1
00:00:00,240 --> 00:00:05,080
Speaker 1: This story contains adult content and language. Listener discretion is advised.

2
00:00:13,200 --> 00:00:16,760
Speaker 2: Hy are you did you say you had some books?

3
00:00:16,760 --> 00:00:18,560
Speaker 2: You had a local history and bring you some kind

4
00:00:18,560 --> 00:00:20,360
Speaker 2: of books or something about the history.

5
00:00:20,040 --> 00:00:23,320
Speaker 3: Of Yeah, let me shake.

6
00:00:24,480 --> 00:00:28,960
Speaker 4: These are the books right here? All this Some are

7
00:00:29,000 --> 00:00:30,080
Speaker 4: school summer city.

8
00:00:30,560 --> 00:00:32,120
Speaker 3: What does this have? What books are these?

9
00:00:32,440 --> 00:00:36,640
Speaker 4: That's all that's all schools stuff, all old. It goes

10
00:00:36,680 --> 00:00:40,080
Speaker 4: all the way back. It's all alumni association.

11
00:00:40,960 --> 00:00:42,599
Speaker 5: Oh really, yeah, so thirty one.

12
00:00:42,640 --> 00:00:45,240
Speaker 2: We don't know if there's I'm sure it's label I can.

13
00:00:45,080 --> 00:00:45,720
Speaker 3: Look at the city.

14
00:00:46,040 --> 00:00:47,440
Speaker 4: Yeah, they're all labeled.

15
00:00:48,680 --> 00:00:51,959
Speaker 1: I'm back at the Aransis Past Progress newspaper, and I'm

16
00:00:52,000 --> 00:00:55,880
Speaker 1: asking publisher John Bowers about some more resources he might have,

17
00:00:56,200 --> 00:00:59,080
Speaker 1: like books on local history. Zima, come in here and

18
00:00:59,080 --> 00:00:59,840
Speaker 1: look at this stuff.

19
00:01:00,560 --> 00:01:02,120
Speaker 6: Yeah, good dude.

20
00:01:03,120 --> 00:01:05,600
Speaker 4: What was happening through a lot of this stuff is

21
00:01:06,120 --> 00:01:09,360
Speaker 4: circ in nineteen twelve is people were stealing out of

22
00:01:09,360 --> 00:01:14,400
Speaker 4: the library, so the library gave it to us. I mean,

23
00:01:14,440 --> 00:01:16,400
Speaker 4: you're welcome to look through all those books you want

24
00:01:16,440 --> 00:01:21,080
Speaker 4: to and see if there's anything. I don't know what

25
00:01:21,080 --> 00:01:21,759
Speaker 4: you're looking for.

26
00:01:21,840 --> 00:01:23,959
Speaker 2: I remember the guy I told you about, Bill Strain,

27
00:01:24,040 --> 00:01:26,920
Speaker 2: who she babysat him, and he kind of became obsessed

28
00:01:26,959 --> 00:01:28,880
Speaker 2: with the case. He and his son came down here

29
00:01:28,920 --> 00:01:31,560
Speaker 2: about thirty years ago, and that's when You'll had all

30
00:01:31,600 --> 00:01:34,640
Speaker 2: the newspapers and they just sat here for hours. He

31
00:01:34,720 --> 00:01:36,600
Speaker 2: felt like the progress was really helpful.

32
00:01:37,120 --> 00:01:40,120
Speaker 1: These articles and books that the Aransas past progress about

33
00:01:40,160 --> 00:01:52,120
Speaker 1: Dorothy serve as a reminder of her death. The details

34
00:01:52,160 --> 00:01:56,240
Speaker 1: of Dorothy Simon's murder and aransis passed Texas were upsetting

35
00:01:56,280 --> 00:01:59,680
Speaker 1: to read about Dorothy and her killers struggled. There were

36
00:01:59,720 --> 00:02:03,120
Speaker 1: deep contusions on her neck. Clearly she had fought back.

37
00:02:03,480 --> 00:02:06,120
Speaker 1: When he was finally able to get control of her,

38
00:02:06,520 --> 00:02:08,960
Speaker 1: he put his hands around her neck and strangled her

39
00:02:09,000 --> 00:02:13,560
Speaker 1: in the water. He dragged her body over the sea wall.

40
00:02:14,440 --> 00:02:17,359
Speaker 1: He dug his shallow grave and rolled her into it,

41
00:02:18,480 --> 00:02:25,720
Speaker 1: then covered her up and disappeared into the night. Rumors

42
00:02:25,720 --> 00:02:29,000
Speaker 1: and gossip in a small town become confused with facts.

43
00:02:29,880 --> 00:02:34,400
Speaker 1: Whispers of alcohol and smoking and sex framed Dorothy Simons

44
00:02:34,480 --> 00:02:38,400
Speaker 1: as a woman with few morals, which devastated her family.

45
00:02:39,240 --> 00:02:42,480
Speaker 1: Newton Yarbury was the prime suspect, and now he was

46
00:02:42,520 --> 00:02:46,880
Speaker 1: preparing for his murder trial. His family accused Tom Connor

47
00:02:46,919 --> 00:02:49,800
Speaker 1: of being the last person to see Dorothy alive. The

48
00:02:49,880 --> 00:02:53,639
Speaker 1: prosecutor had little physical evidence, aside from some footprints in

49
00:02:53,680 --> 00:02:56,880
Speaker 1: the sand and potential signs of a struggle on Newton.

50
00:02:57,400 --> 00:03:00,480
Speaker 1: Those scratches on his back might have been useful Today,

51
00:03:00,720 --> 00:03:04,240
Speaker 1: a medical examiner could have collected DNA from under Dorothy's

52
00:03:04,240 --> 00:03:07,640
Speaker 1: fingernails for comparison, But in nineteen thirty one, the DA

53
00:03:07,760 --> 00:03:11,520
Speaker 1: had to work with what he had witnesses, alibis, and

54
00:03:11,600 --> 00:03:18,760
Speaker 1: Newton's reputation. Hadn't the Simon's family been through enough, especially Agnes.

55
00:03:19,360 --> 00:03:21,840
Speaker 1: Let's talk a little bit about the impact of a

56
00:03:21,919 --> 00:03:25,720
Speaker 1: child's violent death on a parent. There's been a lot

57
00:03:25,720 --> 00:03:28,480
Speaker 1: of research on that. You all know that I'm a

58
00:03:28,520 --> 00:03:31,679
Speaker 1: mother and this story was hard for me. This kind

59
00:03:31,720 --> 00:03:35,000
Speaker 1: of loss for a parent can trigger everything from severe

60
00:03:35,000 --> 00:03:39,280
Speaker 1: depression and anxiety to physical pain and an increased risk

61
00:03:39,320 --> 00:03:43,840
Speaker 1: of suicide. Marriages end because of sudden deaths in the family,

62
00:03:44,120 --> 00:03:47,520
Speaker 1: like the murder of a child, and it will absolutely

63
00:03:47,640 --> 00:03:53,160
Speaker 1: change people. Dorothy's death really changed Howard and Agnes Simon's

64
00:03:53,840 --> 00:03:57,600
Speaker 1: in a very sad way. I keep hinting at what

65
00:03:57,640 --> 00:04:00,600
Speaker 1: I called the trickle down effect of this case. It's

66
00:04:00,680 --> 00:04:04,920
Speaker 1: really an expansive look at how Dorothy's horrific murder damaged

67
00:04:05,000 --> 00:04:08,960
Speaker 1: many people, entire families. Actually, it didn't seem like it

68
00:04:09,000 --> 00:04:10,720
Speaker 1: was going to have that far of a reach at

69
00:04:10,760 --> 00:04:14,000
Speaker 1: the time. Once I connect all the dots, this theory

70
00:04:14,040 --> 00:04:20,080
Speaker 1: will come together. We're just not quite there yet. We've

71
00:04:20,120 --> 00:04:23,200
Speaker 1: talked a lot about how Bill Strain's lifelong obsession with

72
00:04:23,279 --> 00:04:27,039
Speaker 1: Dorothy's death fueled his decade's long effort to get to

73
00:04:27,080 --> 00:04:31,000
Speaker 1: the truth. This excerpt from his blog perfectly sums up

74
00:04:31,040 --> 00:04:34,799
Speaker 1: a major focal point in this episode, and it hints

75
00:04:34,839 --> 00:04:38,080
Speaker 1: at a disturbing turn Dorothy's story is about to take.

76
00:04:39,080 --> 00:04:43,120
Speaker 1: Bill wrote, Ouransa's Pass was a small, tough little town.

77
00:04:43,680 --> 00:04:46,720
Speaker 1: The Great Depression was a ten year tough time to live,

78
00:04:46,880 --> 00:04:49,359
Speaker 1: and it was not Dorothy's lot to make it through.

79
00:04:50,080 --> 00:04:53,040
Speaker 1: Of all the trials in the county, I don't know

80
00:04:53,080 --> 00:04:57,159
Speaker 1: of another one that was as fragmented and unpredictable as

81
00:04:57,200 --> 00:05:00,080
Speaker 1: the trial of newton yarbery.

82
00:05:00,400 --> 00:05:01,040
Speaker 3: I agree.

