AFFIDAVIT

STATE OF TENNESSEE,

County of Jefferson, ss:

Personally appeared before me, the undersigned authority, Ernest L. Gass, with whom I am personally acquainted and who after being duly sworn makes oath to the following statements:

I am 56 years of age, married, and live with my wife and children in Jefferson County. I was a deputy sheriff under Sheriff Holbert on and prior to April 11, 1946, and still hold this position. I was summoned by Sheriff Holbert to accompany him and others to raid an illicit distillery in the foothills of English Mountain, some 14 miles south of Dandridge, Tenn. I met the sheriff, Deputy Albert McCoig, and Constable James L. Thomas at the county jail on the early morning of April 11, 1946, where we made our plans and proceeded to the distillery site, arriving within about three-fourths of a mile at 5:10 a. m. (central standard time) near the home of Thomas Seay. From there we walked to the still site, a distance of about three-fourths of a mile, arrived at the site at about daybreak, where, after looking over the distillery, we placed ourselves at points around the distillery for the purpose of awaiting and apprehending the operators, whom we expected to arrive at any minute.

Deputy McCoig and myself were about 100 feet east of the distillery site and Sheriff Holbert and Constable Thomas were about the same distance west of the distillery site. Within a few minutes after we had secreted ourselves I heard a noise in the direction of Sheriff Holbert and Constable Thomas, then the voice of a man saying "put them up, put them up," and something else said about shooting. Instantly I heard one shot, a short pause then the same voice saying "kill every damn one of them," then I heard other shots in the same locality. I immediately started to Sheriff Holbert when I was fired upon as I was running in the direction of Sheriff Holbert and was shot in the right instep. I stopped immediately and Agent A. E. Leake came up with his gun still smoking, who had fired at least three shots at me and we identified ourselves and Agent Leake led me toward the place where Sheriff Holbert was shot and assaulted and Officer Thomas killed. I saw the officers taking Sheriff Holbert and Thomas from the mountainside. Officer Leake and others assisted me to the automobile from where I was taken to Jefferson Hospital in Jefferson City and was under the care of Drs. McCown and Fain who operated on my foot and removed me to my home where I was confined for 4 months, unable to follow my regular occupation, that of miner. I suffered much pain and anguish and spent considerable sums of money for hospital, doctor, and medical bills and which wound left me permanently injured in my right foot from which I still suffer much discomfort, and from which injury I was forced to take different work at a less price with my employers. I still wear an elastic stocking and am unable to stand on my foot very long and unable to engage in my previous occupation.

Sworn to and subscribed before me this May 3, 1948. (SEAL)

My commission expires August 10, 1950.

ERNEST L. GASS.

C. S. RAINWATER, Notary Public.

AFFIDAVIT

STATE OF TENNESSEE,

Jefferson County, ss:

Personally appeared before me the undersigned authority authorized to administer oaths, Dr. S. C. Fain, who after being duly sworn deposes and says:

I am 47 years of age and a practicing physician and surgeon in Jefferson City, Jefferson County, Tenn. On April 11, 1946, I was connected with Jefferson Hospital located in Jefferson City, Tenn., and was physician on call for accidents. On the afternoon of April 11, 1946, I was summoned by the coroner to meet him at Farrar Funeral Home in Jefferson City, Tenn., to determine the cause of death of Constable James L. Thomas. At about 6 p. m. on April 11 1946, I met the coroner at the Farrar Funeral Home and in the presence of the coroner and Mr. Roy Farrar I performed an autopsy on Constable Thomas. I identified and recognized the body to be that of James L. Thomas, whom I had known for 25 years. The body had bullet wounds of the right shoulder, the holes ranging front and back; bullet wound through the left arm about 3 inches below the shoulder, the tract of the bullet running front to back; bullet wound in the left

chest entering about the left nipple. The body was opened, the tract was followed down through the heart going through both sides and on down through the diaphragm and against the ribs of the back, where the bullet was found and removed. The bullet was kept in my possession and was later turned over to the Federal District Court in Knoxville. There was a large blood clot around the heart. There were no other marks of violence and the cause of death was a perforating bullet wound of the heart.

Sworn to and subscribed before me this May 14, 1948. [SEAL]

My commission expires August 10, 1950.

