Jason Green's Alabama Roots Website!
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Thanks for visiting my website. Here I intend to document family history as well as I am able. However, family history is never about just one person and the intention is for many family members to collaborate and contribute.
To begin, I am going
to transcribe some important documents from the
President of The First National Bank of Opp shot by William Dee Benton
My grandfather, Henry
Dee Benton was an important figure in the history of Opp
and a member of the Opp Hall of Fame. This is in spite of the fact that he had to
overcome a great social stigma at a young age.
This stigma resulted from a tragic event where on
Until recently, I never understood much about this event, other than the effect it had on the lives of my mother and her sisters. Now, unfortunately after my grandfather has passed, I have some information that will help me understand the forces that shaped his life. I love and respect my grandfather and have no intention of doing anything other than honoring his memory. The reason I am making the results and progress of my research publicly available is to share with family and obtain help from others in compiling complete and accurate information.
Let’s start with Jacob Benton, my Great-Great Grandfather,
owner of
Notes from review of transcriptions of the Andalusia Times:
“Jacob Benton and Brother, John Benton of Opp was in
-Frank Mizell ,
cashier of the First National Bank shot Jacob Benton.
I had never heard that Frank Mizell had shot Jacob Benton before seeing it reported in the Andalusia Times. However, when reviewing a family file, I came across a 1907 agreement between Frank Mizell and Jacob Benton “settling” the damages.
1907 Agreement between Jacob Benton and the Mizell's
Image of 1907 Agreement between Jacob Benton and the Mizells
Note: Frank Mizell had at least one other
shooting instance:
Ed STAMPS shot & killed by Frank MIZELL at Samson Wednesday. Mizell is mayor of
Samson. Stamps was soon to be married to young women
in
The jury in the trial of Frank Mizell
charged with the murder of Edwin Stamps, at Samson, in 1912, after three days
and a half deliberations reported to the court last Monday that they were
unable to agree on a verdict and were discharged.
Jacob Benton of Opp passed through
Friday night on his way home from
Foreclosure on Mortgage executed on 17th February 1904 by W.W. Sexton, Sallie E. Street , and Lucy Parish to Mizell & Benton Bros. filed and recorded in Covington Co.,Ala. October 10, 1907 J.A. Vaughn, Transferee.
THE OKALOOSA MESSENGER,
After his father,
Jacob Benton died, William Dee Benton or “Big B” as he
was known to the family, took control of Benton Mercantile Company
William Dee Benton
shot Charles Wesley Mizell about
Transcript of Petition for Writ of Certiorari in the Supreme Court of Alabama
This Appeal mostly deal with the technical appeal points for the ruling of the lower Court of Appeals. It is interesting to note the grounds for the appeal including claims of jury fraud (F.J. Mizell, the nephew of C.W. Mizell was in the jury box), the admission into evidence of a lunacy report from Bryce State Mental Hospital without cross-examination or deposition of the physicians that wrote the report and the closing remarks of the prosecuting attorney that included a statement that there was no difference between the abuse of alcohol and the over dosage of bromide. It was also claimed that an attorney, A. A. Smith, with ties to the Mizell family, participated in the proceedings of the grand jury that returned an indictment of William Dee Benton.
Attached to this Petition is the Petition to the Court of Appeals, which provides many details including witness accounts and of course, the detail of the defense strategy.
Currently working on a transcription of this Petition
Progress
to date on transcription of Court of Appeals Petition
April 25, 1935 Article on Charles Wesley Mizell in The Opp Weekly News - Covington Progress Edition
Scan of C. W. Mizell article 1935
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