THE DEATH OF FRIEND GARNER

Harrison William Huggins (1843-1933) was the son of George "Goen" Huggins. Harrison had three surviving sons by his first wife, Mary A. Henry (1847-1875):

William Thomas Huggins aka "Will Tommy" (1864-1954)
Henry Nelson Huggins aka "Nelson" (1865-1949)
George Washington Huggins (1872-1936)

During the fall of 1893, Harrison William Huggins rented a field near Antioch Church (in Wetzel County) from Henry Garner (1812-1901) for winter wheat. Henry was Harrison Huggins' first cousin once removed.

After the wheat was harvested in July 1894, the Huggins men turned their horses into the field to graze. Henry Garner & Nancy Jane Parsons Kelley Garner's son, Friend Garner (20 Nov 1870 - 20 July 1894), objected to this and went to the field with a few friends to confront the Huggins men. A fight ensued and Garner was killed. (Click here to view his Gravestone). As all four Huggins were involved in the fight and it could not be determined which of them had dealt the fatal blow, Harrison and his 3 sons were all arrested and tried separately.

The reason the Huggins' were so angry was because the horses had been removed from the field (possibly by Friend Garner or someone on his behalf) and left loose to wander in the road the previous night.

Per Donnie Huggins (grandson of Will Tommy Huggins):

"The common practice of the day was to plant winter wheat in the fall, harvest it in July and then "pasture the wheat stubble" for several weeks after harvest. 'Pasturing the wheat stubble' meant horses and other animals were allowed to roam the harvested field to eat what had been missed during the harvesting process".

The Wheeling Register covered the trials. Following are some of their articles, along with a comment from Donnie Huggins:

July 21, 1894

The intelligence was received here today of a terrible fight and murder in the northern part of the county. Friend Garner, a son of Henry Garner, one of the most prominent farmers and the largest land owner in Wetzel county, was most brutally assaulted and murdered last night about 7 o'clock by a man named Huggins, and several other persons were severely hurt.

The REGISTER reporter arrived at the scene of the murder this afternoon about two o'clock, and was able to get the following information about the case.

It seems that the Huggins people had rented a field from Henry Garner, and had it in wheat. When the wheat had been harvested Huggins turned his stock into the field to graze. He was warned by Mr. Garner to take the animals out and keep them out of the field. This Huggins refused to do, and last night when he went to turn some horses into the field, he was met by Friend Garner and some words passed between them.

In the Garner party there were the murdered man, Joe Parsons and Lincoln Evans, and Thomas Huggins Sr., {William Thomas "Will Tommy" Huggins}, Harrison Huggins {Harrison William Huggins} and George Evans composed the other party. When Harrison Huggins and Friend Garner commenced quarreling these men were ready, evidently in anticipation of trouble. Mr. Garner told Huggins not to put the horses in the field and the reply was "we will put them in or die." With these words a bloody fight commenced between the two parties.

In evidence produced at the inquest this afternoon, it was brought out that Harrison Huggins struck Garner with a club, knocking him down, and then commenced beating him. Others of the Huggins party then jumped on Lincoln Evans and Joe Parson {sic}, Garner's companions, and used them pretty badly, both men being badly bruised about the face and upper part of the body.

When Garner was struck he was knocked unconscious, and after being taken to his house a short distance away, died in a few hours. Drs. Cox and Yeater, of Proctor, were called before the death of Garner, and at the inquest gave it as their opinion that Garner had died from the effects of the blow received.

Friend Garner was a well known and popular young man about 22 years old, was married and the father of two children.

Prosecuting Attorney Morris was summoned to the scene of the murder this morning early, and on his way there he stopped at Proctor, where he was joined by Squire Dopler. When these gentlemen arrived at Garner's home Squire Dopler impaneled a jury and proceeded to hold an inquest. Drs. Yeater and Cox made a post mortem examination and made a statement to the jury, in which they gave it as their opinion that Mr. Garner had died from the effects of a blow from a blunt instrument; received in the fight.

