Is “He needed killin” a defense?

By Mike Simmons

James W. Linton was at his home on Sunday night, August 7, with his wife and adult daughter. Linton, in his 50s, lived in Bluff Springs, Florida, about 10 miles south of the town of Century on Escambia River.

The town was at one time a rippin’ and roarin’ place in the 1890s, but a series of murders, including that of town Marshal Daniel Douglas, seemed to discourage more people from moving there. The town was drying up.  

About 8:00 PM, Linton was sitting on his front porch while his wife and daughter were in the front room, enjoying the stifling August heat. Two men, 25-year-old Simpson ‘Sim’ Mason and Earnest Byrd, 24, staggered up and greeted the old man, who invited them to sit. Mason declared that he was too drunk to sit, so he kept pacing. In a few minutes, the liquor caused him to vomit in the yard.

With Linton on the front porch, Mason burst into Linton’s house, wanting to talk to his daughter, the real reason for the visit. He began speaking roughly with her, using profanity and making threats. That was it. Linton, having heard enough, went into the house and told his wife and daughter to go into the other room, which they did, leaving Linton alone with Mason and Byrd.

The old man ordered Mason out of the house. As the two argued, Mason reached into his waistband and pulled out a pistol. Byrd told him to put it away. After pulling it the second time and pointing it at Linton, it appeared that the encounter was not going to end well. Linton reached behind the door to the next room and pulled out his 12-gauge shotgun. As Mason again pointed his pistol at him, Linton let go with a #2 blast, sending 172 pellets at the younger man, traveling at 1200 feet per second. Mason was dead before he hit the floor, with a blast to his neck.

General Store in Bluff Springs

Linton calmly went to a telephone and called Sheriff Van Pelt and told him the story. He said he would wait. At 11:05 PM, the sheriff made the 43-mile trip to Bluff Springs and found Linton where he said he would be. The press, of course, was there and asked Linton what happened. He recounted the events, and said he was certain of a finding of self-defense.

After Judge Mitchell was roused from his slumber and a coroner’s jury assembled, a quick hearing took place. Linton was held under suspicion of murder and taken to the Escambia County Jail in Pensacola. A preliminary hearing was set for August 14. However, on the day of the hearing, the defense attorney could not get into Century, causing a delay. An inconvenience, yes, because Linton had to undergo the stress for no reason. Back to lockup he went.  

The excitement in town built as hundreds of people followed the developing story and looked forward to the hearing, reset for Monday, August 27 at 2:00 PM. at Century.

The day finally arrived. The Pensacola News Journal described the crowd as “immense”. When the hearing began, the State Attorney announced that the charge was reduced to Manslaughter, availing Linton of the opportunity to make bond, which had been set at $2000. Linton was going home…temporarily at least.

The case was sent to the Grand Jury on September 11, meaning that members of the public would hear the evidence and decide what charges, if any should be placed against Linton. The Grand Jury would not convene for a few months, so…more waiting.

Six days after the hearing – September 17, 1906 – James Linton’s wife found him dead in bed. He had suffered a massive heart attack and died while asleep.

No trial, no excitement for the citizens, and no “real story” would ever come out. I wonder if Linton was planning to use the “He needed killin” defense.

Interesting…

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