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Sheriff John R. McFadden was not content with the jury's verdict.
After the trial, he convinced Ruth to talk, to tell her side of
the story, an opportunity she shamefully had not been given in
court. . As head of the jail where she was brought when extradited
back from Los Angeles, he had heard her initial self-defense story
the night she was brought in -- a story so simple yet blown out of
proportion and rebuilt in the meantime by others. Over the months as
she sat in his cells, he and his wife often visited her, extending
her kindness, listening to her informally describe that bloody
evening of October 16, 1931. On his own, McFadden had investigated
elements of the crime, and from the sidelines he watched those
elements disregarded by the state; and his conscience bothered him.
He felt that he needed to do something to save the accused from the
burning stake. He made a last-ditch effort to, metaphorically, douse
the fires the witch hunters had ignited.
In the shadow of the gallows, her execution less than two months
away, Ruth was brought from her cell at the state prison and placed
at a table among several witnesses whom McFadden had gathered to
listen to her. His aim was to bring the transcript to the grand jury
to force a fresh hearing. He believed he could do it. Around that
table that evening of December 18, 1932, were, besides Ruth and
Sheriff McFadden, Oliver Willson, Ruth's new lawyer; William
Delbridge, the prison warden; Jeff Adams, one of McFadden's
deputies; and a court stenographer.
And she talked...
*****
Whatever method McFadden used to convince the grand
jury to listen – Judd biographer Jana Bommersbach suggests he
might have even threatened to arrest Jack Halloran himself -- he was
successful. The efforts given by the convening grand jury proved to
be not just another sideshow, but a body of jurors interested in
American Justice. On the stand, Ruth related the entire story, the
way it happened: the argument... the fight...the attack on her
person...the gunshots...the deaths...Jack Halloran's admitted
"operation" on Sammy Samuelson...her flight to Los
Angeles, funded by Halloran.
Van Beck, one of the jurors, in recalling the case, remembers how
the courtroom was "spellbound" as it heard, for the first
recorded time, an altogether new version of the crime, new
revelations spilling out of Winnie Ruth's mouth, revelations that
not only made sense, but were traceable to a source of truth.
"We didn't believe it was cold-blooded murder," he
summarizes. "We felt positive she was unable to cut up the
body. We were told it took a professional...Most people in the
valley knew other people were involved in this crime, but there was
nothing they could do -- the other s involved were prominent married
men."
Then, two amazing things happened. Not only did the grand jury
request that the Parole Board commute her death sentence to life
imprisonment – it was manslaughter, it said, not premeditated
murder -- but it also attempted to lighten Ruth's term further by
bringing in someone who could support her story. It indicted Jack
Halloran. McFadden eagerly volunteered to deliver the subpoena
personally.
The Parole Board chose not to make a decision concerning Ruth's
death sentence until it heard the results of the Halloran hearing,
although it postponed the execution to Friday, April 14. In
mid-January, "Happy Jack" appeared in court to a
tremendous popping of flashbulbs and scratch-scratch-scratch of
scores of reporters' cartridge pens recording everything from his
expression to the flashy necktie he wore.
On the stand, Ruth re-told the story of Jack's abetting, but this
time she often lost herself to hysteria when she saw her former
lover's sneers. His presence in the courtroom was lethal, and his
intimidating manner not discouraged by the court. During testimony,
the defendant would begin crying hysterically and, instead of
answering questions, would rush off into a string of epithets. The
horrors she was re-living were aggravated by the appearance of the
victor who gazed at her in triumph.
The proceeding showed the system had little sympathy for Ruth.
Again, after hearing her testimony, frenzied maybe but considerable
nonetheless, it freed Jack of all involvement in the case. Judgment,
said the court, was based on the fact that the woman's eccentric
manner and personal involvement with her one-time lover spoke of a
personal vendetta. No one ventured further investigation nor was
Jack brought to the stand; his lawyers spoke for him; and on January
24, "Happy Jack" sauntered out never to be pulled back
into this mess again.
Ruth returned to death row to die.
But, the final hearing had not been a total waste, for it spurred
public sentiment like never before, especially in Arizona. The
public simply believed she was innocent. McFadden had stirred the
nation's – and in particularly – the state's conscience. Local
newspapers began asking questions. The largest paper in the Arizona,
the Republic, headlined McFadden's doubts.
The new warden of Arizona State Prison, A.G. Walker, intervened
– probably not without a "reassuring wink from the
governor," says Bommersbach – and pleaded for an insanity
hearing for his prisoner. It would mean, most likely, a life-term
stay at an institution, but it was better than watching the lady
being executed.
"There is good reason to believe that (Judd) has become
insane after the delivery...to the superintendent of the Arizona
State Prison," Walker wrote to the parole commission. If the
McFadden/Walker faction was suddenly pulling strings, at least they
had learned that to beat a game one had to play as rough as the
opponent. As if to get this business over with – Arizona's
reputation and its judicial system were on the firing line – the
state agreed to a sanity hearing, which convened almost overnight in
Pinal County Courthouse, near the prison. It opened on April 14, the
day Ruth would have died. About the hour she had been destined to
enter the execution chamber she instead shuffled into the county's
courthouse.
This time, Ruth's newly appointed defense team maneuvered well;
one of them was a young, brilliant attorney named Tom Fullbright,
who would go on to become one of the state's most honored – and
honest -- jurists.
What happened over the next ten days was, speculatively, much of
a staged show, rehearsed by the "good guys." Their efforts
may have been effected, on the surface, for the benefit the
governor, but they were most assuredly done for the woman, Winnie
Ruth Judd.
"(The) sanity hearing began. Winnie laughed uproariously,
clapped her hands and, at one time, rose up and said of the jury,
'They're all gangsters!'" Jay Robert Nash explains the
theatricals in Bloodletters and Badmen. "Another time,
she said loudly to her husband, William C. Judd: 'Let me throw
myself out that window!'
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Moving to the asylum with her pet cat
(Courtesy the Relfe family) |
"In desperation, Winnie's mother (took) the stand to state
that insanity ran through her family like a wild river. Then,
Winnie's father...rattled off numerous...loonies in his family
tree."
Eventually, the defendant was pulled from the courtroom, but, as
Nash replies, "Winnie won". On April 24, 1933, Ruth
returned to Phoenix. Her new home was located at the corner of Van
Buren and 24th streets: the whitewashed, stucco edifice locals
called "the looney house" but, to be correct, it was the
Arizona State Mental Hospital.
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