Recently one of my cousins died – got my attention. I am the youngest of 25 grandchildren on my paternal grandfather’s side. I have grown up with a bunch of storytellers. So many colourful characters, so much hillbilly culture, rural warmth and shenanigans. As time marches on, many of these storytellers are no longer with us – and neither are their stories. This loss of the stories that help us understand our roots is sad. Trying to reclaim a story or two, I am having discussions with my siblings, my cousins and neighbours, asking for their recollections of memories that I have heard but needed help with some of the details. The following story was told to me by my cousin, Margie Lou, about her father (my uncle), Dick Thayer. Dick had a VERY interesting life – serving time as a POW of WWII, elected sheriff and then mayor of my family’s home county and more. Margie Lou retells this story to me as her father told it to her. Some of the details can be verified on the internet but some of the information can not be verified and remains a recollection of the individuals involved, as they remember them.
I intend to put the family stories in a separate section of this blog but February is Black History month and hopefully this story will remind readers of the unfair treatment blacks have received for decades and spark a change. It certainly has affected me and Dick’s family.
Setting for the story begins in Indianapolis, Indiana, in the late 1940’s. Civil rights movements were trying to make progress across the U.S. and this was true for Indianapolis as well. There were several individuals, both white and Black, who were organizing in an attempt to improve the lives of Blacks living in Indiana. During this time, it was reported that friendships developed amongst all the individuals in this organization, whether Black or white. Some of these friendships led to sexual relationships as well. These mixed-race relationships were not approved or understood by most Americans and therefore had to be hidden, at all costs.
In November, 1947, a married woman, Mary Lois Burney was found dead in her home, by her husband, on the east side of Indianapolis. She had been killed by a shotgun wound to the left side of her face. As the recorded testimony will verify, Mary Lois’ husband, testified that on the day of the murder, he had joined his wife for breakfast and when he left for work in the morning, his wife was wearing her night clothing and robe. Upon his return from his day at work, he parked his vehicle in the garage and found the back door locked. According to the testimony, he proceeded to the front door and found the screen door unlatched and the interior door ajar. He then proceeded to go get a neighbour to accompany him into the house, where Mary Lois was discovered dead, wearing the same clothes as when he last saw her. A few hours after the discovery of Mary Lois’ body, a young Black man who was in police custody already, was charged with her murder. His name was Robert Watts.
According Dick and Margie’s story, Mary Lois had been one of the women that had been involved in the civil rights movement actions. The connection between Mary Lois and Watts is unclear. The court records indicate that Watts worked for the city and that he drove a large truck delivering asphalt around and about the location of the Burney home.
Court records indicate that upon his initial arrest for the murder, Watts was put into solitary confinement in a portion of the jail referred to ‘the hole’. The court records state that Watts was then interrogated by a rotating shift of police officers/detectives for six days until Watts finally confessed to the murder. In contrast to this recorded testimony, Watts conveyed to Dick that he was held in solitary confinement and then received a fierce daily beating by police personnel in which the yelling/screaming of Watts and other officers could be heard by other inmates. Watts conveyed to Dick that his confession was only a means to end the misery and life-crushing beatings that he was receiving. Both the court records and Dick’s story state that Watts never received any opportunity to talk to legal representatives, never received any opportunity to have any communication at all outside of the officers that beat him daily.
Once the initial confession was acquired, Watts was tried for murder in early 1948, having asked for a change of location to Shelby County. He was convicted and sentenced to death. Later in 1948 the Indiana Supreme Court denied Watts’ request for a new trial. This story was getting a lot of media attention – especially in Indiana. As a result of that attention, the NAACP got involved and took up Watt’s defense and took his conviction to the U.S. Supreme Court. In June, 1949, the U.S. Supreme Court determined that Watts was not given a fair trial, he had not been given the right to legal counsel, and there had not been a fair representative jury (not enough Blacks) and it was determined that the confession was given as a means of coercion rather than voluntarily. The media attention became greater – especially with the move to the U.S. Supreme Court and the involvement of the NAACP. Watts was granted the right to a new trial. Another change of venue was requested and Bartholomew County was the new location. Should be noted here that there were no Blacks on the Bartholomew County jury but since the population of the county had very few, if any, counted Black residents, the all-white jury represented the county adequately. Near the end of 1949, Watts was transferred to Bartholomew County jail and put in the custody of Dick, the sheriff of Bartholomew County.