The Coroner's jury comprised of the following men: James Henry, Robert Coffield, David Clark, Ed Beresford, James Fitzsimmons and J. W. Palmer, had not rendered a verdict at 6 30 o'clock this evening.

Joseph Parsons and Lincoln Evans, who were with Garner at the time the assault was made, were also badly injured. It is reported also that one or two of those in the Huggins party were seriously injured.

The funeral of Mr. Garner will take place to-morrow afternoon after the conclusion of the inquest.

23 July 1894

The Coroner's jury on the body of Friend Garner, the man murdered Friday night in the back part of the county, a complete account of which was published in the SUNDAY REGISTER, returned a verdict Saturday night that "Friend Garner had come to his death by a blow from a blunt instrument at the hands of Harrison, George, William Thomas and Nelven {sic} Huggins."

Upon the return of the above verdict by the jury, Squire Dopler, of Proctor, immediately made out warrants for the men implicated in the murder, and placed them in the hands of a constable and posse who arrested the accused men and brought them to Proctor, where they will be given a hearing Monday morning, after which they will probably be brought to this place and place din jail to await trial.

The story of the murder in the SUNDAY REGISTER was the only correct one that has yet appeared, the other stories so far published being sensational and exaggerated. Evans and Parsons are not fatally wounded, as stated in one paper, but both attended the inquest yesterday. The Huggins men did not leave the country, as stated in a sensational sheet, but were found at home by the officers who went to arrest them.

25 July 1894

Preliminary Hearing

The preliminary hearing to the case of State vs. Harrison Huggins, Will T. Huggins, Henry W. Huggins and George Huggins for the murder of Friend Garner, took place this afternoon before Justice John A. Dopler, of Proctor. The State was represented by M. R. Morris, Prosecuting Attorney of Wetzel County and J. W. McIntyre of New Martinsville and the defense by Col. W.W. Arnett of Wheeling.

The hearing was held in the schoolhouse at two o'clock, and the house was crowded, about 500 people being present. Great interest was manifested by the friends of both parties and the excitement was intense.

The prisoners waived the right of a separate examination and were tried collectively.

There were about nineteen witnesses for the State present among whom were the physicians - Drs. Yeater and Cox - who were called to attend the men injured in the affair, Lincoln Evans and Joseph Parson {sic}, two of the men who took part in the trouble, but only four were examined.

It was bought out in the examination that during the fight between the farmers the victim cried out: "Hurry Nelson, Huggins is striking me over the head with a club." *

During the examination of Mrs. Virginia Garner a great deal of excitement was caused by that lady fainting from the heat and excitement, caused by the overcrowded condition of the courtroom. After the lady had been taken care of the aisles of the room were cleared and a portion of the crowd cleared from the room. Mrs. Garner was overcome by the heat in the midst of her testimony and it was necessary to call another witness.

After the examination of the four witnesses the attorneys commenced arguing on some law points which took up a great deal of time.

The defense, represented by Col. Arnett, examined Henry Nelson Huggins, his brother Will T. Huggins and the latter was still on the stand at 5 30 o'clock.

All the evidence so far submitted shows conclusively that both parties went to the scene of the trouble with the expectation of trouble, and it also shows that the four men arrested at one period or another were engaged in a scuffle with the murdered man. The case is exciting a great deal of interest, and the country people are coming miles to attend the hearing.

*Per Donnie: "The only Nelson present was a Huggins {Henry Nelson Huggins}. If that cry was uttered it must have been a Huggins uttering it... No one on the Garner side of the fight would be asking Nelson for help."

29 September 1894

1st Trial - George W. Huggins

The trial of George W. Huggins for complicity in the murder of Friend Garner, of this county, about 6 miles east of Proctor this July, a correct account of which appeared in the REGISTER at the time, was commenced on Tuesday. The man placed on trial was indicted jointly with his father, Harrison Huggins, and his two brothers, Henry Nelson Huggins and William T. Huggins.