S. C. FAIN, M. D.

C. S. RAINWATER, Notary Public.

AFFIDAVIT

STATE OF TENNESSEE,

Jefferson County, 88:

Personally appeared before me, the undersigned authority authorized to administer oaths, Dr. R. M. McCown, who, after being duly sworn, deposes and

says:

I am 67 years of age and a practicing surgeon and physician in Jefferson City, Jefferson County, Tenn. I am a graduate of the University of Tennessee school of medicine, and received my doctor of medicine degree in 1906. I have been in active practice since graduation. On April 11, 1946, I was chief surgeon of the Jefferson Hospital, located in Jefferson City, Tenn. At or about 8 o'clock on the morning of April 11, 1946, I was called to the hospital and upon my arrival there I found Sheriff Arthur Holbert and Deputy Sheriff Ernest L. Gass, both suffering from gunshot wounds. Dr. S. C. Fain had Sheriff Arthur Holbert ready for an emergency operation when I arrived at the hospital. Sheriff Holbert was immediately taken to the operating room where I performed the operation with the assistance of Drs. T. E. Wright and S. C. Fain.

Sheriff Holbert had a single bullet wound through his abdomen from front to back, entering to the left of the umbilicus, ranging downward and backward and out through the right ilium in the back. We found four perforations of his ilium and three perforation wounds of the mesentery, each requiring repairs. A considerable amount of free blood was found in the abdominal cavity and the same was removed. Blood plasma was given to him while on the operating table. I considered Sheriff Arthur Holbert to be in a very critical condition and we were in constant attention to him throughout his entire stay in the hospital. He was discharged from the hospital on or about April 25, 1946. He was confined to his home for 2 months or more and was unable to attend to any of his duties.

Ernest L. Gass had a perforated bullet wound in the right foot from side to side perforating the bone in the foot. He was given first aid, tetanus antitoxin, and his foot dressed and was sent home. He was confined to his home for several weeks and was unable to walk on his foot or to attend any of his duties.

Sworn to and subscribed before me, this May 17, 1948. [SEALI

My commission expires August 10, 1950.

R. M. McCown.

C. S. RAINWATER, Notary Public.

AFFIDAVIT

STATE OF TENNESSEE,

Jefferson County, ss:

Personally appeared before me the undersigned authority authorized to administer oaths, Dr. S. C. Fain, who after being duly sworn deposes and says:

I am 45 years of age and a practicing physician and surgeon in Jefferson City, Jefferson County, Tenn. I am a graduate of the University of Tennessee school of medicine, having received my doctor of medicine degree in 1929. I have been in active practice since graduation. On April 11, 1946, I was connected with the Jefferson Hospital located in Jefferson City, Tenn., and was physician on call for accidents. At or about 7 a. m. on April 11, 1946, Sheriff Arthur Holbert and Deputy Sheriff Ernest L. Gass were brought to the hospital. Sheriff Holbert had a single bullet wound through his abdomen from front to back, entering to the left

of the umbilicus ranging downward and backward and out through the right ilium in the back. He also had fresh cuts on his forehead and both ears. All of these injuries were fresh wounds.

Sheriff Holbert was immediately taken to the operating room and under ether anesthetic, given by Dr. T. E. Wright, was operated on by Dr. R. M. McCown and myself. We found four perforations of his ilium and three perforating wounds of the mesentery, each requiring repair. There was a large amount of free blood in the abdominal cavity which was removed, and blood plasma was given to him while on the operating table. During the day I gave him intervenous saline solution, matched his blood with several possible donors, and about 8 p. m. I gave him 500 cubic centimeters of blood from his brother. I considered Sheriff Holbert to be in a serious condition and I gave him penicillin for several days, intervenous solutions for 3 days, and was in constant attention to him until he was discharged to his residence on April 25, 1946, where we watched him further for 2 months or more. He was confined to his bed all this time and unable to attend to any of his duties.

X-rays showed a simple fracture through the hip bone. The lacerations of his forehead and ears were sutured and healed uneventfully. Sheriff Holbert has residual scars on his abdomen where he was shot, front and back, and where he was opened to repair the perforations.

Ernest Gass had a perforating bullet wound in the right foot, from side to side perforating the bone in the foot. We gave him first aid, tetanus antitoxin, dressed his foot, and sent him home to bed. He was confined to his home for several weeks, unable to stand on this foot and to tend to his duties. I X-rayed him on April 14, 1947, and there is some persistent defect of the bone where he was injured.

S. C. FAIN, M. D.

Sworn to and subscribed before me this 14th day of May 1948. (SEAL]

My commission expires August 10, 1950.

