Manslaughter By Mortician

 

Yesterday I shared one of my previous blogs on a Facebook group entitled “Kentucky Mountains- Old Photos and Stories.”   And in the comments on my post, George Johnson asked me if I had heard about the murder of his Great Uncle Thurman Johnson at the hands of a Greenup County undertaker / coroner.  I had not heard of the case. But I was immediately interested in the case for a few reasons: 1) it’s a historic crime and 2) I just happen to be a licensed funeral director and embalmer in the state of Kentucky myself.  3) You just don’t hear of undertakers / morticians (both archaic terms, by the way) committing murder.    So I immediately went to work researching this case.

Thurman Johnson, courtesy 
of Family Search

Thurman Johnson came to Flatwoods, Ky., near Russell, from West Virginia in 1925 and worked in the Chesapeake and Ohio Railroad shops at Russell. Before coming to Kentucky, he had lost one arm when working in a West Virginia coal mine. In 1933, Johnson purchased the farm six miles southwest of Greenup. 

 L.G. Stapf was a wealthy Greenup County undertaker who owned part of the Stapf and Mitchell Funeral Home in Greenup.

L.G. Stapf - courtesy of
The Greenup Bacon

The story begins on March 26, 1944.  In a report by the Cincinnati Enquirer (March 28, 1944), Greenup Deputy Sheriff William Adkins stated that one of Stapf’s brood sows invaded Johnson’s property. Johnson shot the sow.  Stapf’s son, Renauld, who was operating the farm, along with 16 year old farm worker Ralph Bates, ran into Greenup and told his father that Johnson had killed the sow.

The elder Stapf went to Johnson’s farm to discuss the matter.  And they were close to reaching an amicable agreement over the damage to Johnson’s grass, when Johnson began cursing Renaurd.  When L.G. Stapf stepped in to defend his son, Johnson attacked Stapf with a knife, prompting Stapf to shoot Johnson three times.

   Two of the bullets had punctured Johnson’s liver and one penetrated one arm, according to the Cincinnati Enquirer (March 27 and March 28, 1944).

Johnson’s wife drove him to the King’s Daughters’ Hospital in Ashland where Dr. C.B. Johnson of Russell, KY performed surgery on the victim.

Soon after the shooting, Stapf went to Greenup, placed his $500.00 bond with Greenup County Sheriff Earl McKenzie, and employed the services of Attorney John F. Coldiron to represent him.  Stapf was initially charged with shooting with intent to kill. 

The next day, according to the Lexington Herald-Leader (March 27, 1944), Stapf’s bond was increased to $1,500.00 after Judge G.W. Burchett learned that the condition of Johnson had become critical.  Stapf paid the additional $1,000.00.

On March 28, 1944, Johnson passed away from his injuries. And Stapf’s charges were upgraded to  murder.  Stapf claimed self-defense in the shooting. His bond was again increased, this time to $5,000, which he immediately paid.   Stapf waived the examining trial and the charge was to be considered by the May 1944  Greenup grand jury. Renaurd Stapf was charged with aiding and abetting.

On May 3, 1944, L.G. Stapf was indicted for the murder of Thurman Johnson.   He provided the $6,000 bond and his trial was scheduled for May 16 by Judge Harvey Parker. Stapf retained three attorneys to represent him: John Coldiron, T.E. Nickel, and J.D. Atkinson.   Thurman Johnson’s widow, Jane, retained A.W. Mann to assist County Attorney Roy Wilhoit in the prosecution. (Source: Cincinnati Enquirer, May 4, 1944)

Allegedly, Stapf had had a heart ailment for three years prior to the shooting.  So the week of the trial, his attorneys had filed affidavits from Dr. H.H. Holbrook of Greenup, Dr. W. F. Marting of Ironton, Ohio, and Dr. E.C. McGhee of Ashland stating that Stapf had a heart condition.  His attorneys stated that because of that, he would be unable to attend the trial.