When the prisoners were brought into court their counsel asked for separate trials and the request was granted by Judge Jacobs. The defendants are represented by Col. W.W. Arnett and Col. Robert McEldowney. The State is represented by Prosecuting Attorney M. R. Morris, J. W. McIntyre and Captain B. B. Dovener.

Very little trouble was experienced in selecting a jury and the following persons were selected: F. M. Baker, Arch Harker, Henry Richmond, W. J. Criswell, Chris Yost, J. R. Denny, John L. Taugh, J.B. Pettet, T. B. Moore, I.D. Blake, Daniel Carney and James McHenry.

A large number of witnesses have been summoned on each side, and the trial promises to be one of the most interesting and costly this county has had in a long time. The array of legal talent on both sides is the best obtainable, and it is likely a bitter fight will be made. Up to date a number of witnesses have been examined for the prosecution, and the following testimony of the deceased's wife gives the story of the murder as it was published in the REGISTER:

The first witness called was Virginia B. Garner, widow of the murdered man, who testified that on the evening of July the 20th, her husband, Friend Garner, came from the field where they had been cutting grass, between sundown and dark; that they passed down the road towards the field from which Harrison Huggins had cut wheat; that she went into the house and soon heard loud talking down the road; that she went to the yard with Mrs. Parsons and heard George W. Huggins say that he would turn the horses in or die; that she and Mrs. Parsons started down the road, and when about half way between the house and sheep barn, she ran back to see about her baby, then ran down the road to the barn, and found her husband lying against the fence and Harrison Huggins standing over him with a club raised in his left hand; that she told him not to strike her husband any more; that Harrison Huggans said: "The field is mine; let me at him"; that she and Link Evans got her husband on his feet and took him a short distance from the barn where he told them to lay him down; that they assisted him down and he became unconscious; that he was removed to the house and died in a short time.

As there is still quite a number of witnesses to be examined, it is not likely the case will be submitted to the jury before the latter part of next week, and no one will venture to say what the outcome will be, although the general feeling is that the prisoners will be convicted.

30 September 1894

A night session was held last evening by Judge Jacobs in the trial of George W. Huggins for the murder of Friend Garner and the evidence was concluded. It was quite a surprise when the attorneys for the defense stated last night that they would rest the case, as there were a large number of witnesses for that side who were not examined.

Huggins' father and two brothers each swore that they did not know who struck the murdered man, but on cross-examination admitted that they had all hit him. Huggins, the man on trial, was placed on the stand and his evidence on cross-examination was particularly damaging to the defense.

Prosecuting Attorney Morris addressed the jury last night at length and concluded his charge about 10 o'clock. This morning J. W. McIntire presented the State's side of the case at considerable length. He was followed by Capt. Bob McEldowney and Col. W.W. Arnett for the defense and Capt B. B. Dovener closed up for the State this evening. The attorneys were given ten hours by Judge Jacobs in which to argue the case.

It is likely the case will be submitted to the jury late this evening and it is not expected a verdict will be reached before tomorrow.

This trial has been attracting considerable attention and the court room has been crowded daily with curious people.

2 October 1894

The trial of George W. Huggins who was jointly indicted with his father and two brothers by the grand jury at this term of Circuit Court for murder came to an end this morning when the jury, which has been out since Sunday (or Saturday) night, returned a verdict of murder in the second degree.

The crime for which Huggins has been convicted was the murder of a neighboring farmer, Friend Garner, in July, in a fight over a pasture field. During the scrap stones and clubs were freely used, and in the melee Garner was struck a blow on the head, which fractured his skull, causing his death a short time afterward.

The trial which has just ended commenced one week ago today and continued all of last week. The defense was presented by Col. W.W. Arnett, of Wheeling, and Capt. Bob McEldowney, of this place while the States side of the case was looked after by Prosecuting Attorney M. R. Morris, J. W. McIntyre of this place, and Capt. B. B. Dovener of Wheeling.

The others who were connected with the affair are still in jail here, and it is not likely they will be tried this term of court, as it is understood a continuance has been asked for on account of some of the attorneys being unable to attend.

