduct or the conduct of James C. Harris whom he was visiting. Lowery left a widow and child 3 years of age. There are numerous affidavits on file from reputable citizens of the locality in which Lowery resided, establishing that he (Lowery) had the reputation of being honest, sober, industrious, and law abiding. He was a farmer and never had been charged with any kind of law violation. Accordingly, your committee recommends passage of the bill to provide compensation in the amount of $4,000 for Lowery's widow and child. Appended hereto are the reports of the Department of Justice and the Treasury Department, together with other pertinent evidence. All of the affidavits referred to will not be appended hereafter due to the voluminous nature of same. Hon. AMBROSE J. KENNEDY, OFFICE OF THE ATTORNEY GENERAL, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: I have your letter of April 14, requesting my views concerning the merits of the bill (H. R. 5571) to provide for the payment of the sum of $15,000 to Minnie Lowery and her daughter, Winell Lowery, of Dallas, Tex., as compensation for the death of Oscar L. Lowery, the husband of Minnie Lowery and the father of Winell Lowery. The death is alleged to have resulted from a gunshot wound claimed to have been inflicted by a Federal prohibition agent. The records of this Department show that on July 4, 1929, Federal Prohibition Agent William W. Thomason proceeded to engage in a search for a still at a point near Tecumseh, Okla., and took with him J. D. (Jeff) Harris, Thomas H. Little, and John W. Williams to assist him. The last three-mentioned men were not officers or employees of the United States. While Agent Thomason was investigating the area suspected of harboring a still, Jeff Harris proceeded to search the premises of the nearby farmhouse of J. C. Harris. While so engaged he was fired upon by someone in the house, and in the shooting affray which ensued he shot and killed Oscar L. Lowery, who was visiting his brother-in-law, J. C. Harris. It was claimed that Lowery was killed while attempting to shoot Jeff Harris. On November 2, 1929, Jeff Harris was convicted in the State court of manslaughter in the first degree on the charge of killing Oscar Lowery. In view of the foregoing considerations, I find no objection to the enactment of the measure. I am unable, however, to approve the amount of compensation proposed in the bill, as it appears to be somewhat excessive. With kind regards, FRANK MURPHY, TREASURY DEPARTMENT, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Reference is made to your letter of April 14, 1939, previously acknowledged, enclosing copy of bill (H. R. 5571, 76th Cong., 1st sess.) for the relief of Minnie Lowery and Winell Lowery. The bill provides for the payment of $15,000 to Minnie Lowery and her daughter, Winell Lowery, of Dallas, Tex., in full satisfaction of their claim against the United States for the death of Oscar L. Lowery, the husband of Minnie Lowery and father of Winell Lowery, "who was shot without cause by a Federal Prohibition agent at their farm near Tecumseh, Okla., July 4, 1929." The files of the Department show that W. W. Thomason, Federal prohibition agent, started from Shawnee, Okla., on the morning of July 4, 1929, to make an investigation about 10 miles south of Tecumseh, Okla. He traveled in a private automobile and was accompanied by Jeff D. Harris, Thomas H. Little, and John W. Williams, private citizens. At a point about 21⁄2 miles from Tecumseh, Agent Thomason stopped to examine a footpath leading into the woods across the highway from the farmhouse of James C. Harris. Thomas H. Little stayed in the car. Jeff D. Harris and John W. Williams followed Agent Thomason for a distance up the path. Jeff D. Harris soon left the path and went over to the farmhouse, where he saw Mr. and Mrs. James C. Harris and Oscar L. Lowery, brother of Mrs. James C. Harris, sitting on the porch. He said to them: "We are prohibition officers and want to look over the place." Thinking that one of the men on the porch said, "all right," he went to a "crib," or small barn, about 30 feet west of the farmhouse, but upon hearing a commotion back in the farmhouse, he started to return there. When he approached within 10 feet of the porch, he saw a shotgun barrel pointed at him from the inside doorway. He dodged but the shot struck him on the right side of the face. He ran into the house, but looking out of a door saw a gun leveled at him from outside the house near the porch. He started out of the house. At that time another shot struck him in the neck. He saw a man run around the corner of the house with a gun, and when this man was about 20 feet from the house he wheeled around with a gun in his hands, whereupon Jeff D. Harris shot him. The reports indicate that the man whom Jeff D. Harris shot at this time was Oscar L. Lowery. James C. Harris