Grover Cleveland WHITEAKER

Male 1883 - 1950  (~ 66 years)


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  • Name Grover Cleveland WHITEAKER 
    Born Sep 1883  Morgan Co. KY Find all individuals with events at this location 
    Gender Male 
    _UID 39AB062335004F7280B562DEF031B9388AD6 
    Died 1950  [1
    Notes 
    • 1900 United States Federal Census
      Name: Grover Whitaker
      Age: 16
      Birth Date: Sep 1883
      Birthplace: Kentucky
      Home in 1900: River, Morgan, Kentucky
      Race: White
      Gender: Male
      Relation to Head of House: Son
      Marital Status: Single
      Father's Name: Allex Whitaker
      Father's Birthplace: Virginia
      Mother's Name: Serilda Whitaker
      Mother's Birthplace: Kentucky

      NEWSPAPER ARTICLES

      The Hazel Green Herald, Wolfe Co. KY; 15 Jul 1909

      Rescued From Officers at Cannel City

      Grover Whitaker, who was charged with shooting his wife in Oklahoma near Ardmore about six months ago, and who has since been living at Cannel City, was Monday arrested by two men claiming to be duly authorized officers from that state hand cuffed and made ready to go with them when a party of his friends said to be about 100 took him from the arresting officers whom they disarmed. The rescuers then took the keys away from the officers and unlocked the handcuffs, after which they were told to go. Our informant said the two men hesitated not at all upon the order of their going but went. We do not know the parties who thus interfered with the arresting officers or anything of the case, in fact, but we are afraid their have involved themselves in serious trouble and shall watch the case with interest.

      COURT CASE

      WHITEAKER v. STATE. (Supreme Court of Oklahoma. Nov. 14, 1911.)

      Error from District Court, Oklahoma County;
      Geo. W. Clark, Judge.

      Action by J. D. Whiteaker against the State of Oklahoma. Judgment for defendant, and plaintiff brings error. Affirmed.

      M. Fulton, for plaintiff in error.
      Sam Hooker, for defendant in error.

      TURNER, C. J. On December 16, 1908, the county attorney of Oklahoma county filed in the district court of that county an Information charging Grover C. Whiteaker with assault with intent to kill. On tbe next day but one he was arraigned, and pleaded not guilty, and his bond fixed at $7,500 the same to be approved by the clerk of said court. On December 23. 1908, there was filed in the office of said clerk an unsigned unofficial order of release Indorsed thereon:

      "This is to verify that I have received this order of release on December 23, 1908, and executed on December 23, by releasing the said Grover C. Whiteaker from custody. [Signed] H. D. Garrison, Sheriff, by M. C. Binion."

      Opinion of the Court.

      On January 26, 1909, there was made and entered in said cause the following order:

      "This cause coming regularly before the court for trial, the defendant comes not, whereupon he Is three times loudly called to come into court and save his recognizance, but comes not, but Is In default, whereupon It is ordered that the bond of the defendant be, and the same is, hereby forfeited. And It Is ordered that the clerk of this court pay to the county treasurer of Oklahoma county the moneys In his hands as cash bond of the defendant; to which ruling Dr. Whiteaker exempts, and it Is further ordered that the clerk issue an alias warrant for the arrest of the said Grover C. Whiteaker."

      On February 16, 1909, Dr. J. D. Whiteaker, plaintiff in error, petitioned the court for an order directing the clerk to turn said $7.500 over to him, on the hearing of which It developed that the accused and petitioner were brothers; that for the purpose of furnishing him bail petitioner left his home in Kentucky and came to Oklahoma City, and deposited with the clerk of said court the money in controversy, the property of petitioner, and which Is still in his hands; that thereupon the accused was released from jail as shown by said order entered upon the Journal of the court, but was not placed in the custody of petitioner, and that petitioner has since been unable to surrender him. Upon this showing the court refused to grant the prayer of said petition and overruled the same, and rendered and entered judgment accordingly. To reverse said judgment this proceeding in error was commenced.

      Whiteaker v. State. and hence petitioner is entitled to recover back his money. Assuming said repugnancy to exist, and the general doctrine to be as urged, in substance, that an officer authorized to receive bail for the appearance of a person charged with crime cannot receive money in lieu of bail, no such power being conferred by statute, and, if so paid in, neither the state nor county has claim to it

      Opinion of the Court

      This appears of record; and thus Is met the requirement of the statute that the court must direct the fact of the defendant's neglect to appear to be entered upon the minutes. And, this having been done, the forfeiture of the money deposited in place of bail followed, under the law, as a matter of course ([Gen. St. 1808, c. 82] 5 152), and It was not error In such cases for the court to direct the forfeited money to be turned over to the county treasurer."

      There is nothing In the remaining Assignments of error.
      The judgment of the trial court Is affirmed.

      All the Justices concur.
    Person ID I113  Master File
    Last Modified 8 Jan 2014 

    Father Alexander WHITEAKER,   b. 27 Dec 1850, Tazewell Co VA Find all individuals with events at this location,   d. 07 Jun 1926, Morgan Co. KY Find all individuals with events at this location  (Age 75 years) 
    Mother Zerilda BROWN,   b. 8 Jan 1846, Morgan Co. KY Find all individuals with events at this location,   d. 19 Jun 1919, Morgan Co. KY Find all individuals with events at this location  (Age 73 years) 
    Married 7 Jan 1869  Morgan Co., KY Find all individuals with events at this location  [2
    Family ID F39  Group Sheet  |  Family Chart

    Family Myrtle CAUDLE,   b. Aug 1886 
    Family ID F104  Group Sheet  |  Family Chart

  • Sources 
    1. [S15] Nancy A. Nash Material, 1997.

    2. [S13] Kentucky Marriages, 1851-1900, www.Ancestry.com.