[Congressional Record Volume 145, Number 70 (Friday, May 14, 1999)]
[Extensions of Remarks]
[Pages E981-E982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   COMMEMORATING THE INCLUSION OF SHERIFF JOSEPH GIBSON AND SHERIFF 
     EVERETT GIBSON OF WAYNE COUNTY, KENTUCKY, ON THE NATIONAL LAW 
                     ENFORCEMENT OFFICERS MEMORIAL

                                 ______
                                 

                           HON. HAROLD ROGERS

                              of kentucky

                    in the house of representatives

                          Friday, May 14, 1999

  Mr. ROGERS. Mr. Speaker, this week in the Nation's Capital we all 
stand humbled by the sacrifice of 312 brave Americans. The names of 
these Americans will be added to thousands of others engraved on the 
National Law Enforcement Officers Memorial. The panels of the memorial 
wall contain the names of officers killed in the line of duty, some 
dating back to the 1800's. The new names will be added this week at 
ceremonies here in Washington--a commemoration which traditionally 
attracts more than 10,000 police officers and survivors of fallen 
officers from across the country.
  On the National Law Enforcement Officers Memorial there are stories 
of gallantry, bravery, sacrifice, honor and duty. There is also the 
tragic story of Wayne County, Kentucky, whose citizens I represent here 
in the United States Congress. The families of Wayne County have the 
sad distinction of losing their county sheriff to violence in late 
1946, only to see his successor also shot down in cold blood over two 
years later. It's a tragedy made even more difficult with the knowledge 
that these two fine public servants, these two brave law officers, were 
also brothers.
  Joseph Gibson was elected Wayne County Sheriff in 1945 by one of the 
largest majorities ever bestowed on a county official at that time. 
Elected while in his early 60's, Sheriff Joseph Gibson was noted for 
his fairness and determination. It was this determination which led 
Sheriff Joseph Gibson to his death: a dogged search for a fugitive 
ultimately led him into the path of a waiting sniper. His death on 
December 22, 1946, marked the first time a sheriff had been killed in 
the line of duty in the 146 year history of Wayne County.
  Joseph Gibson's younger brother, Everett, took up the responsibility 
of chief law officer for Wayne County. Right after being sworn into 
office, Sheriff Everett Gibson continued his brother's work of seeking 
out bootleggers and destroying their stills. On July 25, 1949, Sheriff 
Everett Gibson and Deputy Bill Sexton were investigating reports of an 
illegal still when they were ambushed. Sheriff Everett Gibson was shot 
dead on the spot, but Deputy Sexton, although wounded, escaped. He 
recovered from his injuries and testified at the trial that convicted 
the killer and his accomplices.
  Reporter Mitchell Gregory told the story of Sheriff Joseph Gibson and 
Sheriff Everett Gibson this past Wednesday, May 12th, in the Wayne 
County Outlook newspaper of Monticello, Kentucky. I have been 
encouraged by Outlook editor Melodie Phelps to include the full text of 
that article in the Record and ask for it to be printed at the 
conclusion of these remarks.
  I want to extend my congratulations to retired police officer Mark 
Byers, whose determination resulted in the names of Sheriff Joseph 
Gibson and Sheriff Everett Gibson being included among the names of the 
other brave men and women listed on the National Law Enforcement 
Officers Memorial.

               [Wayne County (KY) Outlook, May 12, 1999]

              Former Gibson Brother Sheriffs To Be Honored

                         (By Mitchell Gregory)

       Editor's Note.--Names of the men accused in these deaths 
     have been omitted and are only identified by initials. These 
     events happened nearly half a century ago, and we did not 
     write this article with the intention of dredging up hurtful 
     memories for family members who may still reside in Wayne 
     County. This article was written in honor of the two sheriffs 
     who will receive recognition this week.
       The late 1940's were trying times for law-abiding citizens 
     in Wayne County. It was sorrowful times for the Gibson 
     family, who lost two brothers who were slain while honoring

[[Page E982]]