83
00:05:01,160 --> 00:05:05,280
Speaker 1: His trial was complicated and frustrating and traumatizing for just

84
00:05:05,360 --> 00:05:10,720
Speaker 1: about everyone, but especially for the Simons. And now we'll

85
00:05:10,720 --> 00:05:18,200
Speaker 1: find out why. On August tenth, nineteen thirty one, Newton

86
00:05:18,279 --> 00:05:22,159
Speaker 1: was officially indicted for Dorothy's murder. The district attorneys spent

87
00:05:22,240 --> 00:05:28,240
Speaker 1: the next two months preparing his case. Autumn often feels

88
00:05:28,320 --> 00:05:32,080
Speaker 1: crisp and cool, its sweater weather in most states, not

89
00:05:32,279 --> 00:05:36,120
Speaker 1: in Texas. October in Texas is often close to one

90
00:05:36,200 --> 00:05:40,440
Speaker 1: hundred degrees. The fall is hot and sweaty, and old

91
00:05:40,480 --> 00:05:45,920
Speaker 1: courthouses without air conditioning are miserable. It's a terrible time

92
00:05:45,960 --> 00:05:50,960
Speaker 1: for a trial in Texas. Nonetheless, On Tuesday, October sixth,

93
00:05:51,080 --> 00:05:55,040
Speaker 1: nineteen thirty one, testimony began in Newton Yarberry's murder trial.

94
00:05:55,880 --> 00:05:58,679
Speaker 1: It had been more than two months since Dorothy's body

95
00:05:58,760 --> 00:06:02,640
Speaker 1: was discovered in that grave by the Bay. Of course,

96
00:06:02,839 --> 00:06:06,440
Speaker 1: reporters filled the courtroom and sent in. They jotted down

97
00:06:06,520 --> 00:06:09,720
Speaker 1: notes on their pads and scrambled to interview the prosecutor

98
00:06:09,760 --> 00:06:13,200
Speaker 1: in the defense, trying to sort out each side's strategy.

99
00:06:14,160 --> 00:06:16,560
Speaker 1: The papers reported that the state would ask for the

100
00:06:16,680 --> 00:06:20,800
Speaker 1: death penalty if Newton were found guilty. That would mean

101
00:06:20,839 --> 00:06:26,960
Speaker 1: that he would die in the electric chair, But the

102
00:06:27,000 --> 00:06:30,600
Speaker 1: defense seemed confident. Remember that the jury was all mail.

103
00:06:31,200 --> 00:06:35,560
Speaker 1: Newton had no real criminal record, the physical evidence wasn't conclusive.

104
00:06:36,160 --> 00:06:39,719
Speaker 1: The Yarberries had hired attorneys who knew how to trip

105
00:06:39,800 --> 00:06:43,279
Speaker 1: up witnesses on the stand, and Newton's attorneys planned to

106
00:06:43,320 --> 00:06:47,760
Speaker 1: dismantle the prosecution's case against their client. Defense attorney David

107
00:06:47,760 --> 00:06:51,600
Speaker 1: Shepherd says money almost always helps when you're on trial.

108
00:06:52,560 --> 00:06:55,000
Speaker 7: I think in any situation, if you can hire the

109
00:06:55,000 --> 00:06:58,680
Speaker 7: best lawyers around, that gives you a distinct advantage, no question.

110
00:06:58,839 --> 00:07:01,200
Speaker 7: I think the social dymnamic or the reverse of what

111
00:07:01,240 --> 00:07:03,200
Speaker 7: you're saying about a small town though, I grew up

112
00:07:03,240 --> 00:07:06,440
Speaker 7: in a small town, and small towns can have the

113
00:07:06,480 --> 00:07:09,480
Speaker 7: wealthy families be resented by the rest of the community

114
00:07:09,600 --> 00:07:10,760
Speaker 7: depending on what they're like.

115
00:07:11,440 --> 00:07:15,160
Speaker 1: And the Yarberries were well liked in Loremsa's pass, But

116
00:07:15,280 --> 00:07:16,960
Speaker 1: what if not everyone agreed.

117
00:07:17,840 --> 00:07:19,960
Speaker 7: If they're viewed by the rest of the community as

118
00:07:20,160 --> 00:07:24,320
Speaker 7: too proud, too controlling, too overbearing, then there can be

119
00:07:24,360 --> 00:07:26,680
Speaker 7: a lot of resentment and that can really play against them.

120
00:07:26,760 --> 00:07:29,480
Speaker 7: I guess jeers could say they're afraid of repercussions if

121
00:07:29,480 --> 00:07:32,040
Speaker 7: they were to find someone from a rich family guilty,

122
00:07:32,080 --> 00:07:34,520
Speaker 7: But it's awfully easy for them to just carry those

123
00:07:34,560 --> 00:07:37,160
Speaker 7: resentments into that jury box and say we're going to

124
00:07:37,200 --> 00:07:39,880
Speaker 7: get even here. I've finally got my chance to get

125
00:07:39,920 --> 00:07:42,000
Speaker 7: a little blowback on these people that I've resented and

126
00:07:42,000 --> 00:07:43,200
Speaker 7: pushed me around for years.

127
00:07:47,960 --> 00:07:51,120
Speaker 1: A throng of gawker stood outside the courthouse in Stanton,

128
00:07:51,480 --> 00:07:54,080
Speaker 1: all waiting to sit in the galley of the biggest

129
00:07:54,120 --> 00:07:59,520
Speaker 1: trial in the county in years. When the judge started

130
00:07:59,520 --> 00:08:04,120
Speaker 1: the proceed the courtroom grew silent. The judge ordered the

131
00:08:04,160 --> 00:08:06,880
Speaker 1: prosecutor and the defense attorneys to call out the names

132
00:08:06,880 --> 00:08:10,680
Speaker 1: of their witnesses. The DA had fifty nine witnesses and

133
00:08:10,720 --> 00:08:14,280
Speaker 1: the defense had eighty eight. That's a long list, even

134
00:08:14,320 --> 00:08:17,560
Speaker 1: for a murder trial, but that's how important this trial

135
00:08:17,720 --> 00:08:20,600
Speaker 1: was to the area. The DA and the defense attorneys

136
00:08:20,600 --> 00:08:25,640
Speaker 1: had to do everything they could to win. Newton Yarberry

137
00:08:25,680 --> 00:08:29,080
Speaker 1: sat at the defense table next to his attorneys. Reporters

138
00:08:29,120 --> 00:08:33,200
Speaker 1: described him as slim and sallow, which was not a compliment.

139
00:08:34,120 --> 00:08:37,320
Speaker 1: Newton reached into his pocket and pulled out a little box.

140
00:08:37,960 --> 00:08:42,400
Speaker 1: He struck a match, lit his cigar, and quickly puffed

141
00:08:42,440 --> 00:08:45,080
Speaker 1: on it as he listened to the judge. The media

142
00:08:45,160 --> 00:08:47,920
Speaker 1: noted that he seemed a little fidgety at times, but

143
00:08:48,040 --> 00:08:51,160
Speaker 1: of course he was who wouldn't be fidgety. Newton had

144
00:08:51,200 --> 00:08:53,800
Speaker 1: been on the defense since he was taken to jail

145
00:08:53,840 --> 00:08:57,000
Speaker 1: two months earlier. He refused to talk with the sheriff then,

146
00:08:57,200 --> 00:09:02,199
Speaker 1: and he hadn't talked to him. Since women sat shouldered

147
00:09:02,200 --> 00:09:05,560
Speaker 1: to shoulder, gripping their purses. Men sat cross legged with

148
00:09:05,559 --> 00:09:09,079
Speaker 1: their hats in their laps. High school girls gazed at

149
00:09:09,080 --> 00:09:14,760
Speaker 1: the handsome defendant. What an odd scene. There were hundreds

150
00:09:14,760 --> 00:09:17,959
Speaker 1: of people waving paper fans and hats to keep cool,

151
00:09:18,280 --> 00:09:21,120
Speaker 1: even though the windows of the courthouse were open. A

152
00:09:21,120 --> 00:09:24,400
Speaker 1: group of enterprising ladies from a nearby church even set

153
00:09:24,440 --> 00:09:27,120
Speaker 1: up a booth in the courthouse basement to sell coffee

154
00:09:27,120 --> 00:09:33,959
Speaker 1: and cakes. The trial began with a bit of drama

155
00:09:34,080 --> 00:09:36,920
Speaker 1: when the district Attorney called Tom Connor to the stand,

156
00:09:37,360 --> 00:09:40,120
Speaker 1: the man who was seen with Dorothy in downtown Ramsa's

157
00:09:40,200 --> 00:09:46,280
Speaker 1: pass on the night she disappeared. Tom was likely the

158
00:09:46,320 --> 00:09:49,560
Speaker 1: most interesting witness on the DA's list, and here he

159
00:09:49,720 --> 00:09:52,160
Speaker 1: was on the stand on the very first day of

160
00:09:52,200 --> 00:09:56,160
Speaker 1: the trial. The prosecutor wanted to establish quickly that Tom

161
00:09:56,320 --> 00:09:59,679
Speaker 1: was not a viable suspect. Before Tom, there had been

162
00:09:59,679 --> 00:10:03,319
Speaker 1: two other witnesses. A woman at Dorothy's church reported that

163
00:10:03,360 --> 00:10:06,400
Speaker 1: she arrived for choir practice that night at seven and

164
00:10:06,440 --> 00:10:10,320
Speaker 1: stayed for an hour. Dorothy's friend, Missus Fowler, testified next

165
00:10:10,480 --> 00:10:14,040
Speaker 1: that Dorothy arrived at her house shortly after eight pm.

