Mysteriously Murdered

 A lot of times when I post one of  these blogs, someone will read it and it will remind them of a similar situation or case. So they will contact me and tell me about their case or ask me to see what I can find.  And I love it. I love researching history, particularly old crimes. 

Such is the case with this one.  I posted a blog about another historic crime. Larry Cheek read it. And in return, he told me about a crime the crime that I'm about to cover. And up until then I was not aware of it, even though it was a horrible crime. So thank you, Larry.

So let's jump right in to "Mysteriously Murdered."

Headline from the Messenger in Madisonville, KY, March 4, 1955.

It was Thursday afternoon, March 3, 1955. Chris Smith came home from a visit to Manchester. What he found when he got to his home on Little Goose Creek  was something so horrific that it sounds like something from a horror movie - he found his four children, three boys and one girl, all had been murdered with a shotgun. They all had been shot in the head.  The victims, ranging from 25 to 39 years of age, were identified as Leonard, George, Chester, and Venice Burns Smith.

One son and the daughter were sitting upright at the dinner  table in the kitchen. A meal had been prepared and the table was set  but the food had not been touched.  The other two sons were found in the bedroom. One was sitting on the bed in an upright position and the other had fallen against the bed from a bench.

There was no sign of a struggle and no motive for the shooting, which occurred sometime between noon and 2:30 P.M.

Photos of the bodies as they were found. Clipped from the Lexington Herald, Lexington, KY
March 6, 1955.

Troy Ernest Smith, a younger brother of the victims, told authorities that Walter Cupp and Reuben Hibbard, both of Portersburg, a community about a mile from the scene, were at the Smith home when he left there at 10:00 A.M. He stated there had been no trouble up to that time. Hibbard was a brother-in-law of the victims.

Jailer Matt Sizemore stated that the victims' mother was at Hibbard's home visiting her daughter at the time of the slayings.

Cupp and Hibbard both were arrested and charged with the murders. According to Kentucky State Police Detective Walter Woods, there was evidence of considerable drinking at the home, and that a passerby reported seeing Hibbard and Cupp leaving the area of the Smith home shortly before the bodies were found. 

Reuben Hibbard and Walter Cupp
clipped from the Lexington Herald, Lexington, KY
March 6, 1955. I colorized the photos.

Two days after the shooting, suspect Reuben Hibbard (also seen the spelling as Rubin) voluntarily took a lie detector test. The results were not released at the time.  Hibbard asserted in a statement that he had been at the shooting scene but left before any shots were fired. He stated that he went into a bedroom where he saw Cupp and the girl sitting on the bed.  Cupp, according to Hibbard, ordered him to leave the room. 

According to Hibbard, George Smith told Cupp three times to leave the house. Smith then took a high powered rifle from a rack in a bedroom but Hibbard took the gun from Smith and put it on a bed.

Hibbard stated that he went to the kitchen, picked up some groceries the girl had brought from a nearby store, and left. He said that he had been in the Smith home for about four hours.

  Hibbard went on to say that about three-fourths of a mile down the road he met Chris Smith, the father of the victims. He said he told Smith "You'd better hurry and get there; it looks like there's going to be trouble."  

 The other suspect, Walter Cupp, remained silent and refused to answer questions or make a statement about his activities.

That same day, more than 200 people attended the funeral service for  the victims, who were buried  in the Cupp Cemetery at Urban, Kentucky.

The examining trial was set for Monday, March 7, 1955. Several hundred people,  tried to find seats in the courtroom but there wasn't enough room to accommodate the crowd which was estimated to be "at least a thousand." But most left when they learned the examining trial was being postponed until the following day. The court of inquiry was held behind closed doors.

Commonwealth Attorney Garfield Drinnon stated that he would not ask for a special session of the grand jury to investigate the slayings, stating that the court of inquiry had served that purpose. He said the men would go before the May grand jury and would be held without bond. 

In an interview, the victims father, Chris Smith, sobbed openly. He said "none of my family has ever been in trouble. Since the killing I've not been back. I am afraid they will kill me. There will be more trouble and probably my home burned."  He went on to add "I've been staying with neighbors in my community, afraid the rest of my family would be killed. It ain't that I'm afraid of my life, but for my family."  He also added "I can't stand going back to that house and I ain't ever going back there again.  I hope the one that did it will burn, but I'm going to let the Good Lord settle it. Lord, help me. I can't stand it."

Smith expressed an opinion that the weapon used was an automatic shotgun that he kept at the house. He told reporters that when he left home last Thursday the gun was there and that it contained five shells. Four empty shells were found in the house, but the weapon had not been found, according to officials.