     their oath to uphold the law and provide security for the 
     county they served.
       This week in Washington, D.C. those brothers, Joseph and 
     Everett Gibson, will be commemorated for their service to 
     their profession and the stance they made which ultimately 
     cost them their lives. The two will be included on the Police 
     Memorial Wall in the nation's capitol during a ceremony on 
     Saturday, May 15.
       The Outlook was contacted several weeks ago by Mark Byers, 
     a retired police officer who is a relative of the Gibson 
     family. Byers was the one who noticed the omission of the 
     Gibson brothers on the Memorial Wall and set the wheels in 
     motion for their inclusion.
       Joseph and Everett were sons of John and Belle Frogge 
     Gibson. They both attended local schools and lived in Wayne 
     County most all of their lives. Joseph was the oldest of the 
     two, a poultry and fur business man. Everett was a farmer 
     most of his life before finishing the term of his elder 
     brother.
       According to a 1946 Wayne County Outlook article, ``he 
     (Joseph) was elected Sheriff of the county at the November 
     election in 1945 by one of the largest majorities ever given 
     a county official (at that point.)''
       It seemed Gibson, who was in his early 60's, was a very 
     well-liked politician in the county, even by the man who took 
     his life on December 22, 1946. In fact, according to 
     testimony from the murder trial, the accused had gone on a 
     fugitive search with the sheriff prior to the shooting 
     incident.
       The accused was D.M., who was 28 years old at the time. He 
     would eventually spend the rest of his life behind bars, 
     though it took quite some time for this decision to be 
     rendered. Court proceedings were held at the Monticello 
     National Guard Armory where a jury sentenced him to death by 
     the electric chair at Eddyville.
       Attorneys for the accused, however, requested a change of 
     venue. The trial was moved to Fayette County but the jury 
     there issued the same sentence.
       The Kentucky Court of Appeals, however, disagreed and said 
     that the proceedings in Fayette County were too far away 
     from Wayne County. Finally, the lasting decision came from 
     a Pulaski County jury which ordered D.M. to life in 
     prison.
       It was Sunday night in December when the shooting occurred. 
     Joseph Gibson and his family were getting ready for church, 
     recalled Brook Gibson, son of the late sheriff. D.M.'s mother 
     came to their home and said her son was drunk.
       Brook Gibson, who was 28 years old at the time, offered to 
     go with his father to investigate, but Joseph Gibson told his 
     son to go on to church. By the time the service was over, 
     news was spreading around town that the sheriff had been 
     killed.
       Following is part of The Outloook's account of that night.
       Gibson and Chief of Police Charles Back responded to the 
     call which led them to what was known as the Sheep Lot area 
     of Monticello. Back arrested M.T. and took him to jail.
       Sheriff Gibson captured J.T. and the two proceeded to look 
     for D.M. when they heard a voice say, ``Is that you, Joe?''
       According to testimony, Gibson replied ``Yes, is that you. 
     (D.M.)?'' A shot was then fired from the home.
       Chief Back went back to Sheep Lot to aid Gibson, whom he 
     could not find. ``So he returned to town and picked up 
     Policeman Wiley Gregory and returned and soon located Mr. 
     Gibson's body lying in an alleyway,'' the news article 
     stated.
       The two police officers pursued D.M. who later fired at 
     them from horseback. ``The charge struck the ground between 
     the men,'' The Outlook reported.
       The accused was apprehended, taken to jail, and 
     interrogated the rest of the day. When apprehended, he was in 
     possession of a box of .22 caliber cartridges.
       The Outlook article continued, ``Investigating officers 
     reported they found a discharged .22 caliber cartridge shell 
     inside the home near the window from which J.T. said the 
     fatal shot was fired. A .22 caliber bolt action rifle 
     believed to have been the murder weapon was found at the home 
     of (the accused's brother-in-law) who resided next door, the 
     brother-in-law told the officers the gun belonged to him, but 
     D.M. had borrowed it several times recently and that he had 
     seen it in D.M.'s home earlier in the day.''
       On the stand, D.M. responded to his accusations. The 
     Outlook paraphrased the testimony as so: ``He said he carried 
     a shotgun because he had helped the sheriff search for L.C., 
     whom he identified as an escaped convict, and who, he said, 
     had been hiding in nearby woods. He said he had been told 
     that L.C. was mad at him. He said he didn't know the sheriff 
     had been killed until he was removed from the City Jail to 
     the County Jail. Several .22 rifle shells found in his 
     pockets were explained by D.M. his business as a hog-
     killer. He said he started borrowing a rifle from his 
     brother-in-law last November.''
       The defense had anticipated testimony that would provide 
     D.M. with an alibi. J.C. was going to testify that he and 
     D.M. ``were together at the time of the shooting, several 
     hundred yards from where it took place,'' according to an old 
     newspaper article report.
       J.C. did not show up in court. A state witness later 
     testified that D.M. had said he ``took a crack at Joe 
     Gibson.'' There were over 100 witnesses in the trial.
       In the 146 year history of Wayne County, this marked the 
     first time a sheriff had been killed in the line of duty. But 
     it would not be the last. Joseph's younger brother, Everett, 
     took on the responsibility of Wayne County Sheriff and served 
     the people until he was killed on July 25, 1949.
       ``Everett came in and took dad's place,'' said Brook 
     Gibson.
       Everett continued the term as his brother had before, 
     seeking out and apprehending bootleggers and crushing stills. 
     In the February 24, 1949 Outlook, an article reported, 
     Sheriff E.M. Gibson and Chief of Police Russell Hill made a 
     raid on the Shady Nook Service Station and arrested two men. 
     The officers confiscated 17 cases of beer, one case of 
     whiskey, and an automobile. A previous raid there the month 
     before had netted 37 cases of beer and ten pints of whiskey.
       On July 25, Sheriff Everett Gibson and Deputy Bill Sexton 
     traveled toward Murl to investigate reports of a still. 
     ``When they entered a clearing where the still was located, 
     they were fired on,'' reported The Outlook.
       Gibson was hit three times, dying instantly, according to 
     the article. Sexton was also hit three times but, ``made his 
     escape and got to the road where he was picked up and brought 
     to town and then taken to the Somerset Hospital,'' the 
     newspaper stated. Sexton recovered from his injuries.
       Three men were indicted by Wayne Circuit Court and charged 
     with murder, according to an August 1949 article.
       The men pled not guilty and asked for a change of venue, 
     which they were granted. The trial was moved to Lincoln 
     County. In Stanford, H. R. was convicted of murder and 
     sentenced to life in prison. The other two were convicted of 
     manslaughter.
       Brook Gibson said he was not aware that this father and 
     uncle were omitted from the police memorial, until he was 
     contacted by Byers several months ago. Byers sent Gibson 
     paperwork that needed to be completed to include the brothers 
     in the memorial.
       ``It's a nice gesture,'' said Gibson. ``I think they 
     deserve recognition the same as any veterans that were 
     serving their countries.''