Thursday, August 9, 2012

Why did Samson's mayor gun down E.G. Stamps a century ago?

In this space last week readers saw the monthly review of events that took place in Conecuh County 100 years ago. One of those items caused a number of readers to contact the paper wanting more details about the incident.
For those of you who missed it, the item that prompted so many questions appeared in the Aug. 21, 1912 edition of The Evergreen Courant. Under the headline, “E.G. STAMPS KILLED,” readers learned that “Edward G. Stamps (of Evergreen) was shot and killed this morning in Samson by Mayor Mizell.

“The news was conveyed to J.H. Stamps, father of the dead man, in a telegram received here about seven o’clock from the depot agent in Samson.

“No particulars concerning the tragedy could be learned. The remains will be brought here for interment probably tomorrow.”

Who was E.G. Stamps? What would cause the mayor of a town to gun him down? What led up to the shooting? Those were just a few of the questions posed to me after last week’s paper.

I researched the incident further last Thursday morning and did manage to find more details about the shooting. Here’s a story from The Courant that was published shortly after the shooting.

“Funeral of E.G. Stamps: The funeral of E.G. Stamps, whose tragic death occurred last Wednesday at Samson, a brief statement of which was published in The Courant last week, took place from the family residence on Bruner Avenue on Friday morning. Dr. J.S. Frazer read the church ritual at the grave and the local lodge Knights of Pythias, acting by request of the lodge at Opp, of which deceased was a member, deposited the body in the grave with the solemn Pythian rites.

“The account of the tragedy published in The Samson Ledger, which is taken as authentic, is reprinted below:

“Frank J. Mizell, mayor of Samson, killed E.G. Stamps, superintendent of the Water and Light Plant, at about 6:15 a.m. Wednesday, firing five shots from a .41 caliber Colt revolver, all of which apparently took effect, there being nine holes found in the body.

“The shooting started in front of the Ballard-Williams drug store and it is not known that anyone was in hearing distance of any conversation that might have passed between them, but there were several eyewitnesses to the shooting.

“From the best reports attainable the story of the shooting is as follows:

“Mizell was leaning against the door frame of the drug store when Stamps came up, and Mizell opened fire on him. Stamps threw up his hands and started retreating sideways, exclaiming ‘Don’t shoot me! Don’t shoot me!’ but Mizell continued following him and firing as he ran. Stamps fell almost in front of W.B. Folmar’s bread shop, and it is alleged that Mizell advanced to within about two feet of Stamps’ head and fired the fifth and last shot.

“The parties had been bitter enemies for about three years, and the culmination of the feud was no great surprise to those who knew the feelings between the two men.

“Mizell was placed under arrest immediately by Chief of Police Angle, who at the request of Mizell, took the latter to his home to see his wife, who is in poor health. Sheriff Brown had arrived here from Geneva shortly before the shooting and went at once to the Mizell home. Deputy Sheriff N.C. Smith also appeared on the scene and preparations were at once made to take Mizell to the Geneva County jail, where he is now.

“Upon investigation, it was found that Stamps was unarmed.”

According to back issues of the Andalusia Star-News, before the shooting, Stamps was soon to be married to a young woman in Texas.

“The young lady when informed of (his) death, quickly boarded a train only to have the train wrecked and had to finish by private conveyance,” the Star-News reported. “It is unknown whether she made it to Evergreen in time for (the funeral) services.”

Almost three years later, in the April 29, 1915 edition of The Florala News-Democrat, it was reported that “the jury in the trial of Frank Mizell, charged with the murder of Edwin Stamps at Samson in 1912, after three days and a half of deliberations, reported to the court last Monday that they were unable to agree on a verdict and were discharged.”

The only other reference that I found to Frank Mizell was in the Jan. 28, 1933 edition of The Dothan Eagle.

In that paper there was a story about Dothan Mayor I.C. Ezell and hotel owner Dan Baker being charged with obstructing justice and conspiracy to obstruct justice.

According to the story, they were both indicted for allegedly having a man named Will Adams “leave the city so he would not be here to testify in liquor charges against Malcolm Farmer and Frank Mizell of Samson. It was charged Mayor Ezell conferred with Adams relative to the departure of the latter. Adams was not present at the preliminary hearing of Mizell and Farmer, nor at the grand jury session following the preliminary.”

I’d be interested to hear from anyone in the reading audience who knows anything more about the incident, so that I can pass it along to the rest of our readers. You can contact me at The Courant at 578-1492 or by e-mail at courantsports@earthlink.net.

4 comments:

  1. I'm doing a little research on this man and you may be interested that he was involved in another shooting, some years earlier:
    On December 12, 1906, Frank Mizell was cashier of the First National Bank of Samson. He shot Jacob Benton that day, wounding him. On January 11, 1907, his brother C.W. Mizell, also his attorney, had an agreement made up where $310.55 was paid to Benton for any financial loss or injury he suffered. I don't know the reason for this shooting at this time.