At this time, the sheriff and his family lived in the jailhouse. Hard to believe but that is true! Dick was married to Evelyn Miller, lovingly referred to as Ebby. They also had their first-born child at the time, Cousin Gordie. Gordie was about 2-1/2 years old at this time. Dick was not the usual sheriff – especially considering how restrictive current law enforcement policies and procedures are. He didn’t ever use restraints. He was an intimidating man on his own – didn’t need the use of guns or handcuffs. He had them but they just weren’t used. (Maybe his reluctance to use these types of restraints was a result of being a POW in WWII.) Dick was taught by his parents and instilled in his children that no person is to ever be mistreated – even in law enforcement. Though Bartholomew County jail was a small jail, there were still a fair number of hard-core criminals that came in and out of Dick’s custody.
Sheriff Dick Thayer with Robert Watts, during Watts’ murder trial in 1950.
Ebby played a contributing role in the sheriff’s position too. She served as cook for the inmates which is quite funny as the whole community and family knew that Ebby was a terrible cook! But what she lacked in cooking skills, she made up for with her kind heart, her charming personality and her compassion for others. Margie commented that people loved to get picked up or arrested and brought to the jail because of Dick and Ebby. Ebby always had coffee and doughnuts and if the convict played a musical instrument, Ebby tried to find one for the convict to play!
When Watts was delivered to Uncle Dick’s custody, Ebby was also present. She described it as “just awful”. The escorting officers suggested to Dick that “you can trip or fall or something and give us an excuse to kill him now if you want”. Dick promptly replied that they could leave and that “Watts is in my custody now.” Watts was wearing a filthy t-shirt, torn dirty pants and was completely shackled with chains – his wrists, his waist and his ankles. The first thing that Dick did was remove the chains and show him to his cell. In the next few days, Dick, Ebby and Gordie became familiar with Watts. So familiar in fact that before long, Dick was having conversations with Watts about his life and his current circumstances. Dick was aware of what the newspapers had reported but based on Dick’s gut instincts, he was having trouble believing that Watts could have committed murder. In the conversations, Dick became convinced that Watts was innocent of murder. Watts admitted to Dick that he had stolen a few cars but added that he had never committed murder or physically hurt anyone or anything close.
Dick described Watts as a young man, mid-twenties and uneducated, simple – maybe not even able to read and write well. Based on this information, it is easier to understand how Watts would not have known to ask for a lawyer or the right to call a family member, let alone fight back against the daily beatings that he was receiving for six days. Blacks at this time were persecuted and viewed as far less than a white person. Blacks were fearful, intimidated and were therefore hesitant to protest or contradict anything that a white person would say.
In the recorded court testimony, there is mention of a woman in the vicinity where Watts worked, who claimed that she was raped and at one point Watts was charged with rape but the case was not pursued in light of the murder conviction. Dick had learned of this woman and knew that it was part of the evidence against Watts and by now Dick was trying to do everything that he could to help Watts. They had become friends – so friendly in fact that Cousin Gordie and Watts had become buddies. Dick and Ebby would even unlock Watts cell and let Gordie in the cell with him, along with his tricycle! Gordie would spend as much time as he could, playing with Watts. Watts even taught Gordie how to count and taught him many nursery rhyme songs.
Several times a week Dick would take the information that he had gleaned from his discussions with Watts and deliver it to Watts’ court-appointed lawyer, Lew Sharpnack. Dick explained to Sharpnack that the testimony of the woman who alleged rape against Watts had to be discredited. Dick said that when he asked Watts about this woman, Watts readily admitted knowing her and added that he had often had consensual sex with her. Watts described the woman in detail to Dick, telling him that she had had a hysterectomy and described her scar in great detail. Told Dick of every freckle and mole that the woman had and details that only someone who had been having relations with her would know.
Another area of strong evidence against Watts was the discovery of the murder weapon. There had been a picture in the Indianapolis paper that showed Watts in a rural Indiana field, pointing to the ground. The caption and article that accompanied the photo stated that Watts had directed the police to the gun in this particular field. Dick asked Watts about the picture. Watts had never seen the photo but admitted being taken to the field. Watts explained that the police had directed him to get in the car, which he did. Watts continued his story, stating that they then picked up a man with a camera and they were taken to the field. Watts was directed to go stand in the field, point to the ground and they were going to take a picture. Dick wanted to follow up on this story of Watts’, so he obtained the photographer’s name and went to visit him. Dick asked him to tell him what happened on the day that the picture was taken. The photographer explained that he was directed to go with the police to take a picture. He was picked up and sat alongside Watts in the back seat of the car. When they arrived at the field, both Watts and the photographer were told to go to the field. The photographer explained that the police told Watts to point to the ground and the photographer was directed, by the police, to take the photo. Dick asked the photographer if Watts had directed the police to the field. The photographer explained that Watts had no idea what was happening – didn’t know where he was being taken any more than the photographer. Dick asked if Watts gave directions. Photographer adamantly said “no”. Dick asked the photographer if he would testify to the events of the day and he agreed. Dick gave all this to Sharpnack as well.
