Lena Baker - The Trial
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Quotations from Randolph County Superior Court Records and the Cuthbert Southern Tribune Newspaper are
written in italic.
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The murder trial was held August 14, 1944 in Randolph County Superior Court. Presiding judge, Charles Williams “Two Gun” Worrill had a reputation as a no nonsense overseer of the Court. When entering the courtroom, he was known for placing his two pistols on the bench before beginning a hearing.
Twelve jurors were selected, all white males and several of them prominent Cuthbert citizens. Some of the men were rumored to have visited Lena and Lizzie's former house of prostitution. In Cuthbert, jurors were selected from voter registration rolls. Blacks were not allowed to register to vote and consequently could not be chosen as jurors.
The trial lasted four hours. Lena was found guilty of murder and sentenced to death by electrocution. Directly after the hearing, her defense attorney W. L. Ferguson, filed a motion for a new trial on the grounds that,
“1. Because the verdict is contrary to evidence and without evidence to support it.
2. Because the verdict is decidedly and strongly against the weight of the evidence.
3. Because the verdict is contrary to the law and principals of justice and equity."
Judge Worrill scheduled a hearing date for September 16, 1944, for State's Attorneys Joe Ray and John Terry to show cause as to why a new hearing should not be granted. He also issued an order suspending the execution of the previous sentence.
The State's Attorneys responded immediately,
“Due and legal action of the within motion and ordered acknowledgement, time, copy, and all other further service waived.”
Even though the defense attorney was court appointed, he was not paid for his services and after the trial gave notice to the Court of his intent to withdraw from the case.
“I, W.L. Ferguson, being the attorney of record of Lena Baker having been appointed by the Court to represent said Lena Baker, do herby certify that I filed the within motion for a new trial for the purpose of giving the defendant Lena Baker the right to secure other counsel to prosecute her case and the said Lena Baker was so notified; and I, W.L. Ferguson, do certify that I do not attend to prosecute the with motion for a new trial because I have withdrawn from the case, and Judge C.W. Worrill, the presiding judge is authorized so far as I am concerned to give the within motion for a new trial any direction as the court deems proper and just.”
By September 16, 1944, Lena had not requested a new attorney nor had she requested a new trial. On August 18, Lena wrote to Governor Ellis Arnall requesting that her case be reviewed. On October 9, the governor responded to Lena’s request and granted her a ninety day stay. A hearing was scheduled for November 28, 1944. The Georgia State Board of Pardons and Paroles denied her request for clemency.
Governor Arnall did not, at that time, have the authority to pardon Lena. All requests for pardons were handled by the Georgia State Pardon and Parole Board. Chairman of the Pardon and Parole Board, Edward Everett sent a letter to Lena advising her of her right to appeal the case. The letter however, was mailed to Reidsville prison instead of Cuthbert where Lena was being held at the time. In addition, a copy required to be sent to the Sheriff in Cuthbert was sent to the prison in Reidsville. Consequently, Lena was not informed of her right to an appeal. Court records gave no explanation for this mistake.
On January 6, 1945, Judge Worrill wrote in his decision that he dismissed the motion for a new trial, that he reinstated the sentence and that Lena was scheduled for electrocution on March 5, 1945.
“The above named Lena Baker having been convicted for murder in the May Term, 1944 adjourned Randolph Superior Court and having filed her motion for a new trial in said cause and a hearing on said motion having been set for September 16, 1944 in vacation at Cuthbert, Georgia at 10 o'clock a.m.; and it further appearing that said defendant either in person or by cousel [sic] failed to appear on said date to prosecute said motion, and it further appearing that W.L. Ferguson, attorney for said defendant has withdrawn from said case and does not intend prosecuting said motion; and it further appearing that at the time of filing said motion, said W.L. Ferguson notified, said Lena Baker that he was withdrawing from said case and had filed the motion in order that she might secure counsel to prosecute the same which she has failed to do and makes no effort or attempt to prosecute said motion,
NOW, THEREFORE, be it order and adjudged, and it is so ordered and adjudged that said motion for a new trial be, and the same is, hereby dismissed for lack of prosecution and the Clerk of said court is ordered to file this dismissal as a part of t he [sic] records in said case.
Upon inquiry into the facts and circumstances of this case, and it appearing to t he [sic] Court that the defendant, Lena Baker, was on the 14th day of August, 1944, convicted of Murder, and on the 14th day of August, 1944, was sentenced by order of this court to the punsihment [sic] of death; and it further appearing to the Court that the said sentence has not been executed, having been superseded and stayed by a motion for a new trial, but which said motion was abandoned and dismissed and in lieu thereof, a respite for 90 days obtained from and granted by the Governor of Georgia pending an appeal to the State Pardon and Parole Board of Georgia, and which said appeal and plea was heard and-denied by the Said State Pardon and Parole Board, and an appropriate order having been duly and regularly passed; and it further appearing that the sentence heretofore imposed upon the said Lena Baker still stands in full force and effect and that no legal reason now exists against the execution of said sentence.