The next day at the examining trial before Judge Charles H. White, both Hibbard and Cupp were held to the May term of the Clay County grand jury without bond. Neither man testified at the hearing and only four witnesses were heard according to Sheriff Daniel Davidson. About 800 people filled the courtroom to hear the Commonwealth offer three witnesses.

The father, Chris Smith, said he met Hibbard "just outside the house a piece" as he was returning from Manchester.  He said Hibbard, who had asked to borrow his car, apparently had been drinking but did not mention the killings.

"When I got home the door was open about two feet", Smith testified. "I looked and saw George lying down in the floor with his head about blown off.  When I saw this terrible sight I broke and run for help."  

Smith said there had been no previous trouble between him and Hibbard and he didn't believe Hibbard would harm the Smith family in any way.

Troy Smith, the victims' brother, said Hibbard and Cupp were drinking when he left the Smith home that Thursday.  He stated that Hibbard told him "George is shot and they're laying it on me and Cupp."  Smith also stated that there was a jug of liquor sitting on the floor but that his brothers and sister did not touch it.

The only witness the defense called was Albert Rich, who said he took Chris to Manchester to get his car fixed.  Rich testified that he later met Hibbard and Hibbard told him "you out to have been there and saw that fight a while ago. You should have seen Shorty (George Smith)...."

Rich testified "I told Reuben 'you all wouldn't fight a flea.'"

On Tuesday, May 3, 1955 both Walter Cupp and Reuben Hibbard, were each indicted for four counts of murder.  Clay Circuit Judge Billie Dixon denied bond for both men, and set the trial for May 23, 1955.

Cupp was represented by former county judge Attorney John Lyttle.  Hibbard was represented by former assistant attorney general Roy House and former judge Franklin P. Stivers.  The prosecution would be handled by commonwealth's attorney Garfield R. Drinnon and Charles C. Smith.   Circuit Judge Ray C. Lewis would preside over the trial.

On Monday May 23, 1955, the jury of ten men and two women was chosen; and the trial got underway.  During Monday's proceedings, the murder charges against Reuben Hibbard were dropped in a surprise move by Commonwealth Attorney Garfield Drinnon. Drinnon said that an investigation had produced no evidence against Hibbard. However, Hibbard would become the prosecution's star witness and therefore would be remanded to jail for protective custody. 

Headline from the Lexington Leader, Lexington, KY, May 24, 1955. Headline is referring to the charges being dropped against Reuben Hibbard.

So it was now just Walter Cupp on trial , this time for the murder of Miss Smith.  The trials for the murder of the other victims would take place at a later date.

During this trial, the prosecution called four witnesses, including two members of the victims' family.

The first witness was the 70 year old father of the victims, Chris Smith.  He testified that he met Hibbard while returning from a trip to Manchester on the day of the shooting.  He said Hibbard asked to use his car and he refused because Hibbard was "about two-thirds drunk."  

The elder Smith told of entering the house and finding the bodies. He said he noticed that one of the three guns he owned, an automatic shotgun, was missing from the house.

Troy Smith, the younger brother of the victims, testified that he had been in the cabin  that day and he found both Cupp and Hibbard there with his brothers and sister. He said they were all drinking from a bottle of whiskey on the floor of the cabin. He also  testified that all three of his father's guns were in the house when he left.

Two other witnesses, Mary Lee Allen (16) and Daisy Pearl Bowling (11), students at the Urban School testified they saw Cupp pass the school on the morning of the shooting. They stated that he was headed in the direction of the Smith residence.

The trial continued the next day, Tuesday May 24, 1955.  It was then as Commonwealth Attorney Garfield Drinnon was summing up the case, he was interrupted by a youth who shouted "You're not telling that right! Let me tell it!"  The youth was arrested and was identified as 19 year old Clarence Benge.

Cupp denied firing the shots that killed the Smiths but admitted that he had been in their home earlier that day. He said that he left around 11:00 A.M. for Kincaid, a nearby community and then visited a brother.

Reuben Hibbard testified that an argument developed between Cupp and George Smith over  Cupp's attentions to his sister, Venice.  Hibbard claimed that he left the house around 3:00 P.M. and that Cupp was still there.  Hibbard stated "after I got about 300 feet down the road, I heard four or five shotgun shots."  

Under cross examination, Hibbard said he had remained silent about the shots because he was afraid "Cupp would kill me."

 And after deliberating for more than 30 minutes that evening, the jury reported they were unable to reach a verdict.  Judge Dixon  then instructed the panel to return at 9:00 A.M. the next day and resume deliberations.

