On the night of January 10, 1893, in the small community of Whistler, Alabama, a confrontation occurred that would become "one of the most noted chapters in the criminal annals" of Mobile County. Gilbert J. Deese, a man of good reputation according to character witnesses, found himself in an encounter with Deputy Sheriff J. Westley Thomas that would forever alter the course of his life.
The Fatal Night
The events began when Deputy Thomas arrested Deese that evening. After Deese posted bond, the two men, along with Deese's nephew John Ryan, began drinking together. According to Deese's testimony, they later started walking from his house toward the village when the conversation took a dark turn.
"People said I couldn't take you, but I can take any d---d man," Thomas reportedly boasted.
Deese replied that he was a peaceable, law-abiding man who could be taken by anyone without resistance. This seemed to agitate Thomas, who accused Deese of lying and hiding a man named John Connors from him. When Deese denied this, Thomas allegedly said, "I'll do you just like I did Mike Fincher."
This was no idle threat. Thomas had killed a man named Mike Fincher just a week prior, and Deese would have been well aware of this fact.
What happened next was quick and deadly. According to Deese's testimony, Thomas made a movement suggesting he was reaching for a weapon. Deese backed away, warning, "Don't do that, Wes." But as Thomas continued to advance, Deese drew his .45-caliber Colt's revolver and fired six shots in rapid succession.
Even after emptying his pistol, Deese testified that Thomas continued attacking him. Deese then resorted to using his pistol as a club, striking Thomas over the head and shoulders. During the struggle, Deese stumbled, and Thomas fell on top of him. Deese continued to beat Thomas with the reversed pistol. John Ryan's role, according to testimony, was limited to pulling Thomas off of Deese after the fight. Deese believed Thomas died while on top of him.
Notably, no weapon was found on Thomas's body, and neither Deese nor Ryan claimed to have seen Thomas with a pistol or other weapon during the confrontation.
The Aftermath and Flight
Following the deadly encounter, Deese and Ryan fled to Mississippi. While the defense attempted to establish that they were going to seek money to hire lawyers for their defense, the court ruled that a witness could not testify about his intentions, and such questions were overruled.
The flight would ultimately count against Deese at trial, though his nephew John Ryan would fare better in the eyes of the jury.
The Trial
The trial began on January 15, 1894, just over a year after the killing. It garnered tremendous public interest, with the courtroom "crowded to suffocation" according to newspaper accounts—so much so that Judge Semmes adjourned court an hour earlier than usual one day.
Among those attending were Colonel John J. Ryan, Sr. of Ellisville, Mississippi, and his wife, the parents of defendant John Ryan, as well as J.K. Almon, editor of The Canton (Mississippi) Democrat, and his wife, who was Ryan's sister.
Character witnesses played a significant role in the trial. The preponderance of evidence suggested that Deputy Sheriff Thomas had the "general reputation of a bad, desperate man," while defendants Deese and Ryan were said to have "excellent" reputations.
After four days of testimony and deliberation, on January 22, 1894, the jury returned its verdict: Gilbert J. Deese was found guilty of murder in the second degree and sentenced to ten years in the penitentiary. His nephew, John Ryan, was acquitted of all charges.
Imprisonment and Early Release
Deese was formally sentenced on January 27, 1894, and was turned over to F.M. Connell, representing the Sloss Steel & Iron Company, on January 31. This arrangement was part of Alabama's convict-lease system, where prisoners were essentially leased to companies for labor.
However, Deese would not serve his full ten-year sentence. In December 1894, before leaving office, Governor Thomas G. Jones commuted Deese's sentence from ten years to just one year. As a result, Deese was released from the penitentiary on Sunday, January 27, 1895, having served exactly one year of his original sentence.
Later Life and Death
After his release, Deese eventually made his way to Mexico. On Sunday, June 19, 1898, Gilbert J. Deese died of typhoid fever in the city of San Luis PotosÃ, Mexico. He was approximately 42 years old.
Born around 1856 in Jasper County, Mississippi, to Edward Deese and Lucinda Stephens, Gilbert never married as far as records indicate. His encounter with Deputy Thomas, the subsequent trial, and his brief imprisonment remains his most documented legacy.
What began as an arrest on an ordinary January night in Whistler became a deadly confrontation between two men—one a deputy with a reputation for violence, the other a man described as having an excellent character. The true nature of their fatal encounter died with them, leaving only testimony, newspaper accounts, and court records to tell an incomplete tale of what happened that night in Whistler, Alabama.
Gilbert J. Deese is my 2nd Cousin 3X Removed.
_______________________________________
Authors: Charlie Purvis and Claude.ai
1.[The Birmingham News, Birmingham, Alabama, 31 Jan 1895, Thu., Page 7, column 5.]
2. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HQCL-Z?view=fullText&keywords=Gilbert%20J%2CDease&lang=en&groupId=TH-909-78668-115150-40
3. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HQCX-7?view=fullText&keywords=Gilbert%20J%20Dease%2CGilbert%20J%2CDease&lang=en&groupId=TH-909-78668-115150-40
4. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HQCG-X?view=fullText&keywords=Gilbert%20J%2CDease&lang=en&groupId=TH-909-78668-115150-40
5. [https://www.newspapers.com/image/465130418/?match=1&terms=gilbert%20j.%20dease]
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