166
00:10:14,600 --> 00:10:17,400
Speaker 1: Dorothy told her that Tom Connor would be there soon

167
00:10:17,480 --> 00:10:19,960
Speaker 1: to walk her downtown as a favor, just to make

168
00:10:20,000 --> 00:10:23,800
Speaker 1: sure she got there safely. When Tom took the stand,

169
00:10:23,880 --> 00:10:26,600
Speaker 1: he described to the jury what happened that hot night

170
00:10:26,800 --> 00:10:32,720
Speaker 1: July thirtieth when he met Dorothy. Tom went to Missus

171
00:10:32,760 --> 00:10:35,520
Speaker 1: Fowler's home to pick up Dorothy and escort her downtown.

172
00:10:37,640 --> 00:10:40,760
Speaker 1: As they walked, Tom asked Dorothy why she was going there.

173
00:10:41,480 --> 00:10:43,880
Speaker 1: She replied that she was going to ask Newton to

174
00:10:43,960 --> 00:10:48,400
Speaker 1: take her swimming. Tom testified that he walked Dorothy to

175
00:10:48,440 --> 00:10:51,400
Speaker 1: the post office and watched her go inside, and then

176
00:10:51,400 --> 00:10:58,480
Speaker 1: he left and never saw her again. But Tom said

177
00:10:58,520 --> 00:11:02,440
Speaker 1: he never saw Newton either. It seemed like a simple story.

178
00:11:02,720 --> 00:11:05,200
Speaker 1: Tom did a friend of favor, dropped her off, and

179
00:11:05,240 --> 00:11:08,679
Speaker 1: then she vanished. He insisted that he had nothing to

180
00:11:08,679 --> 00:11:12,600
Speaker 1: do with her murder, and that was the end of

181
00:11:12,600 --> 00:11:15,720
Speaker 1: the first day of testimony. The state was using Tom

182
00:11:15,800 --> 00:11:19,280
Speaker 1: Connor to make a very important point. Newton saw Tom

183
00:11:19,320 --> 00:11:22,800
Speaker 1: and Dorothy together and he became jealous. He confronted her

184
00:11:22,840 --> 00:11:25,680
Speaker 1: When they reached the bay, they argued, and he killed her.

185
00:11:26,120 --> 00:11:28,520
Speaker 1: He tossed her things into the bay and quickly buried

186
00:11:28,520 --> 00:11:32,440
Speaker 1: her in a shallow grave. Yes, for this theory to work,

187
00:11:32,720 --> 00:11:36,520
Speaker 1: Newton would have needed to think quickly. But self preservation

188
00:11:36,880 --> 00:11:40,960
Speaker 1: is an excellent motivator, and adrenaline can make you move fast.

189
00:11:41,520 --> 00:11:43,439
Speaker 1: The state's theory makes a lot of sense to me

190
00:11:44,000 --> 00:11:53,320
Speaker 1: if Newton were guilty, Let's wait and see. The next morning,

191
00:11:53,760 --> 00:11:56,480
Speaker 1: Tom walked back to the witness chair. It was the

192
00:11:56,559 --> 00:11:58,360
Speaker 1: defense's turn to question him.

193
00:11:58,360 --> 00:11:58,600
Speaker 8: Now.

194
00:12:00,640 --> 00:12:04,320
Speaker 1: Yesterday had gone well for Tom, but today, As Newton's

195
00:12:04,320 --> 00:12:08,600
Speaker 1: defense attorney rose from his seat, it became clear quite

196
00:12:08,720 --> 00:12:12,240
Speaker 1: quickly that Tom Connor was about to have a very

197
00:12:12,400 --> 00:12:31,160
Speaker 1: uncomfortable time on the stand. Newton Yarbery's attorney, Mister Nelson,

198
00:12:31,280 --> 00:12:34,720
Speaker 1: had sat by quietly as the state's attorney, Gus Gale,

199
00:12:34,800 --> 00:12:38,400
Speaker 1: asked Tom Connor about the night Dorothy died. But now

200
00:12:38,480 --> 00:12:41,480
Speaker 1: it was Nelson's turn to ask questions, and he began

201
00:12:41,520 --> 00:12:45,880
Speaker 1: to do so very aggressively, starting with Tom's past. As

202
00:12:45,920 --> 00:12:49,640
Speaker 1: Nelson approached, Tom glared at the attorney. They began to

203
00:12:49,720 --> 00:12:55,720
Speaker 1: spar over each detail of Tom's testimony one by one, First,

204
00:12:55,880 --> 00:12:58,640
Speaker 1: Nelson tried to force Tom to admit that he had

205
00:12:58,640 --> 00:13:01,680
Speaker 1: committed crimes in the past. Weren't you in jail in

206
00:13:01,760 --> 00:13:05,880
Speaker 1: Oklahoma City on a charge of burglary June eleventh, nineteen

207
00:13:05,920 --> 00:13:10,640
Speaker 1: twenty nine, Nelson asked Tom. Connor replied calmly, not that

208
00:13:10,720 --> 00:13:15,240
Speaker 1: I know of, and then Tom sneered. Nelson snapped back,

209
00:13:15,360 --> 00:13:18,680
Speaker 1: don't get smart with me. The crowd sitting in the

210
00:13:18,720 --> 00:13:22,840
Speaker 1: spectator's seating snickered. Why is it you could remember everything

211
00:13:22,960 --> 00:13:26,400
Speaker 1: so well on Tuesday and can't remember when I ask

212
00:13:26,520 --> 00:13:31,200
Speaker 1: you things? Nelson yelled. Tom shrugged, and then he denied

213
00:13:31,240 --> 00:13:34,640
Speaker 1: there was any romantic relationship between he and Dorothy. He

214
00:13:34,720 --> 00:13:38,440
Speaker 1: denied swimming with Dorothy that night, and he absolutely denied

215
00:13:38,520 --> 00:13:43,720
Speaker 1: killing her. Newton's attorney reminded the jury numerous times that

216
00:13:43,760 --> 00:13:47,080
Speaker 1: Tom had once been held for Dorothy's murder too. Then

217
00:13:47,160 --> 00:13:49,959
Speaker 1: the district attorney piped up that a grand jury had

218
00:13:50,000 --> 00:13:54,600
Speaker 1: refused to indict Tom and indicted Newton instead. Tom again

219
00:13:54,760 --> 00:13:58,920
Speaker 1: sneered at the defense attorney. Nelson demanded twice that Tom

220
00:13:59,040 --> 00:14:02,920
Speaker 1: faced the jury when he answered questions. Tom ignored the request,

221
00:14:03,120 --> 00:14:08,440
Speaker 1: until finally the district attorney ordered him to Finally, Nelson

222
00:14:08,559 --> 00:14:11,920
Speaker 1: was done questioning Tom Connor, and he left the courtroom.

223
00:14:14,360 --> 00:14:17,960
Speaker 1: Would his testimony be enough to create reasonable doubt for

224
00:14:18,000 --> 00:14:23,680
Speaker 1: the jurors? Three more witnesses took the stand that day

225
00:14:23,720 --> 00:14:27,080
Speaker 1: to describe Dorothy's movements on the night she died. Two

226
00:14:27,160 --> 00:14:30,360
Speaker 1: were her friends who confirmed Tom's story, but the third

227
00:14:30,480 --> 00:14:33,080
Speaker 1: was a twenty one year old day laborer who knew

228
00:14:33,200 --> 00:14:36,880
Speaker 1: Newton and Dorothy. J. B. Perkins testified that he watched

229
00:14:36,880 --> 00:14:39,680
Speaker 1: Dorothy walk out of the post office and they chatted

230
00:14:39,720 --> 00:14:41,000
Speaker 1: around nine o'clock that night.

231
00:14:41,560 --> 00:14:41,800
Speaker 9: JB.

232
00:14:41,960 --> 00:14:45,080
Speaker 1: Knew her because he had lived near her family. When

233
00:14:45,120 --> 00:14:47,840
Speaker 1: they both said goodbye, he watched her walk toward a

234
00:14:47,920 --> 00:14:51,400
Speaker 1: man across the street from the post office. Perkins said

235
00:14:51,480 --> 00:14:56,040
Speaker 1: he was sure it was Newton. The defense objected, but

236
00:14:56,240 --> 00:14:59,200
Speaker 1: it was too late. The jury heard that someone had

237
00:14:59,200 --> 00:15:03,600
Speaker 1: placed Newton with Dorothy that night. Remember, Newton's mother said

238
00:15:03,600 --> 00:15:06,640
Speaker 1: that he left her home after dinner around seven thirty

239
00:15:06,640 --> 00:15:10,760
Speaker 1: PM and returned by nine thirty. Now. J. B. Perkins

240
00:15:10,800 --> 00:15:14,120
Speaker 1: said that Newton was downtown that night at nine pm.

