Murder of Frank McKennon
Location: Guthrie, Oklahoma Territory, United States
Surnames/tags: mckennon beall
Memphis Weekly Commercial, 11 January 1893[1]
It Was Cold-Blooded Murder. Marked Honors Shown to the Memory of Lawyer McKennon of Guthrie. Guthrie, O.T., Jan. 7.--The remains of F. R. McKennon, the murdered lawyer, were shipped to Clarksville, Ark., this afternoon, being escorted to the train by Gov. Seay, the judges of the Supreme Court, United States judges, territorial and local bar associations, the band and the board of trade, 200 strong. The city is still greatly excited, but talk of lynching has all subsided. Beal, the slayer of McKinnon, stated to a reporter today that McKinnon made a move to draw a pistol and he shot in self-defense, but that statement is wholly false, for the writer was an eye witness of the shooting, and McKinnon was not only unarmed, but did not make any movement whatever and was shot down in cold blood.
Our Brother in Red, 19 January 1893[2]
F. R. McKennon, a prominent lawyer of Guthrie, O.T., was foully murdered on the open streets in broad daylight on the fifth of this month by F. M. Beall, a former law partner of McKennon's. The killing is in some way connected with business transactions between the two men. From the testimony we have seen we should judge that Beall was a lunatic. We have known McKennon for more than a score of years, as we knew his father also. He was of good Methodist stock. We are sorry to record his untimely end.
Guthrie Daily Leader, 17 October 1893[3]
Beall Brought Back. He is Reindicted and Lodged in Jail in This City. Fred M. Beall was re-indicted by the grand jury yesterday on the charge of killing F. R. McKennon, in front of Lillie's drug store last spring. A cuplas [?] was at once issued and placed in the hands of Sheriff Painter, who went to Oklahoma City and brought back Beall. He was lodged in the county jail to await trial. The prisoner was transferred to Oklahoma City on a change of venue. He looks none the worse for his long confinement, save an anxious look in the eyes. He has received good treatment at the hands of the people of Oklahoma City.
Guthrie Daily Leader, 20 October 1893[4]
Cause Celebre, An Attempt to Kidnap Prisoner Beall. Deputy Sheriff VanVoorhees While Trying to Gobble Beall is Himself Gobbled, Sheriff Painter to the Rescue.
The efforts to gain possession of the person of F. M. Beall, charged with the murder of F. R. McKennon in front of Lillie's drug store last spring, took a decidedly new turn Wednesday night when Under Sheriff VanVoorhees, in trying to place Beall under his wing at Oklahoma City, was himself arrested for contempt of Judge Scott's court. ON Wednesday morning County Attorney Huston and Sheriff Painter went to Oklahoma City armed with legal documents and in the district court entered a nolle proseque to the present indictment in order to have Beall dismissed, so that he could be rearrested on a new indictment for murder returned against him by the grand jury.
The grounds upon which Mr. Huston asked for the dismissal were that the first indictment was fatally defective, and in addition that Judge Henry Scott could not try the case as he had been an attorney for prisoner Beall prior to his promotion to the associate judgeship.
Judge Scott refused to enter the nolle on the grounds that no copy of the former indictment was presented by Mr. Huston so that he--the judge--had no evidence before him that the indictment was defective; and furthermore if he, by reason of having been one of Beall's attorneys, could not sit as judge in the trial of the case, neither was he competent to decide this matter--so he would allow matters to remain as they are until either Judge Dale or Judge Burford could take his place as trial judge. Judge Scott remarked at the same time that he had made arrangements with Judge Dale to change districts with him a couple of weeks and that it was probable Beall would be tried by Judge Dale. Judge Reddick represented Beall, and according to all statements made a strong showing for his client.
Attorney Huston, naturally, was displeased with the result of his visit to Oklahoma City and he returned home. Going to the district clear's office he caused a [capias?] to be issued for Beall. This was placed in the hands of Under Sheriff VanVoorhees, with instructions to secure the body of Prisoner Beall. The officer boarded the train and repaired to Oklahoma City with the avowed purpose of kidnapping Beall. Upon arriving he had no sooner begun to put in motion his object when he was arrested for contempt of court. There the matter hangs. Sheriff Painter rushed down to Oklahoma City yesterday afternoon to attempt to straighten out matters, and it is very probably that he is sharing the same fate as his worthy deputy.
