Johnston's Double Murder
John Elberl Starling, with the help of
famous lawyers, was acquitted of killing'
his mother-in-law and nephew, hut was
Ivnclicd by irate enemies who believed
him guilty.
The distinguished legal career of
the late James H. Pou. Sr. of Raleigh,
was replete with litigation, both civil
and criminal, in which this outstand¬
ing North Carolina attorney usually
emerged victorious.
One of the most famous cases in
which he was attorney for the defense
involved a double murder in Johnston
County, which has never been solved,
according to available records. The
trial, occurring in February. 1890. re¬
sulted in acquittal for John Flbert Star¬
ling. accused of the brutal axe-slaying
of a 63-year-old woman and her 7-
year-old grandson
I he murdered woman was Mrs.
Aden Brown. Starling's mother-in-law.
and the child was Hilary Batten, his
nephew and a son of his wife’s sister.
Despite his successful efforts in
averting conviction of his client. Mr.
Pou’s triumph was bloodily nullified
when, a short time later. Starling was
found dead on a lonely stretch of road.
A length of rope, tied in a hangman’s
knot, was around his neck, and many
portions of his body bore sadistically
superfluous gunshot wounds.
Irate Citizens Aroused
A coroner’s jury rendered the usual
‘‘by party or parties unknown" verdict.
However, the generally accepted as¬
sumption was that the Johnston farmer
had been lynched by enemies who
considered him a murderer despite his
acquittal.
Two of Mr. Pou’s kinsmen. Edwin
W. Pou. Sr., who served many years
in Congress, and his son. Edwin W.
Pou. Jr., acted as associate counsel
for Starling in the murder trial. Anoth¬
er who appeared in behalf of the
accused was Thad Busbec, lawyer-
member of a family long noted in
Wake County annals.
In his 1890 account of the Starling
case. John II. Broadwcll of Selma, in¬
timated that John Elbert Starling’s
difficulties in the years of his manhood
probably resulted from a discouraging
childhood environment following the
JAMF.S II. POU. SR.
death in battle of his father. William
Starling, a Confederate soldier in the
War Between the States.
Father a “Good Provider”
William Starling apparently had
been a man of influence and substance.
A year or two before the birth of John
Elbert, which occurred in 1849, the
elder Starling had bought and settled
on a 200-acrc farm within a few miles
of Selma, and was considered a "good
provider."
The Broadwcll account of young
Starling's life infers that if the father
had not sacrificed his life for the Con¬
federacy, the son’s career might not
have terminated in gruesome tragedy.
“His moral and religious training, from
the age of 6 to 20. was a failure — he
had none," the article asserts.
At the age of 14. John Elbert is said
to have viciously attacked his step¬
father, identified only as "a man named
Rose." He left home after the assault,
for which no reason was given other
than that "they got into a fuss." This
incident was considered, at the time,
a prophecy of the abnormal tendencies
with which Starling later was charged.
Didn’t Like School
Several years of schooling, under
a guardian, followed for Starling, but
he proved to be an indifferent student
"who did not try to learn, but chose
to fight and play and let the books
go." The youth obtained work as a
farm laborer after leaving school.
Starling was working on a farm
owned by Aden Brown when he
reached his twentieth birthday. Falling
in love with Trccindy. a daughter of
his employer, the young man eloped
with her. She and her sister. Sabeiny,
who later married Rufus Batten, are
described as being "as sweet and in¬
nocent as lambs; they never knew want,
and were strangers to trouble."
Starling's mother died within a year
after his marriage, and he inherited a
half-share of the 200-acrc farm bought
by his father almost a generation be¬
fore. A brother, Jesse, was willed the
other portion. A few years later, Jesse
sold his share, which displeased his
older brother, who refused to speak to
the younger for many years.
Starling inherited more farm prop¬
erty. through his wife, when his father-
in-law died in 1879. Sabeiny Batten,
sister of Trccindy Starling, and her
husband went to live with Brown s w id¬
ow. who was to meet a tragic death
ten years later.
The Starling article says that he
warned Rufus Batten against living
with the mother-in-law of the two men.
telling Batten that "you cannot live
with that old woman." Enmity de¬
veloped between the brothers-in-law
when Starling later accused Batten of
stealing some of his property.
It is related that Batten and Starling
engaged in a furious fight. Starling
threatening to use an axe (this type of
weapon was used in the double slay¬
ing). and Batten drawing a knife. No
injuries were inflicted, but the men
did not speak for nine years.
Brutally Killed
On November 9. 1889. the bodies
of Mrs. Brown and young Hilary Bat¬
ten were found in a field adjoining the
Brown-Batten home, which was near
the Ralcigh-Goldsboro road, three or
( Continued on page IS)
THE STATE. MAY S. 1951
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