5 Oct 1894

The motion for a new trial in the case of George Huggins, who was convicted of the murder of Friend Garner, is down for argument to-night. The motion is based on the jury being unduly influenced, also that one of the jurors is a relative of the murdered man. It is generally thought here that the verdict was an excessive one and should be set aside. The verdict rendered was murder in the second degree.

13 October 1894

Judge Jacobs this morning decided the motion for a new trial in the case of George W. Huggins, charged with the murder of Friend Garner, and who was found guilty of murder in the second degree at this term of court. There were five different grounds upon which a new trial was asked.

First - For the reason that F. M . Baker, one of the jurors, was a relative of Friend Garner, dead, and also of the defendant.

    Second - On account of certain clubs or sticks, which were brought into the court during the trial, and afterwards left in the sheriff's office, which was used as a jury room, and where they remained for a short time in the presence of the jury. [The clubs not being in evidence.]

    Third - Court having refused to give a certain instruction asked for by the defendant.

    Fourth - Remarks of persecuting counsel in arguing the case.

    Fifth - Because the verdict was contrary to the law and evidence.

Judge Jacobs very carefully went through the case and after an exhaustive, exposition of the law bearing up on the subject, and a review of the evidence, he overruled the motion for a new trial, and sentenced Huggins to five years in the State prison. The Judge spoke very complimentally {sic} of the attorneys connected with the case. Harrison Huggins the father, William T. and Henry N., two sons, who are jointly indicted for the same offence, will be tried at the January term. They are still in jail, being unable to give bond which is fixed by the court at $2,000 each, except Henry N., whose bond is fixed at $1,000. Court adjourned this evening.

20 January 1895

Col. W.W. Arnett, of Wheeling, and L. R. Moore, of Sistersville, attorneys, were attending court here Friday.

The trial of Harrison Huggans, W. T. Huggans and George W. Huggans for participation in the murder of Friend Garner is set for Monday morning.

22 January 1895

2nd Trial - Harrison Huggins

The case of Harrison Huggans, William T. Huggans and Henry N. Huggans, charged with the murder of Friend Garner, July 20, 1894, was called in the Circuit Court this morning. The defendants elected to be tried separately, and the State selected Harrison Huggans, the father of the other two defendants, as the one she would put on trial first.

The case was delayed by the absences of Col. W.W. Arnett, who is one of counsel for the defendants. Little trouble was experienced in getting a jury. Irven Ober was excused for having a fixed opinion. William Teagarden because his daughter married a cousin of Friend Garner, Jason Hendershot because he is a cousin of the defendant. D. L. Long because he had a fixed opinion.

The following jurors answered satisfactorily the questions propounded by the Court, and were sworn: O. P. Himelrich, George Eckelberry, Isaac Wiley, Scott Cain, W. V. Moore, William Arman, J. J. Cain, Emanuel Bonar, J. K. Gorby, W. J. Price, Henry Pettit and Nicholas Barr. Attorney J. W. McIntire opened by stating the case to the jury, and he was followed by Col. Arnett for the defense, and prosecuting Attorney M. R. Morris closed for the State. Hon. B. B. Dovener is one of counsel for the State and Capt. McEldowney is assisting in the defense.

Thirty-eight witnesses were called, sworn and separated. Twenty-five for the State and thirteen for the defense.

Dr. J. W. Yeater was called. He told the jury about attending the deceased, making examination, etc. etc. stating that he found three wounds on the head and a wound on the right side of the body, and a blood clot on the brain which he concluded caused death.

George W. Huggans, the son of the defendant, was tried at the September term of the court, found guilty and sentenced for five years in the penitentiary for participating in this case.

Court adjourned until to-morrow morning at 9 o'clock after the examination of Dr. Yeater.