Beall's case was transferred to the Third district from this court several months ago on a change of venue. Subsequently the prisoner was admitted to bail by Judge Clark in the sum on $15,000. Beall's attorneys have thoroughly mapped out their line of defense and the prisoner himself says he feels certain of acquittal if a fair trial is accorded him. At present he is practicing law in Oklahoma City with his father, Colonel Fred Beall.
Whether the prisoner will be brought here on the new indictment is as yet an unknown matter. The return of Sheriff Painter and his deputy, Van Voorhees, is patiently awaited.
Guthrie Daily Leader, 23 January 1894[5]
Was Beall's Bom the Deadly Instrument in the Brooks Building? Was the McKennon in Danger? The Bomb Had Been Used by the Janitor of the Brooks Building to Break Ice - Did Fred M. Beall Make the Bomb? The bomb business, which has created so much talk, has assumed a new phase. It now comes to light that the room in which the missile was found was occupied by F. M. Beall a short time before he murdered McKennon in this city last spring. The bomb was first discovered some weeks ago by the janitor of the building who used to poke the fire and break ice with it. Since the test explosion in the suburbs the janitor won't even look at a section of gas pipe. It is alleged that awful instrument of destruction was made by Beall and that his intention was to blow up the McKennon opera house and offices. Whether this is true or not is of course unknown, but it carries weight enough, however, to cause the attorneys for the prosecution in the murder case to jot the facts to present as certain evidence in the murder trial. There was enough dynamite in the pipe to destroy a block of such structures as the opera house, and after the facts of the murder are reviewed it is not unlikely that Beall made or caused to be made this deadly bomb.
Wichita [Kansas] Daily Eagle, 12 June 1894[6]
Bealle Murder Trial. El Reno, O.T., June 11--The case of the territory against Fred Bealle, on the charge of murder, brought here on a change of venue from Guthrie, began today before Judge McAtee. The charge against Bealle arises from his killing Frank McKennon on the streets of Guthrie a year ago. The case has aroused great interest on account of the wealth of the defendant and the prominence of the deceased. The selection of the jury will likely consume several days. The trial is expected to be very sensational and the opera house is thronged with visitors. Bealle, the defendant, was formerly of Mississippi and with his father has a law office in Washington, D.C.
Guthrie Daily Leader, 14 June 1894[7]
The Beall Murder Trial. The Jury Selected and the Trial Proceeds. Plea of Self-Defense Set Up. By Attorneys for Defendant Beall - A Large Batch of Witnesses Sworn - The Case Attracting Considerable Attention - Witnesses for the Prosecution Testify - Judge McAtee Causes Business to Move Swiftly - Details of the Case.
Special to the Leader.
El Reno, June 14.--The Beall murder case is being rushed along at a swift pace. The selection of a jury was completed last night, and immediately thereafter the attorneys for the prosecution opened the case and began the examination of witnesses. The court room was crowded all of today and intense interest was manifested in the case.
The case was opened by A. Harris Huston who gave a history of the murder and outlined what the prosecution expected to prove.
He said in substance that Fred M. Beall went from Mississippi, his native state, to Guthrie, Okla., about two years ago, and began the practice of law. There he became acquainted with Francis R. McKennon, and shortly afterward formed a law partnership with him. Regarding Beall's action in the case of one of their clients McKennon, he said, became dissatisfied and demanded that Beall make reparation. Beall, deeming himself wronged and fancying that McKennon and Pentecost, another partner, were hounding him, said that he would settle the account with the client, but would take the lives of those who forced him to do so. He did settle the account, and on January 6, 1893, on one of the principal thoroughfares of Guthrie, slew Francis R. McKennon. In conclusion he recounted the history of the tragedy.