241
00:15:14,800 --> 00:15:18,440
Speaker 1: Could Newton really have killed Dorothy in just thirty minutes

242
00:15:18,480 --> 00:15:21,920
Speaker 1: and then been home by nine thirty? Was someone off

243
00:15:21,920 --> 00:15:26,800
Speaker 1: with their time or was someone lying. Yes, it sounds

244
00:15:26,840 --> 00:15:31,000
Speaker 1: like it because another witness who also knew Newton, testified

245
00:15:31,080 --> 00:15:33,880
Speaker 1: that he saw him with Dorothy that night, and then

246
00:15:33,920 --> 00:15:37,440
Speaker 1: he saw Newton alone in the Blue Willow Cafe at

247
00:15:37,440 --> 00:15:41,080
Speaker 1: two am several hours later. He had his head on

248
00:15:41,120 --> 00:15:49,040
Speaker 1: the table and he seemed very, very worried. As another

249
00:15:49,160 --> 00:15:52,560
Speaker 1: dramatic day ended, Agnes Simon's returned to her home on

250
00:15:52,560 --> 00:15:58,080
Speaker 1: Commercial Street. As she prepared for bed that night, she

251
00:15:58,200 --> 00:16:01,840
Speaker 1: worried tomorrow would be one of the hardest days of

252
00:16:01,880 --> 00:16:05,680
Speaker 1: her life. The day she lost Dorothy was upsetting, but

253
00:16:05,960 --> 00:16:09,360
Speaker 1: tomorrow she would face the defense attorney who had attacked

254
00:16:09,480 --> 00:16:14,440
Speaker 1: Tom Connor. Agnes knew it wouldn't go well, and she

255
00:16:14,520 --> 00:16:21,760
Speaker 1: was so right. On the third day of the trial,

256
00:16:21,920 --> 00:16:24,400
Speaker 1: Agnes was dressed in black as she sat behind the

257
00:16:24,440 --> 00:16:29,000
Speaker 1: prosecutor and waited. She was nervous. People who had been

258
00:16:29,040 --> 00:16:31,920
Speaker 1: once friendly with her in town were avoiding her now.

259
00:16:32,320 --> 00:16:34,880
Speaker 1: Her daughter in law, Helen Simon, says it was because

260
00:16:34,880 --> 00:16:39,040
Speaker 1: of that trial, and Agnes had already felt insecure because

261
00:16:39,080 --> 00:16:41,440
Speaker 1: she had lost her family money when she left her

262
00:16:41,480 --> 00:16:43,160
Speaker 1: first husband, Dorothy's father.

263
00:16:44,240 --> 00:16:45,400
Speaker 3: It sounds to me.

264
00:16:45,760 --> 00:16:50,360
Speaker 9: That Agnes had indicated when this trial was happening with

265
00:16:50,480 --> 00:16:54,840
Speaker 9: newton Yarbury, that she felt like they were second class

266
00:16:54,840 --> 00:16:58,400
Speaker 9: citizens in Oransa's past. Did she get any kind of

267
00:16:58,400 --> 00:17:01,120
Speaker 9: an impression from her about that, just about everything that

268
00:17:01,440 --> 00:17:02,080
Speaker 9: was happening.

269
00:17:02,400 --> 00:17:05,280
Speaker 8: I think it was, like Agnes said, when you've had

270
00:17:05,359 --> 00:17:08,639
Speaker 8: money and you no longer have it, you feel different

271
00:17:08,680 --> 00:17:13,080
Speaker 8: about yourself, maybe, especially if people begin to kind of

272
00:17:13,119 --> 00:17:13,879
Speaker 8: look down on you.

273
00:17:19,880 --> 00:17:23,520
Speaker 1: The next day, the prosecutor Gus Gaale called Agnes Simon's

274
00:17:23,600 --> 00:17:28,760
Speaker 1: to the stand. As Agnes sat down, she looked frail

275
00:17:28,960 --> 00:17:34,280
Speaker 1: and wide eyed and scared and very sad. The newspapers

276
00:17:34,280 --> 00:17:38,600
Speaker 1: described her as haggard. When did you last see Dorothy alive?

277
00:17:38,880 --> 00:17:43,320
Speaker 1: Asked the DA gently. On Thursday evening, July thirtieth, she

278
00:17:43,440 --> 00:17:45,680
Speaker 1: came home and got ready to go to choir practice.

279
00:17:46,119 --> 00:17:48,960
Speaker 1: She came in and kissed me and her daddy goodbye.

280
00:17:49,600 --> 00:17:51,760
Speaker 1: That was the last time I ever saw of her.

281
00:17:53,200 --> 00:17:56,920
Speaker 1: Agnes told the jury how wonderful Dorothy really was, how

282
00:17:57,000 --> 00:18:00,000
Speaker 1: much kindness and love she showed her parents and her brother.

283
00:18:00,640 --> 00:18:04,080
Speaker 1: But newton Yarbery was anything but kind, according to Agnes,

284
00:18:04,480 --> 00:18:06,840
Speaker 1: One time he brought her home sick. They had been

285
00:18:06,920 --> 00:18:09,760
Speaker 1: drinking wine. At his house and Dorothy didn't feel well.

286
00:18:10,160 --> 00:18:13,240
Speaker 1: Agnes watched him toss her on the bed carelessly and

287
00:18:13,320 --> 00:18:16,840
Speaker 1: walk out the door. She described Newton as jealous of

288
00:18:16,880 --> 00:18:20,639
Speaker 1: other men. He hadn't been a good boyfriend recently, and

289
00:18:20,760 --> 00:18:24,480
Speaker 1: this next part seems damning to me. Agnes told the

290
00:18:24,560 --> 00:18:28,159
Speaker 1: da that when she asked Newton about Dorothy's disappearance, he

291
00:18:28,280 --> 00:18:31,000
Speaker 1: called it a fine mess. He said that if she

292
00:18:31,080 --> 00:18:34,359
Speaker 1: were not found in six or seven days, that he

293
00:18:34,400 --> 00:18:37,560
Speaker 1: would go hunting for her. What do you think of

294
00:18:37,600 --> 00:18:42,639
Speaker 1: that statement, the prosecutor asked Agnes. She replied, I thought

295
00:18:43,200 --> 00:18:49,240
Speaker 1: he's giving himself plenty of time. Agnes was shocked at

296
00:18:49,240 --> 00:18:52,320
Speaker 1: how lase fair Newton seemed about his missing girlfriend and

297
00:18:52,400 --> 00:18:56,240
Speaker 1: her daughter. That testimony was difficult, but it had gone

298
00:18:56,320 --> 00:19:00,480
Speaker 1: well for Agnes. This next bit of testimony would not

299
00:19:00,560 --> 00:19:07,719
Speaker 1: go so well. Newton's defense attorney, mister Nelson, stood up

300
00:19:07,720 --> 00:19:10,920
Speaker 1: and walked over to her as the jury watched. First,

301
00:19:11,000 --> 00:19:14,679
Speaker 1: he asked about Dorothy's religious habits. Did she go to church?

302
00:19:15,440 --> 00:19:18,280
Speaker 1: Not often, she replied, even though Dorothy went to the

303
00:19:18,280 --> 00:19:21,920
Speaker 1: Catholic church per choir in classes that wouldn't be well

304
00:19:21,920 --> 00:19:25,720
Speaker 1: received in a small town like Ransa's pass. What about Dorothy,

305
00:19:25,880 --> 00:19:32,240
Speaker 1: asked Nelson. What were her habits? Did she ever smoke cigarettes? Yes? Sometimes,

306
00:19:32,440 --> 00:19:36,520
Speaker 1: replied Agnes. Before the state could even object, the judge

307
00:19:36,560 --> 00:19:41,359
Speaker 1: overruled that objection smoking cigarettes was apparently relevant in this

308
00:19:41,480 --> 00:19:45,480
Speaker 1: murder trial. Gus Scale the DA sighed and replied to

309
00:19:45,520 --> 00:19:48,240
Speaker 1: the judge very well, I want to put your honor

310
00:19:48,320 --> 00:19:52,200
Speaker 1: on notice. We will introduce immaterial matter too, and will

311
00:19:52,240 --> 00:19:56,600
Speaker 1: try cigarette cases instead of murder cases. The judge didn't

312
00:19:56,600 --> 00:19:59,960
Speaker 1: appreciate that remark at all and replied that both attorneys

313
00:20:00,080 --> 00:20:03,720
Speaker 1: in this case would be given latitude. Nelson smirked, and

314
00:20:03,800 --> 00:20:07,800
Speaker 1: he turned back to Agnes. Did Dorothy ever drink alcohol?

315
00:20:08,840 --> 00:20:09,080
Speaker 3: Yes?

316
00:20:09,400 --> 00:20:15,800
Speaker 1: Sometimes beer, replied Agnes, Just beer, not whisky. Agnes took

317
00:20:15,840 --> 00:20:21,399
Speaker 1: a moment and quietly replied, sometimes whiskey too. Nelson asked,

318
00:20:21,720 --> 00:20:25,280
Speaker 1: was Dorothy friends with that old woman? There was a

319
00:20:25,280 --> 00:20:27,560
Speaker 1: woman in town who had a reputation for drinking and

320
00:20:27,640 --> 00:20:33,080
Speaker 1: smoking and dating many men. Yes, replied Dorothy's mother. She

321
00:20:33,160 --> 00:20:37,160
Speaker 1: didn't try to stop the friendship. Nelson sneered and glanced

322
00:20:37,200 --> 00:20:41,280
Speaker 1: at the jury. Agnes's husband, Howard, was furious as he

323
00:20:41,280 --> 00:20:45,040
Speaker 1: sat behind the DA. Gus Gale popped up and yelled

324
00:20:45,080 --> 00:20:47,560
Speaker 1: to the judge that the defense was trying to impeach

325
00:20:47,680 --> 00:20:53,280
Speaker 1: Agnes's testimony using innu window. The judge ignored that complaint too.