Acting on a petition filed by Roy Wilhoit, Commonwealth Attorney, Judge Parker appointed Dr. S.C. Smith and Dr. James Scott to examine Stapf to determine if he was in fact physically able to stand trial. (Source: Cincinnati Enquirer May 17, 1944).

The Louisville Courier- Journal reported on May 21, 1944 that the state appointed physicians found Stapf unable to stand trial at that time, and therefore the trial date was set for July 5, 1944.

Two panels of prospective jurors totaling 74 people were exhausted in the jury selection. Only 11 jurors were chosen from that group. More than half were objected because they opposed the death penalty.  This prompted Judge Parker to issue a call for 20 more prospects to fill the 12^th spot.

Finally the trial got underway on July 6, 1944.

The following trial information comes from the Cincinnati Enquirer dated July 8, 1944:

The commonwealth introduced a statement taken from the 55-year- old Johnson in the hospital in which he said "L. G. Stapf shot me today. There was not a lick struck. I did not have nothing, was in my shirt sleeves.”  Johnson’s statement said that Stapf had fired at him several times.

Jane Johnson, the widow of the slain Thurman, told the court that the shooting occurred after an argument over damage done to the Johnson fields by hogs owned by Stapf.  She stated that Stapf came to their home to talk over the dispute, and he and Johnson walked out to the field to inspect the damage. When they reached a spot near the boundary of the two farms is when she heard the shots.

The Commonwealth rested its case the same day. And the trial continued the next day as the defense presented their case.

“Stapf told the court of trouble which had arisen between his son Renauld, 19, and Johnson after hogs from the Stapf farm had broken through a fence onto the adjoining property, Stapf related his son, accompanied by a 16-year-old farm worker, Ralph Bates, had driven to Greenup immediately after Johnson was said to have fired on the hogs, wounding a brood sow.

 The undertaker said he had returned to the neighborhood with his son and the Bates youth. Reaching the Johnson farm, Stapf said he got out of the car and instructed his son to drive on home.

Stapf said he offered to pay for the damage caused by the hogs, but Johnson refused to accept any money. Johnson invited him to stay for dinner, he stated, after which the two men went out to survey the broken fence.

The defendant said he offered to provide wire and posts to repair the fence if Johnson would do the work, but he would not let Renauld help because of the previous disagreement between the two.

At the mention of his son's name, Stapf said, Johnson's manner changed, and he bitterly assailed the youth. Johnson demanded to know why Renauld was not in the army, Stapf continued, and. said he would see to It that the Stapf ' youth ‘and two others around here’  went into service ‘because they are no better than my two boys.”

Stapf said in his weakened state of health, Johnson's vitriolic attack upon his son caused him to cry. He testified that through tear-filled eyes he suddenly saw Johnson advancing toward him with a knife. Drawing a revolver from his coat pocket, Stapf said, he fired, and Johnson fell at the first shot. "Then, because it was like it was all a dream," said the undertaker, "’I fired several more shots’."

On Friday July 7, 1944 after deliberating for more than five hours, the jury convicted Stapf of manslaughter and sentenced him to two years in prison.

The defense immediately requested a new trial for Stapf, but that motion was denied by Judge Parker.  Stapf was granted a 60 day stay of his two year prison sentence in order to file an appeal.  His bond was fixed at $2,000.00.

On December 12, 1944 while still awaiting his appeal, Stapf took his own life by shooting himself with a 32-caliber pistol.  It was reported that Stapf’s actions were the result of worrying over the recent death of his son-in-law Arthur Mtchell, Jr – a partner in the funeral home.

Thurman Johnson left behind a wife and six children.  His funeral was under the direction of the Carmen Funeral Home in Russell, Kentucky and he is buried at the Liberty Cemetery in Greenup. 

Stapf is buried alongside his parents and sibling at the Woodland Cemetery in Ironton, Ohio.  As for the charges against Stapf’s son Renauld, I was unable to find any more information.