August 1, 1927 Rome Sentinel, Rome, Oneida County, New York
Chauncey Carpenter is shot and killed in
row over wire line fence-
Three Charges of Shot Enter Body-
Wire Cutters Slip from Hand of Dead Man
–
Ralph C and Jay L Kilbourne are Charged
with Murder -
One man dead and two brothers are held for
murder, first degree, is the culmination of a line fence dispute between
neighbors in the eastern part of the city of Rome. George Chauncey
Carpenter is dead and Ralph and Jay Kilbourn are charged with the crime.
The shooting took place shortly after
10 o’clock Sunday night on the road leading from the Floyd avenue road
to the River road. They location is near the Kilbourn Corners.
The brothers claimed justification
for their act and claimed that they caught Carpenter in the act of cutting
a wire fence. Four shots were fired and shot from three took effect.
In a seven-inch circle on Carpenter’s left breast there were 52 wounds
from shot pellets. The left side, just above the hip, was punctured by
several shot and a number of the pellets entered the left leg at the ankle.
Trouble of Long Standing
The line fence between the Carpenter
and Kilbourn farms has been disputed for a long time. During the past year
there has been a constant argument back and forth between the Kilbourn
brothers and Carpenter.
The Kilbourn brothers stated that on
June 23 last Carpenter strung a line of barbed wire fencing across the
Kilbourn property, cutting off a 30-foot section of the garden. State
Troopers were notified and Carpenter was arrested for trespass and had
a trial by Jury in City Court. He was found not guilty.
The brothers say that ever since the
above time there has been trouble. Fences have been cut and farm machinery
left out of doors has been damaged and broken. This included a mowing machine,
harrow and hay loader. Fences were repaired and cut again. This work was
done during the night time.
Recently Deputy Sheriffs Harry Scott
and Charles Hodierne spent a night in this vicinity watching for any one
damaging property, but nothing occurred that night. State Troopers have
also watched, but to no success.
On July 27 the Kilbourn brothers went
to the police station and reported matters and Detectives O’Brien and Nero
investigated.
Fence Cut Sunday Night
Sunday evening the Kilbourn brothers
lay in wait in the garage of Ralph Kilbourn. About 10 o’clock the sounds
of a wire cutter at work cutting fence wire was heard. The brothers both
armed. Ralph with a single barrel shot gun and Jay with a double barreled
gun, ran out from the garage. They flashed the beam of light from a flashlight
on the person at the fence and called for him to stop. The man, who later
turned out to be Carpenter, ran toward his home.
The Shooting
The shooting then began. One charge
of shot was fired from near the garage toward the fence, A part of this
charge struck a maple tree, 18 inches in diameter. On the side of the tree,
next to the fence were seven marks of shot on the front side were the marks
of 20 pellets .
Both chased Carpenter and fired at
him. Ralph stopped and reloaded his gun. Carpenter was hit by three of
charges of shot fired at him. He fell on his back just at the southerly
edge of the road 80 paces eastward of Ralph Kilbourn’s garage.
Police Notified
Following the shooting Jay Kilbourn
telephones to the Rome police. Capt. Bowes, Officer Shannon, Chauffeur
Belins and H. L. Leonard responded with the ambulance. Carpenter was dead
when the officers arrived. Close by Carpenter’s right hand was found
a pair of wire cutters. In the center of the roadway, about 30 feet toward
Ralph Kilbourn’s garage the police found an empty shot gun shell where
the officers believe Ralph reloaded his gun. Dr. H. J. Teller, corner,
was notified and gave the body in charge of Undertaker Charles Hall. The
remains were removed to Mr. Hall’s funeral parlors.
Guides Officers to Scene
After telephoning to the police Jay
Kilbourn waited in front of his home and guided the police to the spot
where the body lay.
Carpenter Made Threats
The line fence, in dispute, has been
in position for 25 years or more. Recently when Carpenter stretched the
fence across the Kilbourn property, Carpenter is alleged to have told William
Hurlburt of Floyd, father-in-law of Ralph Kilbourn, that if Ralph Kilbourn
cut down the fence, he (Carpenter) would shoot Ralph.
Shots Fired at Night
The Kilbourn brothers say that their
wives and children have been in fear of their lives nights for some time
on account of shots being fired toward their homes. These shots, charges
of shot from a shotgun, came from the direction of the Carpenter farm,
they say. They were fired anywhere from 11 o’clock p. m., to 2 a. m.
Recently during the daytime a charge of shot was fired toward Ralph Kilbourn’s
house while members of the family were out of doors. These shotpellets
struck the leaves and branches of a tree over their heads. The shot, they
say, came from the direction of the Carpenter farm.
Wads and Empty Shell
This forenoon two felt shot gun wads
were picked up near where the body lay. One lay near the blood spots and
the other in the center of the road opposite the blood spots. Between this
point and the garage at various distances two more of these felt wads were
found, also several of the paper wads from the shot gun shells. An empty
shot gun shell was found in the grass at the edge of the road in front
of the garage of Ralph Kilbourn.
Fence Patched and Cut
The spot where Carpenter is alleged
to have been discovered cutting the fence in on the Ralph Kilbourn farm
at the junction of the line fence. Both properties cross the road. This
same procedure took place on both sides of the roadway. On either side
may be found four strands of old wire, which was cut, also 11 strands of
new wire which had been cut on each side of the road. There were pieces
of both new and old wire cut out and thrown on the ground. When the
Kilbourn brothers were brought to the police station they were questioned
about the case by Assistant Chief of Police S. H. Beckwith, who took statements
from each one.
Brothers Charged With Murder
The police detained the Kilbourn brothers
and brought them to the police station. Here both made statements admitting
the shooting. They gave many of the details, similar to those given above.
They were then charged with murder, first degree, and locked up in the
police station for the night.
Arraigned in Court
Both District Attorney Charles L. DeAngelis
of Utica and Assistant District Attorney Frank S. Baker of this city are
out of the city and Assistant District John J. McGinty of Utica was notified
and came to this city this morning to take charge of the case. Joseph D.
Sewell, confidential clerk in the district attorney’s office, also came
here this forenoon. The Kilbourn brothers were arraigned in City
Court shortly before noon. They were represented by Hon. M. J. Larkin.
Through Mr. Larkin they entered a plea of not guilty to the charge of first
degree murder and demanded an immediate examination. This was set for Friday
at 10 a.m. as Mr. McGinty had other engagements and could not be here sooner.
The brothers were taken to the Rome Jail to await this examination.
Carpenter
Native Roman
George Chauncey Carpenter, 63, native
Roman, was born in the house where he resided at the time of his death.
He was a son of the late David C. and Lovina Lawrence Carpenter. He resided
in the town of Floyd for a short time. During his younger life he taught
school in rural schools in Rome, Floyd and other towns. For several years
he conducted the 60-acre farm where he resided. He never married. He is
survived by one sister, Mrs. George W. Murphy, 208 N. George Street, this
city and one brother, Welcome Carpenter, who resides about one-half mile
away on the 52-acre section of the old Carpenter farm.
Copyright©2000
All Rights Reserved
Betty McCulloch