had run from the house into the woods nearby, carrying with him a Winchester repeating shotgun. He turned and fired several shots toward the house. Agent Thomason, upon hearing several gun shots, left the path in the woods and ran to the highway where he had left the automobile. After securing a rifle from the car he went to the farmhouse. About that time he observed James C. Harris shooting a gun in the direction of the house. The agent called upon him several times to drop the gun which he apparently did and started to return to the house. The agent then proceeded to the place where he thought James C. Harris had dropped the gun. It appears that Jeff D. Harris went to meet James C. Harris who was coming out of the woods. Jeff D. Harris said that just after he crossed a little creek he saw a man (James C. Harris) with a gun in "A shooting position" coming toward him and that he thereupon shot him. Enclosed is a copy of a report submitted July 15, 1929, by Special Inspector Frank W. Lohn, giving the results of his investigation of the shooting of Oscar L. Lowery and James C. Harris. He states that as the result of his investigation it was developed that Jeff D. Harris, Thomas H. Little, and John W. Williams were not employed by the Government, as either prohibition agents or contract informers on July 4, 1929, but that they had accompanied Agent Thomason on that date upon the agent's request, and had frequently done so on other trips. Special Inspector Lohn states that it was also developed that Oscar L. Lowery and James C. Harris were mortally wounded by Jeff D. Harris, who was acting upon his own initiative and without the direction of Agent Thomason. Enclosed also are copies of affidavits executed July 9, 1929, by John W. Williams, Thomas H. Little, Jeff D. Harris, and Federal Prohibition Agent Thomason. An indictment was returned by the grand jury of Pottawatomie County, Okla., against Agent Thomason, Jeff D. Harris, Thomas H. Little, and John W. Williams, charging the murder of Óscar L. Lowery and James C. Harris. The case against Agent Thomason was removed to the United States district court where he was tried and acquitted. The case against the other defendants was not removed from the State court because they were not Federal officers or in the employ of the United States at the time James C. Harris and Oscar L. Lowery were killed. It is understood they were tried in the State court and that Jeff D. Harris, who admitted that he had killed Oscar L. Lowery and James C. Harris, was convicted. It is clear that neither Federal Prohibition Agent Thomason nor any other Federal prohibition agent shot Oscar L. Lowery. It is also clear that Jeff D. Harris had no authority to act as an officer of the United States. In addition it is apparent that the killing of Oscar L. Lowery and James C. Harris was the result of an affray which was started by Lowery and James C. Harris. Their acts in shooting Jeff D. Harris were unprovoked and even if the latter had been an officer, under the circumstances no duty or obligation was cast upon the United States by reason of Lowery's death. In view of the above, the Department is of opinion that the bill is not meritorious and recommends that it be not passed. Very truly yours, Hon. HATTON W. SUMNERS, House of Representatives, Washington, D. C. JOHN W. HANES, Acting Secretary of the Treasury. DALLAS, TEX., March 19, 1940. DEAR MR. SUMNERS: In relation to the bill H. R. 5571, I am sending the attached statement of funeral expenses for my husband, Oscar L. Lowery. I did not have any hospital expenses or doctor bills to pay as he was taken to the city hospital. My request was that he be carried to the A. C. H. Hospital in Shawnee, Okla., but the Federal officer, Thomason, rode in the ambulance with Virgil Cooper, ambulance driver, and directed Cooper to take him to the city hospital which was farther across town. I rode in a car and went on to the A. C. H. hospital and when I arrived there the hospital attendants informed me that no one had been brought there by that name. I have never understood why the Federal officer did not comply with my request. This information was given me by the ambulance driver when I went in to pay the bill and I questioned him as to why he did not comply with my request. Yours truly, Name: Minnie L. Lowery. Casket Suit Embalming Underwear_ Mrs. MINNIE LOWERY. COOPER FURNITURE CO. TECUMSEH, OKLA., July 6, 1929. $150.00 22. 50 30. 00 1.00 .50 Hose.... Flowers.. Hearse.. Total____ To All To Whom These Presents May Come: 7.50 15. 00 226.50 SHAWNEE, OKLA., July 6, 1931. This is to advise that I was well acquainted with Oscar Lowery and James Harris who were killed at their home on the 4th of July 1929 by a Federal prohibition agent. I have made considerable investigation of this case and believe that I am largely familiar with the facts concerning this affair. |