Now, therefore, it is ordered, and adjudged by the Court that the Sheriff of Randolph County, or his lawful Deputy, together with such deputies as he may deem necessary (the number of guards to be approved by the presiding Judge or the Ordinary of said County) shall convey the said Lena Baker to the Tatnall [sic] County Prison in Tatnall [sic] County, Georgia, not more than twenty days not less than two days prior to the 5th day of March, 1945, and there deliver her to the State Board of Penal Administration, to be electrocuted, as provided by law, at such penal institution as may be designated by t he [the] said Board.
And it is ordered and adjudged by the Court that the Warden of the Penitentiary of the State of Georgia shall execute the said Lena Baker by electrostriction, as provided herein and by law, in private, witnessed only by her Counsel, relatives and such clergymen and friends as she may so desire, within the walls of said institution on the 5th day of March, 1945, between the hours of 10:00 o'clock a.m., and 2:00 o'clock p.m., as heretofore provided in a sentence and order of this court passed on the 14th day of August, 1944, and in conformity with this provisions of said order and sentence.
And May God Have Mercy On Her Soul.”
On February 23, Sherriff Taylor drove Lena to the Tattnall County Prison in Reidsville, Georgia. On the day her life was to end, Lena was strapped in the electric chair, nicknamed “Old Sparky”. No family members were present on March 5, only prison officials and Mr. H.O. Pritchett from Cuthbert. Lena and her family picked cotton for him and worked in his fields. He represented the family.
When asked if she had any last words, she stated,
“What I done, I did in self-defense, or I would have been killed myself. Where I was I could not overcome it. God has forgiven me, I have nothing against anyone. I picked cotton for Mr. Pritchett, and he has been good to me. I am ready to go, I am one in the number. I am ready to meet my God. I have a very strong conscience.”
Lena was given an electrical shock not once but several times, for a total time of six minutes until she was pronounced dead at 11:26 a.m. After her death, she was transported back to Cuthbert and buried at Mt. Vernon Baptist Church Cemetery.
On May 3, 2005, through the work of her nephew, Roosevelt Curry, Lena Baker was posthumously pardoned by the Georgia State Pardon and Parole Board.
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PICTURES:
L: Location of Lena's trial, former Randolph County Superior Court. M/L: Grave headstone. M/R: Mt. Vernon Baptist Church Cemetery. R: Georgia State Pardon.
Pictures taken December 21-23, 2011.
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SOURCES:
Books
Dittmer, John. "Black Georgia in the Progressive Era, 1900-1920." Urbana and Chicago: University of Illinois Press, 1980. Print.
Phillips, Lela Bond. "The Lena Baker Story." Wings Publishers, 2001. Print.
Court Records
Superior Court Minutes Randolph County Georgia: May Term 1920.
Superior Court Minutes Randolph County Georgia: May Term 1944.
Internet
“1910 United States Federal Census - Lena Baker.” Ancestry.com. Web 2 Jan. 2012.
“1920 United States Federal Census - Lena Baker.” Ancestry.com. Web 2 Jan. 2012.
“1930 United States Federal Census - Lena Baker.” Ancestry.com. Web 2 Jan. 2012.
“Georgia Deaths 1918-98 - Lena Baker.” Ancestry.com. Web 2 Jan. 2012.
“Georgia Deaths 1918-98 – E.B. Knight.” Ancestry.com. Web 2 Jan. 2012.
“Mt. Vernon Baptist Church.” Cuthbert.GeorgiaStateMap.net, Web. 16 Dec. 2011.
Lohr, Kathy. “Ga. Woman Pardoned 60 Years After Her Execution.” npr.org/templates/story/story.php?storyId=4818124, Web. 26 Nov. 2011.
Phillips, Lela Bond. “Execution In A Small Town - The Lena Baker Story.”
file:///C:/Users/HistoryPO/AppData/Local/Microsoft/Windows/INetCache/IE/8Y2HIKNZ/small_town_jd29.pdf, Web.
23 Dec. 2011.
“Lena Baker.” findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=11544277, Web. 17 Nov. 2011.
Movies
Wilcox, Ralph. Dir. The Lena Baker Story. Lionsgate, 2008. DVD.
Newspapers
Millard, Cindy Nelson. “Lena Baker: Honored with new headstone ceremony.” The Cuthbert Southern Tribune. 20 Jan. 2011. Print.
Millard, Cindy Nelson. “Lena Baker: Only woman sentenced to death in Georgia receives new headstone in Randolph County.” The Cuthbert Southern Tribune. 6 Jan. 2011. Print.
Site Visits
Church, Cemetery and Gravesite, Cuthbert, GA. 22 Dec. 2011.
Cuthbert Water Tower, Cuthbert, GA. 23 Dec. 2011.
Former Randolph County Georgia Superior Court, Cuthbert, GA. 23 Dec. 2011.
Randolph County Georgia Superior Court, Cuthbert, GA. 21 Dec. 2011.
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INTERRED: Mt. Vernon Baptist Church Cemetery, Highway 82 West, Cuthbert, GA 39840.
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SUBMITTED: January 7, 2012.
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