It was agreed by the lawyers that if all the witnesses on both sides were sworn in now they could then be excluded from the room, and the following were sworn in on the part of the prosecution: W. W. Painter, T. B. Reder, Harry Pentecost, J. M. Johnson, Fred M. Elkins, J. P. Martin, Dr. Holden, Berry Brammins, Dr. Barker, H. M. Hadley, Ed Kelly, I. H. Fennis, Frank Cummings, John Smith, Dr. Shephard, Leo Whistler, J. H. Havinghorst and Mrs. E. F. Ramey.
J. H. Havighorst, clerk of the district court for P county, was the first witness introduced for the prosecution. He testified that he was going east on Harrison avenue on January 6, 1893, when his attention was attracted by hearing a shot fired from a point near F. B. Lillie & Co.'s drug store, at the corner of Harrison avenue and Second street. Looking in that direction he saw Francis R. McKennon engaged in a scuffle with Fred M. Beall, who held a smoking revolver in his hand.
McKennon was holding Beall's right arm high in the air and an instant later a shot was discharged into the brick wall of the drug store building. Then McKennon ran toward the street crossing and leaned up against an electric light post having received another wound while he ran.
He next sank into a sitting posture, and while in this position was pushed over by Beall, who again shot at him and snapped his pistol twice at McKennon's prostrated body.
The testimony of others differed but little, simply as to their nearness to the tragedy or point of view.
The defense. Amos Green made the statement of the defense at 11 a.m. today. He said they would prove that it was justifiable homicide; that McKennon was a very arbitrary, overbearing man; that he told Beall, the day before the killing, that if he did not pay that $500 note he would kill him; that he told Beall the same thing in the court room the morning of the killing; that Beall went to see Hixon and others to get them to help him out and approached McKennon on the fatal spot to talk to him about it; that McKennon took him by the collar and said "D--n you, I will kill you if you don't pay that note," reached to his hip pocket and Beall then shot him in self-defense; that when Beall was sick Mrs. Beall told McKennon about it and Mac said: "Let him die; you are better off without him; you will have $10,000 life insurance and I will take care of you."
The attorneys in the case are: Chas Reddict and Amos Green of Oklahoma City, Judge Beall, father of the defendant, Major Allen, Col. Tom Jones and Judge Warren are attorneys for the defense, and County Attorney Houston, Judge George Greaan and Judge Buckner for the prosecution.
Guthrie Daily Leader, 16 June 1894[8]
The Prosecution Rests In the Beall Murder Trial at El Reno. Evidence Hard Against Beall. Prosecutor Huston and Associates Working Hard. Speculation on Verdict of Jury. A Close Webb of Damaging Evidence is Weaving About the Man Charged With the Cold-Blooded Murder of McKennon - The Revolver Produced in Evidence - Mrs. Ramey Testifies - Severe Cross-Examinations - Defense Putting Up a Hard Fight. Special to the Leader. El Reno, June 15.--Interest in the now famous Beall murder trial increases and the court room is packed. The prosecution rested this morning after making a strong case. The plea of the defense is said by attorneys here to be very weak and judging from testimony already adduced Beall is likely to suffer severely.
Last evening the following witnesses were put upon the stand by the prosecution: Mrs. Ramey, Fred Elkin, John Petite and Leo Whistler.
Mrs. Ramey gave testimony as to a business transaction, which according to the territory, was the primary cause of the shooting.
Petite, a colored man, testified that he passed McKennon and Beall on the sidewalk a few minutes before, and heard Beall say, "Well, I can't fix it up now; I guess I'll go to dinner," to which McKennon replied, "Well." The statement of this conversation was called forth while the witness was being cross-examined by Charles P. Reddick, and was a point for the defense.
Fred Elkin and Leo Whistler were in the Blue Bell saloon before the affray, and saw Beall come in and inquire concerning the whereabouts of McKennon and Harry Pentecos.
Court then adjourned for the day.
This morning Judge McAtee took his seat at 9 o'clock and ordered Sheriff Jackson to convene court. Instantly attorneys, spectators and stenographers took their places.
J. H. Hayighorst was called for further cross-examination. He stated that he saw J. M. Johnson about thirty or forty feet west of the corner by the drug store after the first shot had been fired.
J. M. Johnson was also recalled and stated that he was sure he did not go further away from the former than twelve or fifteen feet. After a searching cross-examination he was told to stand aside.