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  2. Thanks for sharing, Patrick. I wonder if back in those days that Frank Mizell may have had law enforcement duties associated with his duties as mayor. Many small towns at that time had no police force like today, so it may have fell to him to enforce the law. Invariably, he probably made some people mad, which may have led him to have to defend himself with a firearm on more than one occassion. What's the nature of your research? Are you from the Samson area?

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  3. First National Bank of Opp, Ala letterhead (note “Ala” used – pre-statehood for Alaska)

    W.H. Holloway, President
    F.J. Mizell, Cashier
    Lists Capital Stock of First National Bank of Opp, Ala as $50,000


    The State of Alabama,



    Covington, County. THIS AGREEMENT made and entered late on this the 11th. Day of January 1907. by and between Jacob Benton, party of the first part and C. W. Mizell and Frank J. Mizell parties of the second part WITNESSETH: That whereas on to-wit the 11th day of December 1906 the said Jacob Benton received a gun-shot wound alleged to have been inflicted by the said aforesaid Frank J. Mizell and by reason thereof has incurred financial less and damage in the sum of to-wit: $310.55; and whereas it is desired that said Benton be reimbursed said sum and that matters of difference existing between the said Jacob Benton and the said C. W. Mizell and Frank J. Mizell as far as any civil suit or proceedings for damages is concerned be compesed (sp) and adjusted:

    NOW THEREFORE for and in consideration of the premises and the payment to said party of the first part of the said sum of $310.55 the receipt whereof is hereby acknowleged (sp), the said Benton does hereby waive, release, and renounce any and all claims, actions, suits, and demands against said Frank J. Mizell arising or growing out of or connected with the infliction of sadi (typo) wound or on account thereof: the said sum of $310.55 and the agreements and undertakings hereinafter set forth of the said parties of the second part constituting full and complete satisfaction of all claims arising or growing out of said infliction of said wound.

    And, as a part of this agreement and for the sum of og (typo) one dollar to said parties of the second part in hand paid, the receipt whereof is hereby acknowledged and the release of the said claim of damages as aforesaid, the sadi (typo) parities of the second part agree not to engage in or carry on any mercantile or banking or other business of like character in the said town of Opp, Covington County, Alabama, for the full term and period of twenty years from the date of the ensealing and delivery of these presents.

    IN TESTIMONY WHEREOF the said Jacob Benton has affixed his hand and seal hereto, on the said 11th day of January, 1907; and the said Frank J Mizell signing these presents by his lawful attorney in fact, C. W. Mizell who is thereunto duly and lawfully authorized: (handwritten – In Duplicate)



    Attest in



    Henry Opp (handwritten signature of Opp’s namesake) Jacob Benton L.S.

    A. Whaley C.W. Mizell L.S.

    Frank J. Mizell L.S.

    By his attorney in fact C.W. Mizell

    State of Alabama,

    Covington County. Before the undersigned authority, personally appeared the above named C.W. Mizell and deposes and says, being first duly sworn that he has full power and authority to sign the above agreement for and on behalf of said Frank J. Mizell holding the power of attorney of said Frank J. Mizell in that behalf. C.W. Mizell

    Subscribed to and sworn to me this 11th. Day of Jany. 1907. A Whaley, Register in Chancery in aforesaid County.

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  4. Jacob Benton, John J. Benton and Frank J Mizell went into the mercantile business together in 1901 forming Mizell and Benton Bros. Mizell and Benton Bros was dissolved in August 1904 when John J Benton retired from the partnership but remained as a salesman. In November 1905 an article in the opp Hustler stated Mizell and Jacob Benton dissolved the firm. It was around this time that Jacob Benton opened his stables. A subsequent notice in February 1906 stated the firm had been dissolved and FJ Mizell had taken on all liabilities and accounts due. In the December 14 1906 Elba Clipper the story of Frank J Mizell shooting a shotgun through the window of the First National Bank where Mizell was cashier and hitting Jacob Benton in the shoulder as he walked by. Benton returned fire with a revolver into the First National bank, missing Mizell. Mizell ran and hid in the bank vault. Mizell was arrested and placed under bond. By January 1907 the Andalusia times reported that benton had recovered and the agreement you referenced (I have it in my possession) was signed January 11, 1907. My family tells me that Jacob Benton was a friend of the farmers and did not want to foreclose on any accounts. Mizell was of the opposite opinion and thus the bad blood. Unfortunately this became tragic with the next generation when Jacob Benton's son, William Dee Benton shot and killed Frank's brother Charles W. Mizell (namesake of Mizell Memorial Hospital) November 6, 1941. I'm not sure it was continued bad blood as William Dee and Charles had been close associates for years and on friendly terms. William Dee or "Bigbee" had been overmedicating on Sodium Bromide and may have been hallucinating or in an altered state when the shooting occurred. Some witnesses said it was an argument and both men had weapons. I don't know. It was a tragedy and my GG Bigbee died at Atmore in 1944.

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