C. S. RAINWATER, Notary Public.

Personally appeared before me, the undersigned authority, authorized to administer oaths, Arthur Holbert, sheriff of Jefferson County, who, after being duly sworn, deposes and says:

I am the same Arthur Holbert who was assaulted and shot by Milton H. Rogers while raiding an illicit distillery in the edge of Jefferson County on April 11, 1946. Attached hereto, and made exhibits to this affidavit, are statements of my expenses incurred as a result of my said injuries. That I have paid all of said bills and, in addition thereto, have paid various sums for medicines, supplies, etc., of which I have no accurate record.

Sworn to and subscribed before me, this May 28, 1948. [SEAL]

My commission expires April 5, 1950.

ARTHUR HOLBERT.

C. S. RAINWATER, Jr., Notary Public.

R. M. McCown, M. D., JEFFERSON CITY, Tenn.

Mr. ARTHUR HOLBERT,

Dandridge, Tenn.:

Surgeon's fee_-__-.

$150

DR. T. E. WRIght, M. D., JEFFERSON HOSPITAL, JEFFERSON CITY, TENN.

FARRAR FUNERAL HOME, JEFFERSON CITY, TENN.-Dandridge, TENN. Sheriff C. A. HOLBERT,

Dandridge, Tenn.:

May 8, 1946: Ambulance service from Jefferson Hospital to home, Apr. 25, 1946.

FARRAR FUNERAL HOME,

By HOWARD E. MILLER.

STATEMENT, JEFFERSON HOSPITAL, JEFFERSON CITY, TENN.

STATE OF TENNESSEE,

Jefferson County, ss:

Personally appeared before me, the undersigned authority, Walton Quillen, with whom I am personally acquainted and who makes oath in due form of law to the following statements:

That he is an employee of the Universal Exploration Co. and has been so employed for a number of years; that he was timekeeper with said company for the year 1946 and is now doing the same type of work; that he was personally acquainted with Ernest L. Gass in his lifetime, and had known him for more than 15 years prior to his death; that said Ernest L. Gass was one of the oldest employees of this company at this place, and that he was regularly employed working in the year 1946; that according to the office records of the Universal Exploration Co. at Jefferson City, Tenn., Mr. Ernest L. Gass caused notice to be given to them that he was injured by pistol shot in the foot on April 11, 1946, and he was absent from his work until July 12, 1946, as a result of said injury. The last day worked in April 1946 was on the 9th. Mr. Gass was one of our pumpmen, operating and supervising the water pumps underground in our zinc-mining operations at this plant. He was earning at the time of his injury 87 cents per hour for a 40-hour week, and he was a very regular workman. After he resumed work on July 12, 1946, he worked continously until about the time of his death in 1949. WALTON QUILLEN,

Timekeeper, Universal Exploration Co., Jefferson City, Tenn. Sworn to and subscribed before me, this April 2, 1949. (SEAL)

My commission expires April 5, 1950.

STATE OF TENNESSEE,

Jefferson County, 88:

BEN S. CATLETT, Notary Public.

Personally appeared before me, C. S. Rainwater, Sr., a notary public for said State and county, C. J. Coile, with whom I am personally acquainted and who makes oath to the following statements:

That he is 56 years of age, a farm owner and operator of said county; that he was personally acquainted with Ernest L. Gass and the other members of his family, in his lifetime, and was and still is a neighbor, living about one-half mile of their home; that he visited in the Gass home frequently, especially when Mr. Gass was confined to his home from a pistol shot through the foot in the spring of 1946; that he saw and was in this home during said injury at least once every week; that Mr. Gass went around the house on crutches for a period of about 60 days or more, and then used a cane with a decided limp and even after he resumed his work he used a cane and walked with this limp. To my own personal knowledge Mr. Gass suffered much severe pain during his confinement and complained of aches and pain for many months after he resumed his work. From this injury and the resulting pain and suffering it is my opinion that the general health of Mr. Gass was greatly impaired and his nervous system greatly upset from which he never did fully recover. Mr. Gass owned a small farm near my farm where he and his family lived and he commuted to and from his work at the Universal Exploration Co. mines at Jefferson City.

I am not related to Mr. Gass or any member of his family and have no interest in this matter except to give a true picture of his condition as I observed it. C. J. COILE

Sworn to and subscribed before me, this April 2, 1949. (SEAL)

C. S. RAINWATER, Sr., Notary Public.

My commission expires August 10, 1950.

STATE OF TENNESSEE,

Jefferson County, ss:

Personally appeared before me, C. S. Rainwater, Sr., a notary public for said State and county, Mrs. Callie Snow Gass, with whom I am personally acquainted and who makes oath as follows:

That she is now 55 years of age, and that she is the widow of Ernest L. Gass, deceased, who died at his home on February 1, 1949; that to them nine children were born, three of whom are now at home with her.