Lovi S. Udall, judge

Earl Platt, County Atty.

The defendant, Earnest Patton, pleaded guilty to the crime of first degree murder, resulting in the killing of one Creacy Mae Millard at McNary, Arizona, on or about the 25th day of December, 1936.

The defendant, Ernest Patton, a burly, illiterate negro, age 36 years, no says he has no previous criminal record, came to McNary some four years ago to work for the Lumber Company.

He was born in Alabama, later drifting to Mississippi, where in 1929 he became acquainted with Creacy Mae Millard, a colored girl of 22 years, to whose murder on Christmas Day he has entered a plea of guilty. They "kept company" until 1932, when the defendant came to McNary,

It appears he was thereafter married to another woman; not being able to agree their property was divided by the Deputy Sheriff at McNary, and defendant says she later divorced him in Mississippi.

Three and a half months ago the deceased came to McNary where the defendant immediately renewed their acquaintance. Shortly thereafter she began living in un-lawful cohabitation with the defendant, who lavished his meager earnings upon, her, and of whom he was extremely jealous; according to the defendant he and the deceased planned to be married at Holbrook on the "next pay day", he was saving his money for that purpose.

In the afternoon on Christmas Day the defendant left deceased at his house getting dressed, he went first to her brother Frank's place and later to Mack's Cafe, (Colored) and then down to Pinetop for a bottle of ginger ale, for Frank who was ill, and possibly the pint of liquor found on his person with the seal unbroken when he was arrested for the killing.

He returned to her brother's place in time to meet the deceased just as she and Curtis McLemore, a young colored boy were leaving for Pinetop.

She told defendant they were going to get some beef tallow to rub Frank with. Defendant did not forbid her to go with McLemore, but he did say "Just a minute" and then walked in the house to ask Frank if he sent his sister after tallow, when he got back to the door of the house she was gone.

It appears from defendant's statements, though denied by McLemore, that the latter had been paying some attention to the deceased, leaving fruit, whiskey and other presents for Creacy Mae.

Defendant strenuously objected to these attentions and warned her to quit fooling around with Curtis or anyone else as long as they stayed together. He admits that he never personally spoke to McLemore about the matter, and that there had never been any previous trouble between them,

During the time deceased and McLemore were making the trip to Pine top and back, which occupied some 45 minutes, the defendant went back to his house, did his chores, and secured his loaded pistol and returned to the Mack café.

The deceased and McLemore, accompanied by the witness Portis, after delivering the beef tallow to her brother returned to the Cafe, at deceased's request, looking for the defendant.

It would appear from deceased's action that she was apprehensive that defendant might be angry with her and she was endeavoring to rejoin him at the earliest moment possible. It was now after dark about six P.M., though the area in front of Mack's cafe, where the McLemore car was parked, was well lighted from the porch lights. The deceased sent the witness Portis into the Cafe for some gum, and she began making inquiry of bystanders for "Ernest".

At this moment the defendant came onto the porch from the cafe and spied the McLemore car with the latter and deceased sitting therein.

The defendant walked toward the car and motioned with his finger for deceased to follow him, she got out of the car and cam to the porch, saying to him she had sent after some gum.

He said "Come on let's go" and walked some 40 feet down the board walk toward his house, evidently expecting her to follow him afoot; as he started off she said "Come on Ernest, let's get in the car, there is so much snow, I don't like to get in the snow". McLemore spoke up and offered to take both of them home in his car.

The defendant then returned to the car and said to the deceased, "Get out of that God Damned car and come here"

When he said that she made an effort to get out, opening the door and getting her right foot onto the running board, he then pushed her back in with his left hand, saying "you’re too late". and began shooting at a distance of two feet with the pistol which he held in his right hand.

Three of the shots penetrated the woman’s right side killing her almost instantly. One bullet inflicted a minor flesh wound upon McLemore, which the defendant stated was accidental, as he was not trying to shoot him.

The defendant then ejected the five shells from his pistol which fell upon the running board of the car, and reloaded the pistol saying to the bystanders that "I ought to kill every son of a bitch big enough to die".

A few moments later he surrendered to Deputy Sheriff Mineer without resistance, and to whom he freely admitted the shooting.

The only excuse offered by the defendant was "That I was so mad, I did not know what I was doing", However, then proceeds to negative this statement by reciting in detail just what he did and said both before and at the time of the shooting.

The defendant was not drunk according to his own admission. It is further established that the deceased was unarmed, as was also McLemore. It is clearly established that the defendant was very jealous of the deceased and did not want her in the presence of McLemore or possibly any of the male species.

There was no provocation or justification for the atrocious, brutal slaying of this defenseless woman, on whom the defendant certainly held no legal claim. The defendant professed to love the deceased and stated he intended to marry her.

The legal question presented is whether jealousy and anger constitutes circumstances of mitigation or extenuation. In the mind of the Court, this must be answered in the negative.

The Court having carefully examined the whole record in favor of life, but finding there are no circumstances of mitigation or extenuation, the defendant's plea for a sentence of life imprisonment is denied.

The law regards human life as the most sacred of all interests committed to its protection, and no more solemn duty can be imposed upon the courts than the duty of protecting, and the duty of taking a human life. To take the life of a human being is an awful thing even when it is taken by the law in the due administration of justice.

The Court being of the opinion that the facts here shows a cold blooded murder with no extenuating circumstances, the death penalty was then imposed the execution being set for March 24, 1937, with the walls of the state prison at Florence, Arizona, by the administration of lethal gas.