The very next day, Wednesday, May 25, 1955, the jury deadlocked. It had resumed deliberations that morning, but reported an hour later it could not agree. Judge Dixon then instructed them again to try again.  But at noon they still were deadlocked.  So the judge dismissed the jury and said he would set a new trial date for Cupp.

Headline from the Kentucky Post And Times-Star
Covington, KY, September 16, 1955.

Defense attorneys stated that they would ask the Clay County Circuit Court to set a reasonable bond for Cupp the next day.  Judge Dixon said resetting of the trial would depend on the outcome of  the defense's request.

Commonwealth Attorney Garfield Drinnon said he would recommend that Cupp be held without bond, stating "I'm more convinced than ever that Cupp is the man who killed the Smiths."

Cupp ended up being held without bond, and on September 6, 1955 a trial date was set for 

September 14, 1955.

On September 13, 1955 Circuit Judge Billie Dixon ordered a jury from nearby Knox County to hear the trial of Cupp.  Judge Dixon asked the Knox County  Sheriff to summon 75 prospective jurors for the trial, which was scheduled to start the next day.

Acting Commonwealth Attorney Roy House asked for an outside jury because the last trial was attended by overflow crowds, was too widely publicized, and the defendant has a "long string of relatives" in Clay County. House stated that a "Clay County jury would be made afraid to render a fair and impartial verdict because  lawlessness exists in Urban where the slayings happened..."

Just as planned, on the following day, September 14, 1955, the trial got underway.  The courthouse was jammed and the halls were crowded when the trial got underway around 11:00 A.M. 

 Once again, the prosecution introduced a surprise witness, Ida Mae Benge. Mrs. Benge had not testified in the previous trial.   During her testimony in which she broke down and sobbed, Benge testified that she "felt sure" she saw Cupp leave the Smith home around 5:00 P.M. on the day of the murders. She stated that he left the Smith home and go toward the community of Benge in Portersburg.

During the trial Cupp appeared nervous at times, but later told reporters, quote, "I'm not a bit scared of what the jury will do. I didn't kill the Smiths and I aint got a thing to worry about."

Acting Commonwealth's attorney Roy W. House stated that he would prove that the motive for the slayings was Cupp's desire for sexual relations with Venice Smith.

Others who testified that day were Chris Smith, father of the victims and Troy Smith, the brother of the victims, Reuben Hibbard, and Detective Woods.

Chris Smith told of told of finding the bodies, as he wiped his eyes with a handkerchief.  He also said that he found his 30-30 rifle and his 12-gauge shotgun in the house but that his automatic shotgun, which was believed to be the murder weapon, was missing.

Troy Smith said that he left his home on t he morning of the slayings after having a few drinks of moonshine from a gallon jug with Cupp, Hibbard, and two of his brothers.  

Hibbard said he was at the Smith home but left around 3:00 P.M., leaving Cupp at the Smith home.  He stated that Cupp and George Smith had argued over Cupp's attention to Venice Smith.  He said that after Venice returned from a store, Cupp went into a bedroom with her.  Hibbard said he went into the room and that Cupp ordered him away, saying he (Cupp) intended to have relations with the girl.

Hibbard went on to testify that as he was walking a short distance from the Smith home he heard "four or five" shots from a shotgun.

Detective Woods told of his investigation of the case and said the two weapons found in the  house had not been fired for "two or three days" before the slayings. He said he believed the missing gun was the one used to kill the Smith family.

Testimony from an FBI agent from the first trial was read as was a previous testimony from Rev. James Clark, a teacher in the Urban School at the time of the slayings. Rev. Clark had recently undergone an operation and was unable to appear in court.

With that, the court was adjourned until 9:00 A.M. the next day.

The next day, the trial reconvened with Cupp being the principal witness of the day. 

Cupp testified  that he went to the Smith home around 9:00 A.M. on the day of the quadruple murder to buy a pint of moonshine. He said that in addition to the Smiths, Reuben Hibbard was present.

According to Cupp, Hibbard and George "Shorty" Smith got into an argument over $11.05 which Hibbard claimed Smith owed him. Cupp admitted to having "a couple" of drinks of moonshine with the others from the jug on the floor.

Cupp claimed that he bought a pint of moonshine from George Smith and left the house around 10:00 A.M. and that Hibbard and Smith were still arguing when he went out.