326
00:20:53,640 --> 00:20:56,760
Speaker 1: Then Nelson really went on the attack. He asked Agnes

327
00:20:56,800 --> 00:20:59,960
Speaker 1: to explain why she had once filed a delinquency charge

328
00:21:00,000 --> 00:21:04,160
Speaker 1: against Dorothy before she turned eighteen. Agnes thought a moment,

329
00:21:04,280 --> 00:21:06,640
Speaker 1: and she said, I just did it to get her

330
00:21:06,680 --> 00:21:10,760
Speaker 1: back because she had run off. Agnes began to sob.

331
00:21:11,119 --> 00:21:13,800
Speaker 1: Nelson looked at the jury again. He turned to Agnes

332
00:21:13,800 --> 00:21:16,720
Speaker 1: and said, didn't you rowl with Dorothy for having told

333
00:21:16,760 --> 00:21:19,760
Speaker 1: the census taker you were eight or nine years older

334
00:21:19,800 --> 00:21:24,679
Speaker 1: than your husband. The crowd snickered and Agnes blushed. Howard

335
00:21:24,720 --> 00:21:30,080
Speaker 1: became more infuriated. Agnes replied, I romped on her a little,

336
00:21:30,480 --> 00:21:33,920
Speaker 1: so Dorothy Simons wasn't so perfect, said Nelson. She had

337
00:21:33,960 --> 00:21:37,080
Speaker 1: problems with her mother. She drank and smoked and flirted

338
00:21:37,080 --> 00:21:40,880
Speaker 1: with men. She was friends with promiscuous women. Who knows

339
00:21:40,920 --> 00:21:44,720
Speaker 1: who else she was with that night, not newton Yarberry

340
00:21:45,000 --> 00:21:53,080
Speaker 1: concluded the defense. Agnes Simons slowly left the witness stand

341
00:21:53,119 --> 00:21:56,320
Speaker 1: and returned to her seat with her husband. She was

342
00:21:56,640 --> 00:22:01,879
Speaker 1: utterly humiliated and horrified. She held Howard's hand until he

343
00:22:01,880 --> 00:22:05,199
Speaker 1: pulled it away. Now it was his turn in the

344
00:22:05,240 --> 00:22:10,080
Speaker 1: witness chair. Howard Simon's was small like his wife, but

345
00:22:10,200 --> 00:22:13,159
Speaker 1: his voice was husky, and it boomed like that of

346
00:22:13,240 --> 00:22:17,000
Speaker 1: a much larger, more confident man. His small blue eyes

347
00:22:17,040 --> 00:22:20,720
Speaker 1: were red from a lack of sleep. Howard braced himself.

348
00:22:20,880 --> 00:22:23,280
Speaker 1: He had never been a perfect husband, or even a

349
00:22:23,320 --> 00:22:26,520
Speaker 1: perfect stepfather, but this might push him over the edge,

350
00:22:27,320 --> 00:22:31,399
Speaker 1: and it did. Howard tried to stay calm. He spoke

351
00:22:31,480 --> 00:22:35,200
Speaker 1: slowly and precisely. He explained that Dorothy left his house

352
00:22:35,240 --> 00:22:37,879
Speaker 1: that night for the choir. The next time he saw

353
00:22:37,920 --> 00:22:41,280
Speaker 1: her was in a grave on Redfish Bay. He hadn't

354
00:22:41,320 --> 00:22:44,199
Speaker 1: been able to stop seeing the image of her bloated body.

355
00:22:44,680 --> 00:22:47,159
Speaker 1: He had confronted Newton as soon as he realized that

356
00:22:47,200 --> 00:22:50,479
Speaker 1: Dorothy was missing. Newton denied he had seen her. He

357
00:22:50,520 --> 00:22:55,080
Speaker 1: had been home asleep. One last important point, the DA

358
00:22:55,280 --> 00:22:58,480
Speaker 1: reminded the jury that Newton had scratches on his body.

359
00:22:59,240 --> 00:23:02,679
Speaker 1: What kind of did Dorothy have? The DA asked Howard

360
00:23:03,680 --> 00:23:12,080
Speaker 1: long keen fingernails, He replied. The crowd erupted, but the

361
00:23:12,160 --> 00:23:16,199
Speaker 1: judge stopped all that what's surprising is the defense didn't

362
00:23:16,240 --> 00:23:19,920
Speaker 1: attack Howard Simon's on the stand. Mister Nelson never asked

363
00:23:19,920 --> 00:23:23,960
Speaker 1: Howard any offensive questions about himself or his stepdaughter. And

364
00:23:24,000 --> 00:23:27,760
Speaker 1: we know why women are easier to confront and humiliate

365
00:23:28,200 --> 00:23:33,119
Speaker 1: women who are alive and women who are dead. The

366
00:23:33,119 --> 00:23:36,600
Speaker 1: next day, a sheriff's deputy detailed the state's physical evidence.

367
00:23:37,040 --> 00:23:39,560
Speaker 1: There seemed to be two pairs of footprints on the beach,

368
00:23:39,680 --> 00:23:42,720
Speaker 1: belonging to a man and a woman. Two sets led

369
00:23:42,760 --> 00:23:45,760
Speaker 1: to the water, and only one set led away from

370
00:23:45,800 --> 00:23:48,320
Speaker 1: the water. There were drops of blood in the sand.

371
00:23:48,840 --> 00:23:52,760
Speaker 1: Newton's feet were cut by seashells and thorns. The defense

372
00:23:52,920 --> 00:23:57,200
Speaker 1: questioned the deputy's experience in tracking footprints, and mister Nelson

373
00:23:57,240 --> 00:24:00,520
Speaker 1: doubted that the deputy had actually seen blood on the beach.

374
00:24:00,880 --> 00:24:01,520
Speaker 3: Are you sure?

375
00:24:01,880 --> 00:24:06,520
Speaker 1: He asked, more reasonable doubt. The DA called two of

376
00:24:06,560 --> 00:24:09,959
Speaker 1: Newton's friends to the stand. One said he thought Newton

377
00:24:10,040 --> 00:24:13,560
Speaker 1: looked worried. The morning before Dorothy was found, Newton had

378
00:24:13,560 --> 00:24:16,040
Speaker 1: told friends that he was in trouble and that they

379
00:24:16,080 --> 00:24:19,280
Speaker 1: would read about it soon. The friends were both asked

380
00:24:19,320 --> 00:24:22,320
Speaker 1: about Newton's drinking habits. Yeah, they had gone out with

381
00:24:22,400 --> 00:24:25,399
Speaker 1: him but he wasn't a heavy drinker. The DA asked

382
00:24:25,480 --> 00:24:28,800
Speaker 1: if they were heavy drinkers themselves. One of them said, no,

383
00:24:29,240 --> 00:24:32,000
Speaker 1: I can drink ten bottles of beer without getting lit up.

384
00:24:32,400 --> 00:24:36,000
Speaker 1: That was the standard, I guess. So maybe Newton did

385
00:24:36,080 --> 00:24:39,240
Speaker 1: drink a lot, and yet no one criticized him for it.

386
00:24:39,359 --> 00:24:43,800
Speaker 1: They only judged Dorothy. A friend of Dorothy's said that

387
00:24:43,920 --> 00:24:47,159
Speaker 1: Newton described himself to her as a dope fiend who

388
00:24:47,200 --> 00:24:50,440
Speaker 1: would take his mind off of Dorothy's death by using drugs.

389
00:24:50,840 --> 00:24:53,639
Speaker 1: Her friend, Sally, said he said in a day or

390
00:24:53,640 --> 00:24:57,040
Speaker 1: two he'd have something to make him forget all about it.

391
00:24:57,680 --> 00:25:00,000
Speaker 1: But Newton also told friends that he had a good

392
00:25:00,040 --> 00:25:03,600
Speaker 1: alibi for that night he was home asleep. The defense

393
00:25:03,680 --> 00:25:07,320
Speaker 1: called character witnesses and all said Newton was a good man.

394
00:25:07,960 --> 00:25:11,439
Speaker 1: Mister Nelson insinuated that the witnesses who saw Newton that

395
00:25:11,600 --> 00:25:15,240
Speaker 1: night all had bad eyesight. Plus it was at night.

396
00:25:16,040 --> 00:25:19,680
Speaker 1: The defense said that there were gangs roaming around Corpus Christie,

397
00:25:19,800 --> 00:25:24,720
Speaker 1: not far from Horansa's pass. Maybe they killed her. It's possible,

398
00:25:24,880 --> 00:25:30,960
Speaker 1: considering her reputation, the defense said. After about a week

399
00:25:30,960 --> 00:25:34,040
Speaker 1: of testimony, the judge gave his final instructions to the

400
00:25:34,119 --> 00:25:37,840
Speaker 1: jury on October thirteenth. Now it was time for them

401
00:25:37,880 --> 00:25:42,640
Speaker 1: to deliberate. The twelve men weighed all the evidence. There

402
00:25:42,640 --> 00:25:46,040
Speaker 1: were physical marks on Newton. The eyewitnesses put him where

403
00:25:46,080 --> 00:25:49,640
Speaker 1: Dorothy was that night. He was jealous. It was undeniable

404
00:25:49,680 --> 00:25:52,399
Speaker 1: that he was a drinker, and he used drugs, and

405
00:25:52,480 --> 00:25:57,520
Speaker 1: he had this unreliable alibi, and they recalled Dorothy's reputation. Also,

406
00:25:57,800 --> 00:26:01,400
Speaker 1: according to the defense, she was a high risk victim

407
00:26:02,000 --> 00:26:06,760
Speaker 1: and there were other suspects. Hours went by, with many

408
00:26:06,800 --> 00:26:11,679
Speaker 1: discussions and arguments over evidence. There was evidence that Newton

409
00:26:11,800 --> 00:26:14,680
Speaker 1: killed her, but wasn't enough in a court of law

410
00:26:14,840 --> 00:26:20,960
Speaker 1: to convict him. After twenty hours, the jury foreman approached

411
00:26:20,960 --> 00:26:25,200
Speaker 1: the judge. He said, Judge, we stand eleven to one

412
00:26:25,560 --> 00:26:28,320
Speaker 1: and don't seem to be able to agree. It was

413
00:26:28,359 --> 00:26:32,719
Speaker 1: a hung jury. One holdout was preventing a unanimous verdict.