23 January 1895

The trial of Harrison Huggans for the murder of Friend Garner, was resumed this morning. Virginia B. Garner, widow of the murdered man, was the first witness. She is 23 years old, of prepossing appearance, and was cool and collected on the witness stand. She stated that on July 20, 1894, her husband, Lincoln Evans and Joseph Parsons were cutting grass. In the evening they came from the field and passed the house and went in the direction of the bars leading to the field into which Huggans had turned his horses. She heard loud talk, went out, and heard George Huggans say: "I will turn the horses or die." I ran out and when I got there my husband was lying against the fence and Harrison Huggans was standing over him with a club in his left hand. The club was raised. I said don't strick {sic}him any more and he said, "G-d d- him, let me at him; I will show him that the field is mine." Evans and I raised my husband up and he went about twelve feet when he cried out, "O, my head", and sank down on his knees. We raised him up and he sank down again and became unconscious. Dr. Yeater came in about thirty minutes. We carried my husband to the house, about 300 yards away, and he died at 11 o'clock that night. The fight took place between 8 and 9 o'clock. I saw Harrison Huggans, George Huggans, Henry Huggans and W. T. Huggans there. There were others whom I did not know. I saw George Huggans standing across by the fence with a rock in his hand. My husband said that Henry Nelson had struck him over the head with a club and had about killed him. This was the last he said.

Henry Garner, eighty-two years old, father of the murdered man, testified as to the contracts with Huggans, who was his tenant, but gave no evidence bearing on the murder.

25 January 1895

The first witness called this morning was Retta Goddard, who stated that after the fight was over she called that night at the house of Harrison Huggins, that she saw a cut on the arm of W. T. Huggans, and noticed that his shirt was cut, that Harrison Huggans had a bruise over one eye, that George Huggans had a large knot on the back of his head, where he was struck, that he appeared to be very sick, that she is a cousin of the defendants and a third cousin of Friend Garner. On cross examination she said that the shirt which was cut was taken out of water when it was put to soak and was quite bloody on the sleeve.

Alfred Yoho stated that on the evening he went with the Huggans about one-third of the distance to the bars, that Harrison Huggans did not carry a club. He could not say whether he rode or walked. Mr. Yoho is a very small man and badly deformed.

Ed Berresford surprised the defense by stating that the young grass looked well on the field for as far as he could see. Col. Arnett complained that the witness had stated the contrary before going on the stand. The defense here rested.

The State recalled Lincoln Evans, who stated that the grass on the field looked well.

Dr. P. V. Cox stated that W. T. Huggans was brought to his office on Monday, after the fight, and that the only evidence of wounds seen by him was a slight abrasion on the left arm, that it had not been cut, that a mere scratch or bruise was found, and no other wounds had been on him or spoken of. The wound on the arm looked like it might be done by the end of a stick striking the arm.

Thomas Smith, Albert Garner and Charles Ellers {sic} were called, and spoke of the grass on the field as being very good for a young crop.

Samuel O'Neal stated that he saw Henry N. Huggans the next morning after the fight, and that Huggans told him that the way they came to kill Garner was, that as they went to put the horses in the field, Friend Garner rushed up, and that he and his pap commenced to fight, and that Will Terril rushed in.

Beauregard Hafer stated that George W. Huggans told him on the evening of the fight that he could whip the ___ ___ ___ that turned the horses out of the field.

The argument commenced at 1 p.m. by M. R. Morris, prosecuting attorney, and was followed by J. W. Martin, also for the State. Col. Arnett and Captain McEldowney will next follow for the defense, and Capt. B. B. Dovener will close for the State. About ten hours will be consumed in arguing the case.

03 February 1895

Motion for new trial for Harrison Huggans

The motion for a new trial for Harrison Huggans, convicted of murder in the second degree, has not been passed upon by the Court yet. The court will dispose of the motion some time next week.

22 May 1895

3rd Trial - W. T.. Huggins

The trial of W. S. Huggins, charged with participation in the murder of Friend Garner, July 20 last, was commenced to-day in the Circuit Court M. R. Morris, prosecuting attorney, J. W. McIntire and Capt B. B. Dovener represent the State, and Col W.W. Arnett and Capt Robert McEldowney appear for the defendant. But little trouble was experienced in getting the following jurors John DeBolt, James D. Hunt, Selby Postlethwait, L. B. Oates, Aaron Bassett, Thomas Coen, W. E.. Johnson, W. Sapp, D. N. Wade, D.T. Anguish, David Ballard and Charles Rush.