Cupp said that  he proceeded to the home of John Bowling where he had lunch and then helped Bowling repair a fence.  From there he went to the home of his brother Ben Cupp where he fed some cattle and had dinner.  He then went to the home of Clarence Spence to spend the night.

Minnie Mae Smith, 17, testified that she had heard Hibbard threaten to kill "Shorty" Smith about two weeks before the slaying while she was staying at the Hibbard home. She said Hibbard told his wife, "I know that Shorty took my $11.05. If he don't give it back, I'm going to blow his brains out."

Albert Rich, 27, testified that one of his activities on the day of the murders was flying a kite. Rich stated that he accompanied Chris Smith, the victims' father, to Manchester that morning. Smith had his car fixed and that he himself had purchased a kite.

Returning to Urban, Rich said Smith got out of the car and walked the quarter of a mile to the Smith home, while he went into a field and started flying his new kite.  He stated that  while he was flying the kite, Hibbard walked up and offered him a drink of moonshine.  He said  that both took a drink and Hibbard told him "You ought to have been t here and seen that fight a while ago. You should have seen Shorty - I messed him up."

Rich responded to Hibbard "I don't believe a word of it, because you wouldn't fight a flea."  Hibbard returned to the stand and denied that he had spoken about any fight to rich.  

Detective Walter Woods also returned to the stand. It was Woods that  had arrested Cupp the night of the slayings at Spence's home.  Woods stated that when he entered the house, Cupp said "Walter, I guess you're looking for me." Woods then asked Cupp what he had done with the gun. Woods said that Cupp responded "I don't know a damn [thing] about any gun."

In closing for the state, acting Commonwealth Attorney Roy House asked the jury to return the death penalty against Cupp.

The jurors deliberated for three hours before acquitting Cupp of the murder of Venice Smith.

Cupp was now cleared of one of the four murder charges. He still faced murder charges for the other three victims.  No trial date had been set for those  trials, so Cupp was returned to jail without bond pending the outcome of those trials. The next day, the trial date for the other three murders was scheduled for October 5, 1955.

Although scheduled for October 5, 1955, the trial actually did not get underway until two days later, October 7, 1955. This time a jury from Madison County was hearing the case.   Detective Woods said that new witnesses and evidence would be presented during this trial.

Just as it was in the previous two trials, as "surprise" witness appeared to testify in this trial as well.  Earl Gregory, 22, told the court that he met Cupp near the Smith home on the day of the slayings. He said Cupp told about going to the Smith's home to buy moonshine and had trouble with them. Gregory stated that he had been away and therefore unable to testify at the previous trials. 

The trial continued the next day. Cupp again gave the same testimony as in the previous trial, almost word for word.   At the conclusion, the all male jury deliberated for an hour and a half before acquitting Cupp of the murder of Leonard Smith.

Headline from the Lexington Herald, Lexington, KY
October 9, 1955.

After the verdict, Judge Billie Dixon told Cupp, "I don't know if any jury will ever point the finger of guilty at the person who committed this heinous crime against the Smith family, but there is still an all-seeing , ever-present just God waiting to render a righteous judgement agains the person who committed that terrible crime. Before God there can be no denying of this crime. I'd hate to meet my God with this kind of a crime against me."

Chris Smith, the victims' father asked that Cupp be placed under peace bond, saying that he was afraid of him. State's attorney Roy House told the judge there was not sufficient proof to place Cupp under peace bond.

Then Judge Dixon sternly warned Cupp, "If I ever hear of you doing anything or getting into trouble or on suspicion, I'm going to bring you back to jail, see that you stand trial on the other two slayings, and keep you in jail as long as the law will permit me." Judge Dixon  said that Cupp would be tried on the two remaining murder counts IF new evidence is presented.  Cupp was released on a $35,000 bond on each of the other two deaths.

And this is where it ended as far as I can tell. I'm assuming no new evidence was ever presented because I found no record of Cupp being tried for the other two murders.  Larry Cheek, who told me about the case, said that no one was ever charged in the murders. So I'm assuming that the second acquittal was the end of it all.   The only other mention of Cupp that I could find was his obituary from May 1996. 

As a personal note, I thoroughly enjoyed researching this case.  And based solely on the newspaper reports, I can see why both men were acquitted. There were too many inconsistencies in the testimonies from the prosecution side, especially in the  testimonies of the victims' brother Troy.  And Chris initially said that he saw the bodies and ran for help, but then later stated that he noticed a missing gun. So did he run for help or did he look for a gun?  There were just too many inconsistencies.

Most likely no one but the perpetrator and God will ever know exactly what happened that day, other than 4 people were brutally murdered in  the prime of their lives.