Sheriff W. W. Painter was the last witness for the prosecution. He came up just after the shooting and, arresting Beall, walked rapidly in with him in the direction of the United States jail. He stated that some conversation occurred between them while on the arrest and also after they had reached the jail, and that Beall said that he and McKennon had been having trouble and that he was glad that he had shot him. The sheriff identified a revolver that was handed to him be G. S. Green as the one used by Beall. Johson [sic] had also previously identified this shooting iron. It was now offered by the prosecution in evidence.
The prosecution rested their case.
Amos Green now rose from his seat and advancing before the jury, made the opening statement on behalf of the defendant.
Beall, he said, shot McKennon in self-defense. McKennon had threatened Beall's life if he did not pay a certain note by noon on the 6th of January. On the morning of that day Beall, nervously apprehensive that McKennon would attempt to carry his threat into execution, armed himself, and when McKennon made a movement toward his hip pocket, the defendant drew his revolver and did the shooting.
These statements, Judge Green said, would be abundantly proven on the evidence of competent witnesses.
R. D. Plowman was the first witness for the defense. He said he was in the L. X. L. saloon, heard one shot, ran out toward the scene of the difficulty and by the time he got to where he could see the participants, the defendant and McKennon were then on the drug store corner scuffling. Heard two more shots. The deceased fell over into the gutter with his head toward the east and his feet toward the cross walk. He also stated that Beall did not fire at the prostrate form.
John Jennings, colored, declared that he was down close to a livery stable in his house putting up some paper when he heard the shooting. As quickly as possible he went into the street but now the shooting was all over. Then he saw Dr. Holden, veterinary surgeon, in front of the stable and going in the direction of the shooting.
This testimony was evidently introduced for the purpose of locating Holden.
Court now took a noon recess till 1:30 p.m.
Frank Cummings was called and Amos Green began the examination. The witness stated that he saw the shooting, that the first three shots were fired while McKennon was standing and the last while he was falling.
After cross-examination he was turned over to the defense, who elicited the information that he had been subpoenaed by the territory's attorneys but not used by them.
John W. Hixon came next and said that he preceded W. W. Painter as sheriff of Logan county. The first part of his statement related to the width of Harrison avenue and Second street and as to the buildings and other surroundings of the spot where McKennon was killed. He saw the defendant in the forenoon of January 6th and also in the afternoon after the trouble had occurred. His first meeting with Beall was about 11 a.m. in front of The Leader building. Beall was coming from the east, in the opinion of the witness. Beall stopped and talked with Hixon for about thirty or forty minutes. Mrs. Beall came out of a store and Beall said he would go and see whether Mrs. Beall wanted anything. He went and spoke to her and then returned, and with Hixon went to "The Lobby," a saloon, to get a drink. There the most of their conversation occurred.
Beall's physical condition was the next subject upon which Mr. Hixon was questioned. He said: "Mr. Beall appeared very nervous that morning."
The witness now described Thomas [sic] McKennon as a little taller than Beall, McKennon being about five feet, nine or ten inches, and heavier than Beall. Hixon thought the deceased was at that time in better condition, physically than Mr. Beall, and said that Mr. Beall seemed to be worried and troubled over matters between him and McKennon.
Ben Brummage being called, said that he heard the shots fired and that the last one was fired at the corner of Second street and Harrison avenue.
The defense at this point made application of the court for adjournment until 9 o'clock tomorrow morning on the ground that certain witnesses necessary to the further development of the defendant's case. [sic] This was granted.
The defendant will take the stand tomorrow and it is believed that the defense will rest its case sometime early in the afternoon. On the part of Beall Reddick and Amos Green will make arguments before the jury.
Harris Huston, F. S. Green and possibly Captain Arch McKennon will speak for the prosecution.
Captain Arch McKennon, a member of the Dawes commission and an uncle of the man whom killed [sic], occupied a chair at the table among the attorneys for the territory.
There were more ladies present today than usual.