Dick also discovered that the woman that Watts supposedly attempted to rape was a part of the group of white individuals that were involved in the civil rights movement. If a woman was taking part in this kind of activity and it was known, her marriage, her reputation would be destroyed and her life may have even been in danger.
Dick also visited the Marion County jail and got the names of any of the inmates that were in the cells during the time when Watts was being held during his initial six days of custody, where he was beaten daily and kept in ‘the hole’. Dick interviewed several of the men and they admitted quickly and freely that indeed Watts was beaten. The screaming and yelling could be heard clearly and often. There was blood all over the police personnel and it was hard not to see it. All of the inmates that Dick talked to, agreed to testify to the beatings.
All of this information was fed to Sharpnack from Dick.
There were articles in the paper all the time about the Watts trial. One article commented about what a well-dressed man Watts was, trying to discredit Watts any way they could. Ebby said that the media and folks were just shameful. Remembering how Watts was dressed when he arrived to Dick’s jail in his dirty, ripped clothes, Ebby wanted to help Watts look presentable for his trial. She gave Watts one of Dick’s suits which is what he wore to the trial. Ebby and Dick liked this man, couldn’t believe that he was guilty of the murder, though he had been given a death sentence in two trials already. The fact that they allowed their child to play with Watts was clear indication that they believed he was not guilty of murder.
When the trial started, Ebby wanted to go to the trial to support Watts. She had no babysitter so she took Gordie with her. Upon their entrance to the courtroom, Gordie saw Watts at the front of the court room and wanted to run up to him so he could be with his buddy. Ebby stopped him from running to Watts and Gordie threw a fit, yelled and screamed that he wanted to go be with Watts and sit on his lap like he did in the jail cell! Watts was Gordie’s buddy! Ebby had to take Gordie from the courtroom and she never went back.
Dick was convinced until his death that Watts never committed the crime. It is Dick’s thought that Lois Burney’s husband should have been a suspect – but he was white! Dick always viewed the husband’s action of going to get a neighbour first to go inside your own home seemed suspicious but there was never any questioning of Watts guilt. There was a Black man to pin the murder on, why look any further.
Another twist to the story is that one of Dick’s cousins (Link Nading) happened to be on the Bartholomew County jury. As the trial was in progress, Dick saw that things weren’t looking good for Watts. Dick said to Ebby that he was going to go see his cousin. He said that he wasn’t “gonna tell him anything, just that he should try to throw the jury”. Ebby begged Dick not to do this, said that she was afraid that Dick’s cousin wouldn’t be able to keep Dick’s visit quiet and would get Dick in trouble and liable to end up in jail with Watts! Dick didn’t make that trip to see his cousin. Watts was convicted – a third time – to death. After the verdict, Dick brought Watts back to the jail, no handcuffs, no restraints of any kind. They walked into the jail, side by side, to find Ebby there. Ebby asked, “what did you get?”. Watts replied, “Oh Mrs. Thayer, they gave me the chair again.”. Ebby disappointed, replied, “Well, hell, let’s put some coffee on and have some donuts.” Quite a response but what are you going to do or say?
