The Kentucky birth index lists Josephine Myris, born 9 Dec 1914 in Breathitt Co. (a misindexing
11 of Rowan Co.), mother’s maiden name Gertrude Adkins.
Her death certificate records Josephine Myers Hardin, age 21, born 5 Dec 1914 in Ky, died 17 June 1936 in Reeder precinct, Carter Co., Ky, usual residence Farmers, Rowan Co., Ky, married, wife of Floyd Hardin, occupation waitress, father Clarence Myers, mother’s maiden name Gertrude Adkins, informant Clarence Myers, Farmers, Ky, cause of death “Coroners Inquest vergict Death by being shot & hit by others than her own hand”, burial in Middlan, Ky.
There are several newspaper articles on her death, which all refer to her by her maiden name of Myers.
From the Morehead Independent of Thurs, June 25, 1936:
“
Robert Fitch Bound Over Under Bond in Carter County TrialJudge E. K. Ramey Fixes $5,00 Bail For Man Held In Miss Myers’ Death
DEFENSE CLAIMS GIRL COMMITTED SUICIDE
Discrepancies Noted in Autopsy Report and Coroner’s Statements
Robert Fitch, 31, of Ripley, Ohio, was bound over to the Carter county grand jury under #5,00 bond Monday morning when given an examining hearing before Judge E. K. Ramey on a charge of slaying Josephine Myers, 21-year-old waitress in the Driscoll House, a road house between Morehead and Olive Hill on U.S. No. 60.
Fitch, part-owner and manager of the Driscoll House, was held in the girl’s death after an inquest presided over by Carter County Coroner W. C. Henderson returned a verdict that the girl may have met her death by foul means. She was shot between the eyes Wednesday nigh, June 17, at 10 o’clock.
Claim Suicide
Counsel for the Ohio man claim the girl committed suicide.
Discrepancies in the testimony of Coroner Henderson and two physicians - Dr. A. W. Adkins of Morehead and Dr. Dan Fortune, Carter county, was noted at the examining trial.
Although the defense did not offer a single witness at the hearing, they did request Coroner Henderson, first on the stand for the Commonwealth, to read a reponed of the findings of an autopsy, signed by Dr. Adkins.
The autopsy reported that the girl bore no external injuries except the bullet wound; that she could have shot herself; that she was not to become a mother as was first reported; and that the death bullet was removed and found to be from a .25 calibre gun, the same size pistol as the girl held in her hand.
Wound is Large
Coroner Henderson said there were marks on her forehead that could have been caused by a black jack and that he had never, in all his experience, seen a pistol or revolver bullet hole as large as the one in the girl’s head.
Referring to his qualifications to give an opinion as to how the girl met her death Henderson said, “I know more than half the doctors.”
Counsel for Fitch assumed the attitude that the coroner was a prejudiced witness and incompetent to dispute the evidence of two practicing physicians.
Henderson said that there were no powder burns on the girl, and there was no discoloration along the path of the bullet would that could have been caused by burning powder. The autopsy report of Dr. Adkins state, however, that there was a dark discoloration.
At the request of the defense attorneys Henderson held the gun on the witness stand exactly as he said the girl was holding it when he appeared on the scene.
Banks Testifies
Willie Banks, of Morehead, a waiter at the Driscoll House, was the second Commonwealth witness. He said he was on the porch when he heard the shot and rushed inside. He quoted Fitch as saying, “Joe’s killed herself.”
Effie Collins, a waitress, was next called. She said she was sitting in a booth adjoining the kitchen, where the girl met her death, when the gun fired. “I raised up and saw Fitch standing in the doorway of the kitchen,” she said.
“Did he have anything in his hand?”, she was asked.
“No, I didn’t see anything,” Miss Collins replied.
Lawrence Gosset, a meat salesman of Huntington, W. Va., was next called on the stand, but could not add anything to the testimony of the other witnesses.
Fitch admitted the death gun was his, when arrested.
Following the testimony of the four Commonwealth witnesses, defense counsel asked that Fitch be released for insufficient evidence. This was refused by Judge Ramey. The defense then asked for bond which was granted.
Hold AutopsyAn autopsy of the body of Miss Myers was conducted at her home in Farmers, 7 miles west of here Saturday afternoon, by Dr. A. W. Adkins, Morehead and Dr. Dan Fortune, Carter County, at the request and under the supervision of Carter County coroner Henderson. The girls parents, Mr. and Mrs.Clarence Myers were also in favor of the autopsy, but had previously requested that it be held after the funeral was conducted.
Dr. Adkins said that he felt at liberty to make the statement that in his opinion the girl could have been either a suicide or a homicide and that she met her death by a bullet wound through the forehead.
The funeral services were conducted at Farmers Saturday afternoon.”
On September 17, 1936 the same newspaper reported:
“
Fitch Given Two Years for Murder
Ripley, O. Man Found Guilty of Killing Josephine Myers, Farmers
Robert Fitch, roadhouse proprietor and former newspaper man, was sentenced to two years imprisonment in the state penitentiary by 12 Carter county farmers Tuesday night who found him guilty of murdering 21-year-old Josephine Myers, hostess at the Driscoll House.
The Fitch trial was completed in far less time than expected. Opening yesterday morning the jury was rapidly selected, and the Commonwealth completed their testimony by 6 o'clock yesterday evening. At 7 o'clock Fitch opened the defense by telling of having intimate relations with the girl, but declaring that she committed suicide.
Effie Collins, star witness for the defense, was killed in an automobile accident at Ashland Sunday. The evidence that she gave at the examining trial was introduced by the defense who had it taken down by a stenographer at that time.
Defense counsel immediately announced they would ask for a new trial and take an appeal over the decision.
The jury was out one hour 37 minutes.
There were several witnesses close to Fitch and Miss Myers when the shot was fired, but none of them saw it. The Commonwealth contended that Fitch fired the shot and placed the gun in the girl's folded hands.”