414
00:26:33,160 --> 00:26:37,240
Speaker 1: The other eleven men agreed Newton Yorberry was a killer.

415
00:26:38,760 --> 00:26:41,639
Speaker 1: The judge pushed them to reconsider, but there was no

416
00:26:41,840 --> 00:26:46,000
Speaker 1: convincing that one jury. He believed there wasn't enough evidence

417
00:26:46,040 --> 00:26:50,119
Speaker 1: to convict Newton Yorberry. The judge had no choice and

418
00:26:50,160 --> 00:26:55,159
Speaker 1: he released the jury Newton Yorberry had been in the

419
00:26:55,200 --> 00:26:58,720
Speaker 1: stint in jail since his trial began, but on October fourteenth,

420
00:26:58,800 --> 00:27:02,600
Speaker 1: nineteen thirty one, he was released and Newton went home

421
00:27:02,640 --> 00:27:14,399
Speaker 1: to Aransas pass a freeman. When Agnes Simons heard the news,

422
00:27:14,560 --> 00:27:19,200
Speaker 1: she collapsed and she wept. Howard Simons fumed there would

423
00:27:19,240 --> 00:27:22,560
Speaker 1: have to be another trial. According to the district attorney,

424
00:27:22,720 --> 00:27:26,359
Speaker 1: this would start all over again. I'm going to go

425
00:27:26,400 --> 00:27:29,480
Speaker 1: ahead and shorthand what happened next? There was another trial

426
00:27:29,560 --> 00:27:32,840
Speaker 1: that started about six weeks later. It was essentially a

427
00:27:32,880 --> 00:27:36,560
Speaker 1: redo of the first trial. Same evidence, same witnesses, same

428
00:27:36,640 --> 00:27:40,879
Speaker 1: reasonable doubt, different jury, but there was the same result

429
00:27:41,000 --> 00:27:44,640
Speaker 1: yet again, a hung jury. This time it was much

430
00:27:44,680 --> 00:27:48,960
Speaker 1: closer seven to five to convict. Putting the victim's character

431
00:27:49,080 --> 00:27:52,760
Speaker 1: on trial had been a very effective strategy, so the

432
00:27:52,840 --> 00:27:55,760
Speaker 1: district attorney declined to demand a third trial.

433
00:27:56,480 --> 00:27:57,439
Speaker 3: It was over.

434
00:27:58,160 --> 00:28:02,320
Speaker 1: Newton Yarbery would not be charged again with killing Dorothy Simons.

435
00:28:02,840 --> 00:28:06,720
Speaker 1: After five months of pain and two trials. Dorothy's parents

436
00:28:06,760 --> 00:28:11,919
Speaker 1: were exhausted and disgusted. They were already tense and upset

437
00:28:11,960 --> 00:28:15,040
Speaker 1: and not getting along before their daughter died, But the

438
00:28:15,080 --> 00:28:18,480
Speaker 1: stress of the trials had damaged their marriage, which was

439
00:28:18,560 --> 00:28:22,480
Speaker 1: already delicate to begin with. Agnes had been traumatized by

440
00:28:22,480 --> 00:28:26,120
Speaker 1: being attacked on the stand, her daughter was gone, Howard

441
00:28:26,200 --> 00:28:30,280
Speaker 1: was sullen and angry. Their marriage was crumbling, and the

442
00:28:30,359 --> 00:28:34,080
Speaker 1: boys didn't understand any of it, and soon Joe and

443
00:28:34,160 --> 00:28:42,040
Speaker 1: David would be ripped apart from each other. The story

444
00:28:42,080 --> 00:28:45,600
Speaker 1: of Dorothy Simons and her murder has become family lore

445
00:28:45,760 --> 00:28:48,880
Speaker 1: over the past century, even if it's not talked about much.

446
00:28:49,640 --> 00:28:53,560
Speaker 1: They are all certain that Newton killed Dorothy, But why

447
00:28:53,920 --> 00:28:57,480
Speaker 1: is the big question. JB. Simons agrees with the state's

448
00:28:57,520 --> 00:29:00,640
Speaker 1: theory about what happened between Dorothy and Newton Yarbury on

449
00:29:00,680 --> 00:29:03,680
Speaker 1: the night she died, and it's really hard for him

450
00:29:03,720 --> 00:29:04,400
Speaker 1: to describe.

451
00:29:05,920 --> 00:29:08,960
Speaker 10: I don't think that he realized what he had done

452
00:29:09,640 --> 00:29:12,760
Speaker 10: until she died, she was dead. He just wanted to

453
00:29:12,800 --> 00:29:16,280
Speaker 10: scare her because I'm bigger and stronger and smarter than

454
00:29:16,320 --> 00:29:19,440
Speaker 10: you are, and you're going to do what I want

455
00:29:19,960 --> 00:29:23,000
Speaker 10: and that's just the way it's going to be. And

456
00:29:23,200 --> 00:29:25,600
Speaker 10: she basically told him to go flips in and they

457
00:29:25,720 --> 00:29:28,760
Speaker 10: flew into it. He just lost it that someone said

458
00:29:28,800 --> 00:29:31,440
Speaker 10: no to him, and that just wasn't going to work.

459
00:29:33,520 --> 00:29:37,560
Speaker 1: Two trials and no convictions. It was difficult for Dorothy's

460
00:29:37,560 --> 00:29:41,120
Speaker 1: family to accept, and many people in Rams's pass also

461
00:29:41,200 --> 00:29:45,200
Speaker 1: felt like that Michael Strain's father, Bill had investigated this

462
00:29:45,320 --> 00:29:49,080
Speaker 1: case for years. I asked Michael how Bill viewed the

463
00:29:49,120 --> 00:29:51,520
Speaker 1: outcome of Newton's two trials.

464
00:29:51,920 --> 00:29:54,320
Speaker 5: It wasn't like he ruled Yarberry out, but he was

465
00:29:54,680 --> 00:29:58,800
Speaker 5: never really convinced. Now, they almost convicted Yarberry the first trial.

466
00:29:58,840 --> 00:30:01,520
Speaker 5: I think it was eleven to one in favor of conviction.

467
00:30:01,760 --> 00:30:04,360
Speaker 5: But after that the second trial, it was like almost

468
00:30:04,480 --> 00:30:06,120
Speaker 5: split down the middle or whatever.

469
00:30:06,800 --> 00:30:09,560
Speaker 1: But Bill's knowledge of the outcome of the trials was

470
00:30:09,600 --> 00:30:13,640
Speaker 1: limited because he died before he could explore those online

471
00:30:13,680 --> 00:30:16,560
Speaker 1: newspaper databases we did.

472
00:30:16,360 --> 00:30:19,320
Speaker 5: Have in there where my grandpa had testified. Which trial

473
00:30:19,440 --> 00:30:21,240
Speaker 5: was this one? Was this the third trial in b

474
00:30:21,400 --> 00:30:23,440
Speaker 5: Ville or the second trial in b Ville trial?

475
00:30:23,840 --> 00:30:25,360
Speaker 3: And there wasn't a third trial?

476
00:30:25,440 --> 00:30:28,520
Speaker 5: Did you see that it never came they had planned

477
00:30:28,520 --> 00:30:29,479
Speaker 5: when it never happened?

478
00:30:29,480 --> 00:30:35,640
Speaker 1: In yes, I asked Michael to read from his dad's

479
00:30:35,680 --> 00:30:38,080
Speaker 1: blog about his obsession with this case.

480
00:30:39,280 --> 00:30:42,160
Speaker 5: Several times over the years, I found myself being drawn

481
00:30:42,200 --> 00:30:45,080
Speaker 5: to the memories of the Dorothy Simon's murder case. I

482
00:30:45,160 --> 00:30:48,280
Speaker 5: was later drawn to the California Black Dolia murder, which

483
00:30:48,320 --> 00:30:50,040
Speaker 5: had elements of our Dorothy in it.

