Vaught, Stiles, & Bates
Le Flore
County, Oklahoma
Date of Alleged Crime: August 18, 1907
In the fall of 1907, a human skeleton was found in a wooded
area, about 3/4 of a mile from the nearest road. The nearest human
habitation was the Bates sawmill, about four miles away, near the town of
Heavener. Not long before, in August, an employee of the mill named
Bud Terry had mysteriously disappeared. Terry was in his early
twenties. His aunt, Mrs. Knotts, with whom he lived, had heard nothing
from him since his disappearance. Knotts had raised Terry since he was
orphaned, and it was Terry's custom to keep her informed whenever he left
home for any length of time. There was suspicion that W. L. Bates, the
owner of the sawmill, and his employees knew more about the Terry's
disappearance than they were willing to admit.
Terry belonged to an Odd Fellows Lodge and had a $1,000 life insurance
policy through it, payable to Mrs. Knotts. The Lodge and Mrs. Knotts
made a wide search for him, including extensive advertising.
However, the search proved fruitless and the Lodge, being satisfied of
Terry's death, paid the insurance.
In Nov. 1909, Sam Swider, who had worked part-time at the sawmill, was
convicted of larceny and sentenced to five years in the Oklahoma State
Penitentiary. In the fall of 1911, Swider met with the prison warden
and told him that he saw a sawmill employee named Millard Vaught kill Terry.
According to Swider, Bates and another employee named Will Stiles assisted
Vaught. After having talked with Swider, another former sawmill
employee, Louis McKibben, backed up Swider's story.
According to Swider, Bates confronted Vaught for telling people that he,
Vaught, had being going around with Bates's wife. Vaught denied the
accusation, but Bates stated that Terry had informed him of Vaught's tales.
Vaught then confronted Terry, who admitted what he had done. The two
got into an altercation. Bates and Stiles actively took sides with
Vaught. Vaught then hit Terry repeatedly with a piece of lumber,
crushing his skull, after which he died. The three participants then
moved Terry's body to the place where the skeleton was found, making the
location look like a hobo camp so no one would think the victim was a local
person. The three also threatened to kill Swider and McKibben if they
ever revealed what they saw.
Vaught, Stiles, and Bates were arrested. Since Terry's killing
allegedly occurred three months before Oklahoma became a state, they were
indicted and tried under Arkansas law, which prevailed in the territory
prior to Oklahoma statehood. Because the statute of limitations for
manslaughter had expired, the three were tried for premeditated killing
(murder), as they could not be charged with unpremeditated killing
(manslaughter). At trial, the found skeleton was presented along with
compelling testimony that the skeleton was that of Bud Terry. Swider
testified to witnessing the killing, and McKibben corroborated his testimony
in every detail. The defendants, however, presented strong alibis,
particularly Vaught, whose alibi would normally be regarded as
insurmountable. The jurors became deadlocked, resulting in a mistrial.
The trial judge interviewed members of the jury and found that jury
entertained no doubt that the defendants had killed Terry. Their
disagreement was due to jurors believing that the defendants were guilty of
manslaughter rather than murder.
Stiles then successfully demanded that his case be severed from his
co-defendants, and he was retried alone. With virtually the same
evidence, a jury acquitted him. When interviewed, the jurors reported
a unanimous opinion that Stiles, Vaught, and Bates had killed Terry.
However, by following the judge's instructions, they could only find him
guilty of manslaughter rather than murder, and consequently they could not
convict him. Since there was no reasonable probability of convicting
Vaught and Bates of murder, the charges against them were dismissed.
Despite the acquittal and dropped charges, the defendants, particularly
Bates, were incensed and began an unremitting search for Terry. The search
never yielded a result, but fate would eventually intervene. A man
named R. E. McClelland of Los Angeles, California, had two brothers in Le
Flore County, Oklahoma, who had informed him of the disappearance of Bud
Terry and of the trials of Vaught, Stiles, and Bates for his murder.
Years later, in July 1917, McClelland became an inmate at Los Angeles County
Hospital where he met Bud Terry, also an inmate. McClelland told Terry
of the events that transpired in Oklahoma. Terry immediately wrote to
McClelland's brothers and others in Oklahoma, giving an account of his
wanderings after leaving Oklahoma. Bates learned of these letters,
located Terry, and arranged for his return to Le Flore County.
Because Swider and McKibben had been absent from Oklahoma for much of the
time since giving their testimony, the statute of limitations for their
perjury had not expired. When both were confronted by Terry, the two
confessed that all their testimony was fabricated. Both pleaded guilty
to perjury and each was sentenced to 25 years of imprisonment. [12/07]
Reference: Convicting
the Innocent
Posted in:
Victims of the State,
Oklahoma Cases, Victims
Found Alive