The Harve Burton Case:
From a Killing in Elliott County to the Electric Chair at Eddyville (1932–1933)
A few week ago, I posted this blog. Afterward, I was contacted by a relative of Mr. Burton informing me that some of the information was incorrect.
So here is the corrected version. Information was taken from contemporary newspapers that reveal a far more complex and tragic story. Stories that have been handed down to family, friends and neighbors may vary from the newspaper accounts. But for the sake of being correct, we have to stick with what is documented.
This is the story of Harve Burton of Sandy Hook in Elliott County, KY.
His path from a brutal domestic killing to the electric chair at Eddyville was marked by fear of mob violence, courtroom drama, repeated delays, and deep family suffering.
The Killing
In May 1932, Harve Burton, a farmer from the Newfoundland section of Elliott County, invited his estranged wife, Virgie, back to their home near Sandy Hook. The couple had been experiencing marital troubles and had separated, but she returned at his request. The next morning, while Virgie worked in the garden, Burton attacked her. The assault was fatal, leaving six children without their mother. Newspapers described the killing as exceptionally brutal, and the community’s outrage was immediate.
Fear of Mob Violence
Word spread quickly through Elliott County, and armed men began searching for Burton. Authorities feared lynching. Burton, aware of the danger, surrendered voluntarily at Sandy Hook while a posse of about twenty-five men scoured the countryside. Disguised in dark glasses, he was transported to Morehead and placed in the Rowan County jail for safekeeping. Reports noted that Burton himself requested removal from Elliott County, fearing for his life. This decision shaped the early handling of the case, keeping him away from the volatile atmosphere of his home county.
Questions of Sanity and Past Violence
During his early custody, Burton’s mental state became a subject of speculation. Some accounts described him as calm, while others hinted at instability. He had recently received medical treatment in Morehead, though details were vague. Newspapers also recalled that Burton had once been tried for murder years earlier, though he had received only a minor penalty. The shadow of that earlier case lingered in the public mind.
Indictment and Trial
By July 1932, authorities believed tensions had cooled enough to return Burton to Elliott County. He was indicted by a grand jury and brought back to Sandy Hook for trial. Though defense attorneys considered seeking a change of venue due to lingering hostility, the trial proceeded in Elliott Circuit Court under Judge Wolfford of Grayson. The jury faced two options: life imprisonment or death. After deliberation, they found Burton guilty and fixed his punishment at death.
A Desperate Act
Moments after hearing the verdict, Burton attempted suicide in his jail cell. He slashed his throat with a razor blade, but the blade broke before inflicting a fatal wound. He was treated and survived. Jailers confiscated additional blades, and Burton was kept under close watch. Reports later described him as calm, even resigned, as he awaited sentencing.
Sentencing and Appeals
On July 21, 1932, Judge Wolfford formally sentenced Burton to die in the electric chair on September 30. He was transferred to the Western State Penitentiary at Eddyville. But the execution did not take place. Burton appealed his conviction to the Kentucky Court of Appeals. When his original attorney withdrew, the court appointed Frankfort lawyers Samuel M. Rosenstein and Leland Logan to handle the case. The appeal delayed the execution, and Burton remained on death row through late 1932 and into 1933. On April 19, 1933, the Court of Appeals affirmed the conviction, and Governor Ruby Laffoon was authorized to set a new date. Burton’s legal remedies were exhausted.
Confusion and Delay
The months that followed were marked by confusion and heartbreak. Governor Laffoon issued multiple stays of execution, sometimes indefinite, sometimes postponing to a later date. Orders often failed to reach Eddyville in time, leaving Burton’s family in limbo. Living in isolated parts of Elliott County without telephones, telegraphs, or railroads, they were repeatedly left uninformed. Funeral services were planned, a grave was dug, pallbearers and preachers were chosen, and Burton’s daughter even traveled to Morehead to arrange for the body’s return. More than once, the family learned only afterward that the execution had been postponed. The cycle of preparation and disappointment deepened their suffering.
The Execution
Finally, in the early hours of November 10, 1933, Harve Burton’s fate was sealed. He was executed in the electric chair at Eddyville, alongside Walter Dewberry of Hardin County, who was convicted in an unrelated murder. Dewberry went first. Burton entered the death chamber praying, and at 12:25 a.m. he was pronounced dead. Accounts varied on his age, placing him somewhere between his late forties and mid-fifties.
Aftermath
The Burton family’s tragedy did not end with Harve’s death. In October 1932, his adult son Cecil had suffered a horrific accident, losing his leg to a circular saw. Newspapers noted that Cecil was the son of both the convicted man and the murdered woman—a grim reminder of how deeply the crime had scarred the family.
Conclusion
Correcting the record does not excuse the crime, but it restores historical truth to a story long misremembered.
Sources
All information in this article is drawn from contemporaneous newspaper reporting:
1932
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Carter County Herald (May 12, 1932)
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State Journal, Frankfort (May 12, July 12, 1932)
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Lexington Herald (May 12, July 14, Sept. 29, 1932)
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Rowan County News (May 12, July 14, 1932)
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Paintsville Herald (May 19, July 28, 1932)
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Owensboro Messenger / Messenger-Inquirer (July 12, Oct. 25, 1932)
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Advocate-Messenger, Danville (July 13, 1932)
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Louisville Courier-Journal (July 22, 1932)
1933
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Paducah Sun (April 19; Oct. 30; Nov. 10, 1933)
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Winchester Sun (Oct. 30, 1933)
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Big Sandy News (Nov. 3, 1933)
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Lexington Herald (Nov. 8–9, 1933)
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Paintsville Herald (Nov. 9, 1933)
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Waco News-Tribune (Nov. 11, 1933)