484
00:30:51,400 --> 00:30:55,240
Speaker 1: After the district attorney decided against trying Newton Yorberry for

485
00:30:55,280 --> 00:30:58,760
Speaker 1: a third time, the people of Aransas Pass seemed ready

486
00:30:58,800 --> 00:31:01,880
Speaker 1: to move on. There seemed to be little pressure from

487
00:31:01,880 --> 00:31:05,880
Speaker 1: the public on the DA to pursue the case Dorothy Simons,

488
00:31:05,960 --> 00:31:08,960
Speaker 1: and the image of the young woman buried on Redfish

489
00:31:09,040 --> 00:31:14,640
Speaker 1: Bay faded, but not with her family. It must have

490
00:31:14,680 --> 00:31:17,440
Speaker 1: been so difficult for Dorothy's mother, Agnes, to feel that

491
00:31:17,520 --> 00:31:21,080
Speaker 1: the community was siding with a suspected murderer over her

492
00:31:21,120 --> 00:31:25,120
Speaker 1: grieving family, not to mention the anger and frustration she

493
00:31:25,280 --> 00:31:29,200
Speaker 1: must have felt watching Newton go free if she believed

494
00:31:29,240 --> 00:31:32,440
Speaker 1: he were guilty. I wondered if she actually feared him,

495
00:31:32,840 --> 00:31:35,320
Speaker 1: or if she feared that he would turn violent again

496
00:31:35,440 --> 00:31:39,480
Speaker 1: and harm someone else. We've talked about the possibility that

497
00:31:39,560 --> 00:31:43,320
Speaker 1: Newton might have been abusive before Dorothy was killed. We've

498
00:31:43,320 --> 00:31:46,680
Speaker 1: heard rumors that he might have acted aggressively toward her,

499
00:31:47,040 --> 00:31:49,080
Speaker 1: and if he had, what if he had done that

500
00:31:49,160 --> 00:31:54,120
Speaker 1: to other people, other women. Abusive behavior isn't just hurting

501
00:31:54,160 --> 00:32:00,200
Speaker 1: someone physically defining domestic violence can be more complicated. I've

502
00:32:00,240 --> 00:32:04,040
Speaker 1: spoken with domestic violence Court Judge dimple Mahultra about several

503
00:32:04,080 --> 00:32:05,800
Speaker 1: different cases I've covered.

504
00:32:05,880 --> 00:32:10,000
Speaker 11: First, starting with violence between young people? Is it more

505
00:32:10,040 --> 00:32:12,600
Speaker 11: prevalent than what we see? I mean, do I need

506
00:32:12,680 --> 00:32:15,880
Speaker 11: to be concerned about my daughters hiding things from me?

507
00:32:16,000 --> 00:32:17,800
Speaker 3: Do you see that and accord it all.

508
00:32:17,840 --> 00:32:19,800
Speaker 12: I do see a number of young people coming in

509
00:32:19,840 --> 00:32:22,960
Speaker 12: and applying for protective orders. I do see a number

510
00:32:23,040 --> 00:32:26,840
Speaker 12: of young people who are victims of domestic violence. And

511
00:32:26,920 --> 00:32:29,320
Speaker 12: I don't know that it's more prevalent. I think domestic

512
00:32:29,360 --> 00:32:32,120
Speaker 12: violence is just prevalent. We don't talk about it with

513
00:32:32,440 --> 00:32:36,480
Speaker 12: our young people. We don't educate them about red flags.

514
00:32:37,280 --> 00:32:40,680
Speaker 12: What we don't realize is that batterers are able to

515
00:32:40,760 --> 00:32:44,320
Speaker 12: obtain as much control in the relationship because they are

516
00:32:44,360 --> 00:32:47,680
Speaker 12: able to manipulate and be charming and have this outward

517
00:32:47,760 --> 00:32:50,880
Speaker 12: facade of this person who is calm and with it

518
00:32:51,000 --> 00:32:51,560
Speaker 12: and together.

519
00:32:52,400 --> 00:32:55,400
Speaker 1: Judge Multra brings up a good point. Signs of domestic

520
00:32:55,480 --> 00:32:58,040
Speaker 1: violence can be very difficult to pinpoint.

521
00:32:58,680 --> 00:33:01,480
Speaker 12: What might be happening in that relationship is that the

522
00:33:01,560 --> 00:33:05,080
Speaker 12: victim is being isolated from her friends, and family. She's

523
00:33:05,240 --> 00:33:07,520
Speaker 12: being abused verbally and emotionally.

524
00:33:08,000 --> 00:33:11,760
Speaker 1: This is dangerous, sometimes deadly behavior that can be so

525
00:33:11,920 --> 00:33:16,120
Speaker 1: insidious it's almost like it's hiding in plain sight. If

526
00:33:16,160 --> 00:33:19,600
Speaker 1: only Dorothy had kept a diary or confided in someone

527
00:33:19,720 --> 00:33:22,760
Speaker 1: who could speak about their conversations. As far as I

528
00:33:22,760 --> 00:33:25,200
Speaker 1: can tell, only a few of her close friends had

529
00:33:25,240 --> 00:33:28,560
Speaker 1: been witnesses at the trial. If Newton had abused her,

530
00:33:28,720 --> 00:33:31,840
Speaker 1: maybe she confided in them, or maybe she tried to

531
00:33:31,920 --> 00:33:35,600
Speaker 1: hide signs of abuse like bruises, so no one would

532
00:33:35,640 --> 00:33:39,840
Speaker 1: know how threatening Newton Orbery really was. I certainly got

533
00:33:39,880 --> 00:33:44,800
Speaker 1: the impression that Newton had an abusive personality. I want

534
00:33:44,840 --> 00:33:46,960
Speaker 1: to go back to Bill Strain at this point. I

535
00:33:47,000 --> 00:33:49,600
Speaker 1: feel like I've learned a fair amount about him from

536
00:33:49,640 --> 00:33:52,600
Speaker 1: all that he's written, and from my excellent conversations with

537
00:33:52,680 --> 00:33:55,840
Speaker 1: his son Michael and his wife Sherry. Bill wrote something

538
00:33:55,880 --> 00:33:58,920
Speaker 1: interesting in his blog. It's a clear reminder of how

539
00:33:58,960 --> 00:34:03,040
Speaker 1: dedicated he was, how hard he worked voluntarily to solve

540
00:34:03,200 --> 00:34:07,480
Speaker 1: Dorothy's murder. After my retirement, I began the job of

541
00:34:07,600 --> 00:34:11,640
Speaker 1: researching Dorothy's murder and ran immediately into a blank wall.

542
00:34:12,200 --> 00:34:16,160
Speaker 1: The county clerk adamantly refused to look for the trial transcript.

543
00:34:17,000 --> 00:34:20,000
Speaker 1: My oldest son, Michael, and I planned a research trip

544
00:34:20,080 --> 00:34:22,680
Speaker 1: to cover the areas of the Rio Grande Valley where

545
00:34:22,680 --> 00:34:26,440
Speaker 1: he spent his public school years, and then onto Ramsa's Pass,

546
00:34:26,480 --> 00:34:29,759
Speaker 1: where we found a gold mine of information with the

547
00:34:29,800 --> 00:34:33,880
Speaker 1: people at the Aransas Pass progress. After we returned, I

548
00:34:33,920 --> 00:34:37,040
Speaker 1: felt like I had been fulfilled. I even think I

549
00:34:37,080 --> 00:34:43,560
Speaker 1: felt Dorothy smile. Over the course of my investigation, this

550
00:34:43,680 --> 00:34:46,080
Speaker 1: case continues to stand out as one of the most

551
00:34:46,239 --> 00:34:49,440
Speaker 1: challenging I've ever covered. There are three main reasons for that.

552
00:34:49,880 --> 00:34:53,080
Speaker 1: One is the convoluted murder mystery that still needs to

553
00:34:53,080 --> 00:34:56,520
Speaker 1: be solved. Will dig deep into that in our next episode.

554
00:34:56,880 --> 00:35:00,759
Speaker 1: The second reason is that generational impact Dorothy murder has

555
00:35:00,840 --> 00:35:04,200
Speaker 1: had on so many people in the Simon's family. I've

556
00:35:04,200 --> 00:35:06,840
Speaker 1: been talking about that over the course of our entire season,

557
00:35:07,200 --> 00:35:11,680
Speaker 1: and my final conclusion is going to include some big revelations.

558
00:35:12,719 --> 00:35:15,879
Speaker 1: Another major concern that's stuck with me from day one

559
00:35:16,160 --> 00:35:19,920
Speaker 1: is an obsessive undertone that drives this whole investigation. It's

560
00:35:19,960 --> 00:35:23,400
Speaker 1: impossible to ignore that Bill Strain was all but consumed

561
00:35:23,480 --> 00:35:28,080
Speaker 1: by memories of Dorothy Sherry Strain reflected on her husband's attachment.

562
00:35:28,840 --> 00:35:32,799
Speaker 6: He had a crush on Dorothy. She was beautiful, and

563
00:35:33,280 --> 00:35:36,239
Speaker 6: she spent time with him, and he was a four

564
00:35:36,360 --> 00:35:40,480
Speaker 6: year old boy, and she was wonderful. And then to

565
00:35:40,920 --> 00:35:44,560
Speaker 6: just think about what happens when all of a sudden, Yeah,

566
00:35:44,600 --> 00:35:47,520
Speaker 6: she just yanked out of his life. And I'm sure

567
00:35:47,600 --> 00:35:51,040
Speaker 6: that it was the topic of conversation. And it was

568
00:35:51,080 --> 00:35:54,760
Speaker 6: a very small town, and certainly nothing like that. Things

569
00:35:54,840 --> 00:35:56,879
Speaker 6: like that don't happen regularly.

570
00:35:57,600 --> 00:36:01,000
Speaker 1: Michael Strain offered to read an excerpt of father's blog.