J. W. McIntire made the opening statement followed by Capt. McEldowney and Col Arnett for the defense, Capt. Dovener closing for the State.

Dr J. W. Yeater and Dr F. V. Cox were the only witnesses examined. They described the wounds found upon Garner's head and body, the same as at the previous trials. They also stated that Garner was in normal physical condition except for those wounds, and that they had produced death. Court was then adjourned till morning.

26 May 1895

The trial of W. L. Huggins for murder is now on in the Circuit Court. The trial of his brother, Henry N., for participation in the same offense is set for next Wednesday.

31 May 1895

The jury in the case of the State against William L. Huggins, charged with complicity in the killing of Friend Garner last summer, at 11 o'clock to-day brought in a verdict of voluntary manslaughter. The case of Henry Nelson Huggins, for the same offense, is now on trial. The State will conclude its evidence to-morrow.

1 June 1895

4th Trial - Henry Nelson Huggins

The trial of Henry H. Huggins for murder was resumed this morning. Belle Garner, widow of the murdered man, stated that she found her husband lying against the fence, and that Harrison Huggins was standing over him with a club, and that Henry Nelson Huggins was standing near him; that she asked her husband how he was hurt, and that he put his hand to his head and said Henry Nelson Huggins had hit him over the heat with a club and had about killed him. She then described the position of the defendants and others as reported in the Register. With the exception of the declaration of Friend Garner as to who struck him the evidence is the same as in the other cases, a full account of which appeared in the Register.

A sad accident happened this morning as the witnesses were coming in court. Sanford Huggins, his wife, and his wife's sister, Mrs. Siberts, were driving in a spring wagon. The horses took fright and ran away, throwing the parties out and cutting the head and face of Mrs. Huggins and fracturing a leg. She is reported dangerously hurt. Mr. Huggins and Mrs. Siberts were also badly bruised. They were unable to come in to town. Mr. Huggins is a cousin of the defendants.

4 June 1895

The evidence in the case of Henry M. Huggins, on trial for murder, was concluded at 10:40 a.m. Saturday. The evidence did not differ materially from that introduced in the three other trials, each of the defendants denying in turn that he struck Garner. Jerry Evans, a young man who was with the Huggins on the night of the row, swore that he saw Lincoln Evans just as the defendants left the ground, rush up to Friend Garner and say, "who is this", and strike Garner and knock him against the fence, and then say again, "who is this" and strike him with a club and knock in the road. This is the first term of the court that Evans has been used as a witness. He is a cousin of the defendants, but no relation to Lincoln Evans.

J. W. McIntire opened the argument for the State, followed by Capt. McEldowney and Col. Arnett for the defendant. Capt. Dovener closing for the State at 5:30 p.m. Judge Jacobs instructed the jury this morning and it retired to decide upon a verdict. Later the jury returned with a verdict of murder in the second degree.

16 June 1895

Circuit Court adjourned to meet in special session on July 1st to pass upon the motion for a new trial in the cases of Harrison, W. S. and Henry N. Huggans. The motion was argued Thursday by M. R. Morris and J. W. McIntire for the State, and Col. Arnett and Capt. McEldowney for the defense. The Court took until July 1st to consider the evidence and law on the subject.

4 August 1895

D. H. Cox, Sheriff, to-day conveyed to the penitentiary Harrison Huggans {sic} and his two sons, Henry M. {sic} and William T. They were convicted of the murder of Friend Garner, a full account of which appeared in the Register. Harrison and Henry N. were sentenced to five years each and W. T. to one year.

GRAND JURY DOCUMENT

SENTENCING DOCUMENTATION

WITNESS TRIAL EXPENSES LIST

A special thank you to Donnie Huggins for his help with this page.