Salt Lake Tribune, 17 June 1894[9]
Beall Murder Trial. El Reno, Okla., June 16--To-day closed the evidence in the trial of Fred Beall for the killing of Frank McKinnon of Guthrie, Okla., a year and a half ago. Monday and Tuesday will likely be occupied in arguments.
Guthrie Daily Leader, 22 June 1894[10]
Still No Verdict. The Life of Beall Hangs in the Balance. An Anxious Crowd Lingers Around the El Reno Jury Room - Rumor That Eleven Men Stand for Conviction. Special to the Leader. El Reno, June 21--9 p.m.--The jury in the famous Beall murder case is still out at this hour, and it is hard to say just when a verdict will be returned. All sorts of rumors were afloat today, regarding the jury, and one report has it that the jury now stands eleven to one for conviction. However, this is but a street rumor. Great crowds linger around the court room, speculating on the probable verdict, and even bets are being made. The sentiment against Beall is still very strong.
Guthrie Daily Leader, 24 June 1894[11]
Beall is Still Free. Jury in the Famous Murder Trial Hangs. The Bond of Beall is Raised. By Judge McAtee from Fifteen to Twenty Thousand Dollars - The Obstinate Jury Stood Seven for Conviction and Five for Acquittal - People of El Reno Very Warm Over the Result.
Special to the Leader. El Reno, June 23.--After being out three days the jury in the famous Beall murder trial filed into court this afternoon and informed Judge McAtee that they were unable to agree.
After administering a lecture, the court discharged the jury and at once raised the bond of Beall from $15,000 to $20,000.
The jury stood seven for conviction and five for acquittal. This was the stand of the jury from the start, [the?] report to effect that one man had held out against twelve, being untrue.
This action of the jury is causing some very harsh comments, and open charges are being made that certain jurors were either bribed or unduly influenced by persons interested in the case. Discontent is seen everywhere and it seems as though business has suspended in order to give merchants a chance to gossip on the result of the case. This trial has already cost many thousands of dollars and there is now no telling where the expense will end.
Beall and his friends at the Kerfoot feel elated over the outcome, but do not like the phase of the bond being raised. The jurors in the case are very reticent and all attempts to gain an expression of their secret actions have been met with rebuffs.
All the attorneys and others interested in the case are preparing to leave for their respective homes.
San Antonio Daily Light, 18 December 1894[12]
Has to Go Through the Mill. El Reno, O.T., Dec. 18.--The trial of F.M. Beal, of Guthrie, for the murder of Frank McKennon is on in the District court before Justice A.C. Bierrer. Yesterday was consumed in the argument of a motion presented to discharge defendant on the ground that the jury in the former trial was discharged without consent of defendant and for insufficient reason by Judge McAtee. The motion was overruled and the empanelling of the jury began today.
Santa Fe Daily New Mexican, 20 December 1894[13]
The trial of F.M. Beal, of Guthrie, who deliberately shot Frank McKennon on the street, has begun at El Reno.
Guthrie Daily Leader, 7 April 1895[14]
Ex-Gov. St. John and Col. Beall, troubled fathers of erring sons, are in Oklahoma City.
The Langston City Herald, 13 April 1895[15]
Fred Beall Dead. The Man Who Killed F. R. McKennon Follows His Victim. Pheunomia (sic) Claimed Him. A Short Sickness, Full of Remorse, Carries Him Off - His Record in Oklahoma Territory Was Full of Stirring Incidents - History of His Killing of McKennon.
Mr. F. M. Beall died at his residence on North Broadway in Oklahoma City, yesterday evening, April 3, about 8 o'clock, of pnuenomia (sic). He was taken sick last Friday with the grip, which developed Sunday into pneumonia, and since Monday his condition has been so critical that his death was expected at any moment. All that careful nursing and physician's skill could do was of no avail.