571
00:36:01,640 --> 00:36:03,960
Speaker 5: In the not too distant future, there will be no

572
00:36:04,000 --> 00:36:06,879
Speaker 5: one alive that even remembers Dorothy or Newton, and at

573
00:36:06,880 --> 00:36:09,959
Speaker 5: that time, the inclination to do research will no doubt end.

574
00:36:10,000 --> 00:36:13,040
Speaker 5: With the realization that my work was basically over. I

575
00:36:13,080 --> 00:36:16,480
Speaker 5: found it difficult to continue the last segment of this story.

576
00:36:16,719 --> 00:36:19,760
Speaker 5: It was almost as if I subconsciously wanted the project

577
00:36:19,800 --> 00:36:22,680
Speaker 5: to continue, that somehow I would be a less vital

578
00:36:22,840 --> 00:36:25,799
Speaker 5: entity when the project was over. I know the obsession

579
00:36:25,840 --> 00:36:28,319
Speaker 5: has ended, and so we wind down the story of

580
00:36:28,360 --> 00:36:30,400
Speaker 5: a tragic waste of a beautiful life.

581
00:36:31,280 --> 00:36:32,840
Speaker 3: This line, I think is so interesting.

582
00:36:32,960 --> 00:36:36,319
Speaker 11: Somehow I would be a less vital entity when the

583
00:36:36,360 --> 00:36:37,160
Speaker 11: project was over.

584
00:36:37,200 --> 00:36:38,080
Speaker 3: What do you think that was?

585
00:36:38,440 --> 00:36:40,799
Speaker 5: As my dad was writing up, I was thinking, if

586
00:36:40,840 --> 00:36:43,800
Speaker 5: a really good writer researched this and put it together,

587
00:36:43,880 --> 00:36:46,799
Speaker 5: it could be a story for Texas Monthly or something, right,

588
00:36:47,200 --> 00:36:49,360
Speaker 5: But the way my dad wrote it was more it

589
00:36:49,480 --> 00:36:51,600
Speaker 5: was a story about it, but a story about him

590
00:36:51,680 --> 00:36:54,040
Speaker 5: and a story about the time, and it was kind

591
00:36:54,080 --> 00:36:56,680
Speaker 5: of better that way. I think my dad was saying

592
00:36:56,719 --> 00:36:58,800
Speaker 5: that while he was working on this in research and

593
00:36:59,000 --> 00:37:02,239
Speaker 5: he found gave his life meaning and in a way

594
00:37:02,280 --> 00:37:04,759
Speaker 5: that he didn't fully understand, and that you know, when

595
00:37:04,760 --> 00:37:06,600
Speaker 5: it was time to wrap it up, that there was

596
00:37:06,640 --> 00:37:09,200
Speaker 5: a little grief involved in that, that somehow he would

597
00:37:09,200 --> 00:37:12,040
Speaker 5: be less have less purpose in life now that this

598
00:37:12,200 --> 00:37:12,919
Speaker 5: is wrapped up.

599
00:37:13,600 --> 00:37:16,440
Speaker 11: Letting go of Dorothy All yeah, yeah, and that was

600
00:37:16,440 --> 00:37:17,359
Speaker 11: probably pretty sad.

601
00:37:17,560 --> 00:37:17,799
Speaker 10: Sure.

602
00:37:20,200 --> 00:37:22,560
Speaker 1: I've spent a lot of time reading through Bill Strain's

603
00:37:22,560 --> 00:37:25,640
Speaker 1: blog looking for subtle information that might point to the

604
00:37:25,719 --> 00:37:29,440
Speaker 1: killer's identity. Not that Bill knew the truth, but he

605
00:37:29,560 --> 00:37:33,040
Speaker 1: must have felt that someone was guilty beyond all others.

606
00:37:33,640 --> 00:37:36,280
Speaker 1: I asked Michael Strange to read one more interesting section

607
00:37:36,360 --> 00:37:38,600
Speaker 1: aloud about Dorothy's younger brother David.

608
00:37:39,800 --> 00:37:41,360
Speaker 3: Okay, you want to start down at the bottom of

609
00:37:41,440 --> 00:37:42,200
Speaker 3: David was okay.

610
00:37:42,760 --> 00:37:45,720
Speaker 5: David was the older of the two. He looked like Dorothy.

611
00:37:45,800 --> 00:37:49,080
Speaker 5: He was small, brunette and very active. I remember David

612
00:37:49,200 --> 00:37:51,040
Speaker 5: saying when I grow up, I'm going to kill that

613
00:37:51,120 --> 00:37:53,640
Speaker 5: Newton Yardberry because of what he did to my sister.

614
00:37:55,160 --> 00:37:57,520
Speaker 1: That's a bold statement and a direct threat.

615
00:37:58,120 --> 00:37:58,359
Speaker 5: JB.

616
00:37:58,520 --> 00:38:02,160
Speaker 1: Simons isn't surprised at all to hear this about his uncle.

617
00:38:02,680 --> 00:38:04,799
Speaker 10: Well, David wanted to kill a lot of people, so

618
00:38:04,880 --> 00:38:06,960
Speaker 10: that's not an uncommon comment from him.

619
00:38:07,960 --> 00:38:10,640
Speaker 1: Maybe David Simons was an angry man with a lot

620
00:38:10,640 --> 00:38:13,520
Speaker 1: of grudges, but it sounded as if he were singling

621
00:38:13,520 --> 00:38:17,000
Speaker 1: out Newton for murdering Dorothy and that he wanted revenge.

622
00:38:17,560 --> 00:38:22,359
Speaker 1: But why was David so angry? Dorothy's family was traumatized

623
00:38:22,360 --> 00:38:24,840
Speaker 1: by her death, and what happened to them in the

624
00:38:24,920 --> 00:38:38,799
Speaker 1: nineteen thirties was almost as tragic as Dorothy's murder. On

625
00:38:38,840 --> 00:38:42,000
Speaker 1: the final episode of this season of tenfold More wicked

626
00:38:42,040 --> 00:38:42,960
Speaker 1: on exactly right.

627
00:38:44,440 --> 00:38:47,440
Speaker 8: If she heard someone putting Dorothy down, that would have

628
00:38:47,480 --> 00:38:49,080
Speaker 8: been the bottom for her.

629
00:38:49,640 --> 00:38:50,279
Speaker 3: He'd beat on.

630
00:38:50,320 --> 00:38:53,200
Speaker 5: Her too, He would beg him to stop, and it

631
00:38:53,360 --> 00:38:55,560
Speaker 5: was like it was just water off his back.

632
00:38:55,680 --> 00:38:57,520
Speaker 3: We thought he was going to shoot her with a rifle.

633
00:38:57,719 --> 00:38:59,160
Speaker 3: He had it out the most.

634
00:39:00,480 --> 00:39:02,560
Speaker 2: Did you get the impression that he felt like he

635
00:39:02,640 --> 00:39:04,720
Speaker 2: made any headway on that case?

636
00:39:05,320 --> 00:39:08,399
Speaker 6: I didn't knows around much as I think of it,

637
00:39:08,480 --> 00:39:11,880
Speaker 6: He's always kind of had a little bit of a

638
00:39:12,120 --> 00:39:17,680
Speaker 6: secretive side where I'm concerned and I don't know why.

639
00:39:20,560 --> 00:39:22,920
Speaker 1: My new book, All That Is Wicked is available for

640
00:39:23,040 --> 00:39:26,480
Speaker 1: pre order now, including the audiobook. All That Is Wicked

641
00:39:26,520 --> 00:39:29,200
Speaker 1: is based on our first season of tenfold More Wicked.

642
00:39:29,600 --> 00:39:31,960
Speaker 1: You might think you know the whole story of Killer

643
00:39:32,080 --> 00:39:35,640
Speaker 1: Edward Ruloff's crimes, but there's so much more. My book

644
00:39:35,640 --> 00:39:40,520
Speaker 1: American Sherlock is also available. This has been an exactly

645
00:39:40,600 --> 00:39:45,000
Speaker 1: right tenfold More media production producers Jason Whaling, Laura Soble,

646
00:39:45,200 --> 00:39:48,520
Speaker 1: and Alexis m Rossi. Co writers Laura Soble and Kate

647
00:39:48,560 --> 00:39:53,400
Speaker 1: Winkler Dawson, sound designer Eric Friend, composer Curtis Heath, artwork

648
00:39:53,560 --> 00:39:58,960
Speaker 1: Nick Toga. Executive producers Georgia Hartstark, Karen Kilgarriff and Daniel Kramer.

649
00:40:00,800 --> 00:40:04,000
Speaker 1: Follow us on Instagram and Facebook at tenfold More Wicked

650
00:40:04,080 --> 00:40:06,960
Speaker 1: and on Twitter at tenfold More And If you know

651
00:40:07,040 --> 00:40:10,080
Speaker 1: of a historical crime that could use some attention. Email

652
00:40:10,160 --> 00:40:15,319
Speaker 1: us at info at Tenfoldmorewicked dot com. Listen, subscribe and

653
00:40:15,440 --> 00:40:19,000
Speaker 1: leave us a review on Amazon Music, Apple Podcasts, or

654
00:40:19,040 --> 00:40:22,319
Speaker 1: wherever you get your podcasts and don't forget. You can

655
00:40:22,360 --> 00:40:26,560
Speaker 1: hear every episode one week early and ad free by

656
00:40:26,560 --> 00:40:29,440
Speaker 1: subscribing to Wondryplus in the Wondery app