After the conviction, but before Watts’ execution, Watts was still in Dick’s custody. It was hard for Dick not to think about Watts, knowing that his conviction wasn’t fair and that his life was about to be taken. Suddenly Dick wondered to himself, what if he were Watts? What would he do? He’d be desperate, wouldn’t he? How desperate? Dick let his mind go to the worst-case scenario. If Dick were Watts, he would take Gordie and hold him as a ransom in his cell, telling Dick that he would kill Gordie if Dick didn’t let Watts go. With this crazy thought in his head, Dick immediately and with panic, ran into the jail and saw Ebby. Dick asked Ebby quickly and in a panic, “where’s Gordie?”. Ebby replied with surprise, “what d’ya mean? He’s back with Watts, like he always is”. Dick grabbed a rifle, walked back to the cell, as calmly as he could, considering the thoughts that were going through Dick’s mind. Dick leaned the rifle against an adjacent cell, and looked in the cell and there was Gordie, as usual, playing with his buddy Watts. Watts looked up when Dick arrived at his cell. Dick said, “Watts, I’m gonna open this door and when I open the door, I want you to give me Gordie.” Confused at first, Watts looked at Dick and Watts slowly seemed to understand what was happening. Watts replied, “Oh Dick, I would never hurt him. I would never hurt him.” Watts handed Gordie over to Dick and Dick apologized and added, “I’m sorry but I think that I would do something like that if I were you.” Watts continued to confirm that he would never hurt Gordie. Dick felt some shame for having those thoughts but Dick knew how men reacted when they were desperate. Again, knowledge gained from being a POW.
Dick had to transport Watts to Michigan City, Indiana for his execution. Dick left the jail early in order to miss all the possibility of press coverage. Dick let Watts out of his cell and they both walked to the car. They both sat in the front seat! Completely unrestrained, no handcuffs, no nothing. No one else accompanied them. Upon their arrival to Michigan City, Dick left Watts in the car alone, completely unrestrained as Dick goes inside to report that they have arrived. The Michigan City authorities said that they were too early, not ready to receive Watts as he was a death row prisoner. Dick said, “that’s all right, I’ll bring him back”, so Dick went back to the car, Watts still there, waiting patiently. Dick explained to Watts that they were too early and the two of them went to a restaurant for breakfast together!!!! As they were going into the restaurant, Dick said, “Watts, I need you to do me a favour. “Watts replied, “yeah, what is it?”. Dick said “Please don’t try to run because I don’t know what I’m gonna do if you run.” Watts replied that he wouldn’t run. They ate breakfast together, no one knew who they were, just two men sitting eating breakfast together. Dick took Watts back to the Michigan City jail and before he delivered Watts to the authorities, Dick explained to Watts that Dick was friends with the warden of Michigan City jail and that if he had any last words or messages that he wanted to convey, just tell the warden and Dick would honour his wishes. The only message from the warden was one of gratitude from Watts to Dick and Ebby, for being so kind to him. And he was executed in January of 1951.
Dick never got over this. After leaving Michigan City jail and heading back to Bartholomew County, Dick went to visit Watts’ attorney’s home, Sharpnack. Dick was greeted at the door by Sharpnack’s wife. Dick said to Mrs. Sharpnack that he would like to see Mr. Sharpnack. She invited Dick in and led him to where her husband was having his dinner. Dick walked in, saw Sharpnack and began to release his anger and frustration, “You sorry son-of-a-bitch! You did nothing for him! I gave you all that information, you didn’t defend him, you didn’t give a damn! You might as well have put a gun to his head yourself! You are going to hell! I am sure that you will go to hell for this!” Sharpnack stood and ordered Dick to leave his house. Mrs. Sharpnack, who had been listening, stopped and said, “No – you listen to him.” Dick continued to scream and yell at Sharpnack for his lack of fair representation for Watts. But it didn’t matter. It was too late. The irreparable damage was done.
About six months before Dick’s death, the former reporter of the Columbus Republic newspaper, Harry McCawley, contacted Dick and explained that he was writing an article about the Watts trial - maybe an anniversary of the event or something. Harry asked Dick questions about the events that occurred and Dick got very emotional, squalling and crying so badly that Dick had to turn the phone over to Margie. Harry explained to Margie that he didn’t mean to upset Dick and Margie explained that the Watts trial and execution had been a huge issue for Dick – hard to come to terms with such injustice and whether or not Dick ‘did enough’. Margie then had a conversation with Dick and asked what was causing so much emotion and Dick said, “I just don’t think that I did enough for him. I just didn’t do enough.” Margie asked, “what else could you have done?” Dick wasn’t sure – he wondered out loud, maybe he should have let Watts escape, maybe he should have talked to his cousin that had been on the jury, anything! He just didn’t think that he done enough for Watts.
Dick died a few months after the phone call from Harry McCawley and his discussion with Margie. Margie, Gordie and brother, Tim was sitting in the kitchen drinking a coffee, hours after Dick died and Margie asked, “after the family, who in heaven do you think that Dad will look for?”. It was unanimous – “He’ll look for Watts and Dongel”. You may wonder “who is Dongel?”. That’s for a future story!