The deceased came to Oklahoma in the summer of 1892 and settled in Guthrie, forming a partnership with F. R. McKennon in the law business. He was a drinking man and it soon followed that he got into bad financial straits from gambling and other bad habits. He borrowed money from his partner and other persons amounting to near a thousands dollars and his partners finding out that he kep [sic] a legal fee without making mention of it, an investigation followed, which opened up all his false pretenses. The partnership was dissolved and McKennon tried in various ways to get the money Beall owed him. On the 6th of January, 1893 at about noon, McKennon met Beall on the corner of Harrison avenue and Second street and again asked him for the money. Beall had been on a night's drunk and had been drinking that forenoon and had been hunting for McKennon. After a few words of conversation he shot his former partner and benefactor five times in the body and killed him. After changing his residence to Oklahoma City and getting a change of venue to that court and then from there to El Reno, he was tried and the jury hung, the judge of the bench openly charging that bribery had been used. He was tried again and cleared, wrongly again it was claimed by everybody who was present.
Such is the history of the life of the deceased in Oklahoma. May his ashes lie in peace.
Guthrie Daily Leader, 7 May 1897[16]
An excerpt from an article about a case Capt. Frederick Beall was involved in includes the following line:
- Fred Beall, Vanderpool's attorney, is the father of Fred Beall, Jr., who killed McKennon, and died while awaiting sentence.
Sources
- ↑ https://www.findagrave.com/memorial/30456642/francis-routh-mckennon
- ↑ Our Brother in Red, 19 January 1893, p. 1. https://newspaperarchive.com/our-brother-in-red-jan-19-1893-p-1/
- ↑ Beall Brought Back. He is Reindicted and Lodged in Jail in This City. Guthrie Daily Leader, 17 October 1893, p. 3. https://newspaperarchive.com/guthrie-daily-leader-oct-17-1893-p-3/
- ↑ Cause Celebre. Guthrie Daily Leader, 20 October 1893, p. 3. https://newspaperarchive.com/guthrie-daily-leader-oct-20-1893-p-3/
- ↑ Was Beall's Bomb the Deadly Instrument in the Brooks Building? Guthrie Daily Leader, 23 January 1894, p. 3. https://newspaperarchive.com/guthrie-daily-leader-jan-23-1894-p-3/
- ↑ Bealle Murder Trial. Wichita Daily Eagle, 12 June 1894, p. 1. https://newspaperarchive.com/wichita-daily-eagle-jun-12-1894-p-1/
- ↑ The Beall Murder Trial. Guthrie Daily Leader, 14 June 1894, p. 4. https://newspaperarchive.com/guthrie-daily-leader-jun-15-1894-p-4/
- ↑ The Prosecution Rests. Guthrie Daily Leader, 16 June 1894. p. 4. https://newspaperarchive.com/guthrie-daily-leader-jun-16-1894-p-4/
- ↑ Beall Murder Trial. Salt Lake Tribune, 17 June 1894, p.2. https://newspaperarchive.com/salt-lake-tribune-jun-17-1894-p-2/
- ↑ Still No Verdict. Guthrie Daily Leader, 22 June 1894, p. 2. https://newspaperarchive.com/guthrie-daily-leader-jun-22-1894-p-4/
- ↑ Beall is Still Free. Guthrie Daily Leader, 24 June 1894, p. 4. https://newspaperarchive.com/guthrie-daily-leader-jun-24-1894-p-4/
- ↑ Has to Go Through the Mill. San Antonio Daily Light, 18 December 1894, p. 1. https://newspaperarchive.com/san-antonio-daily-light-dec-18-1894-p-1/
- ↑ To-day's Wirings. Santa Fe Daily New Mexican, 20 December 1894, p. 1. https://newspaperarchive.com/santa-fe-daily-new-mexican-dec-20-1894-p-1/
- ↑ Guthrie Daily Leader, 7 April 1895, p. 4. https://newspaperarchive.com/guthrie-daily-leader-apr-07-1895-p-4/
- ↑ Fred Beall Dead. The Langston City Herald, 13 April 1895, p. 1. https://newspaperarchive.com/the-langston-city-herald-apr-13-1895-p-1/
- ↑ Noted Case Settled. Guthrie Daily Leader, 7 May 1897, p. 4. https://newspaperarchive.com/guthrie-daily-leader-may-07-1897-p-4/
Notes
Additional research leads: https://casetext.com/case/bank-of-minco-v-struss?q=beall&sort=relevance&p=1&type=case&startDate=-2524521600000&endDate=-2177452800001&jxs=ok
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