to serve (one potential juror, in conversation with another, said, “They can’t use me. I can’t hear well enough.” To which his friend, after a bit of sly reflection, replied, “Come to think of it, my hearing’s not too good either”), and it was generally thought that the choosing of the jury would take several days. As it turned out, the process was completed within four hours; moreover, the jury, including two alternative members, was extracted from the first forty-four candidates. Seven were rejected on pre-emptory challenge by the defense, and three were excused at the request of the prosecution; another twenty won dismissal either because they opposed capital punishment or because they admitted to having already formed a firm opinion regarding the guilt of the defendants.
The fourteen men ultimately elected consisted of half a dozen farmers, a pharmacist, a nursery manager, an airport employee, a well driller, two salesmen, a machinist, and the manager of Ray’s Bowling Alley. They were all family men (several had five children or more), and were seriously affiliated with one or another of the local churches. During the voir dire examination, four of them told the court that they had been personally, though not intimately, acquainted with Mr. Clutter; but upon further questioning, each said he did not feel this circumstance would hinder his ability to reach an impartial verdict. The airport employee, a middle-aged man named N. L. Dunnan, said, when asked his opinion of capital punishment, “Ordinarily I’m against it. But in this case, no”—a declaration which, to some who heard it, seemed clearly indicative of prejudice. Dunnan was nevertheless accepted as a juror.
The defendants were inattentive observers of the voir dire proceedings. The previous day, Dr. Jones, the psychiatrist who had volunteered to examine them, had interviewed them separately for approximately two hours: at the end of the interviews, he had suggested that they each write for him an autobiographical statement, and it was the act of composing these statements that occupied the accused throughout the hours spent assembling a jury. Seated at opposite ends of their counsels’ table, Hickock worked with a pen and Smith with a pencil.
Smith wrote:
I was born Perry Edward Smith Oct. 27 1928 in Huntington, Elko County, Nevada, which is situated way out in the boon docks, so to speak. I recall that in 1929 our family had ventured to Juneau, Alaska. In my family were my brother Tex Jr. (he later changed his name to James because of the ridicule of the name “Tex” & also I believe he hated my father in his early years—my mother’s doing). My sister Fern (She also changed her name—to Joy). My sister Barbara. And myself. In Juneau, my father was making bootleg hooch. I believe it was during this period my mother became acquainted with alcohol. Mom & Dad began having quarrel. I remember my mother was “entertaining” some sailors while my father was away. When he came home a fight ensued, and my father, after a violent struggle, threw the sailors out & proceeded to beat my mother. I was frightfully scared, in fact all us children were terrified. Crying. I was scared because I thought my father was going to hurt me, also because he was beating my mother. I really didn’t understand why he was beating her but I felt she must have done something dreadfully wrong… The next thing I can vaguely recall is living in Fort Bragg, Calif. My brother had been presented a B.B. gun. He had shot a hummingbird, and after he had shot it he was sorry. I asked him to let me shoot the B.B. gun. He pushed me away, telling me I was too small. It made me so mad I started to cry. After I finished crying, my anger mounted again, and during the evening when the B.B. gun was behind the chair my brother was sitting in, I grabbed it & held it to my brother’s ear & hollered BANG! My father (or mother) beat me and made me apologize. My brother used to shoot at a big white horse ridden by a neighbor who went by our place on his way to town. The neighbor caught my brother and I hiding in the bushes and took us to Dad & we got a beating & brother had his B.B. gun taken away & I was glad he had hit gun taken away!… This is about all I remember when we lived in Fort Bragg (Oh! We kids used to jump from a hay-loft, holding an umbrella, onto a pile of hay on the ground)… My next recollection is several years later when we were living in Calif.? Nevada? I recall a very odious episode between my mother and a Negro. We children slept on a porch in the summertime. One of our beds was directly under my mother and father’s room. Everyone of us kids had taken a good look through the partly open curtain and seen what was going on. Dad had hired a Negro(Sam) to do odd jobs around the farm, or ranch, while he was working somewhere down the road. He used to come home late in the evening in his Model A truck. I do not recall the chain of events but assumed Dad had known or suspected what was happening. It ended in a separation between Mom & Dad & Mom took us kids to San Francisco. She run off with Dad’s truck & all of the many souvenirs he brought from Alaska. I believe this was in 1935 (?)… In Frisco I was continuously in trouble. I had started to run around with a gang, all of which were older than myself. My mother was always drunk, never in a fit condition to properly provide and care for us. I run as free & wild as a coyote. Their was no rule or discipline, or anyone to show me right from wrong I came & went as I pleased—until my first encounter with Trouble. I was in & out of Detention Homes many times for running away from home & stealing. I remember one place I was sent to. I had weak kidneys & wet the bed every night. This was very humiliating to me, but I couldn’t control myself. I was very severely beaten by the cottage mistress, who had called me names and made fun of me in front of all the boys. She used to come around at all hours of the night to see if I wet the bed. She would throw back the covers & furiously beat me with a large black leather belt—pull me out of bed by my hair & drag me to the bathroom & throw me in the tub & turn the cold water on & tell me to wash myself and the sheets. Every night was a nightmare. Later on she thought it was very funny to put some ointment on my penis. This was almost unbearable. It burned something terrible. She was later discharged from her job. But this never changed my mind about her & what I could have done to her & all the people who made fun of me.
Then, because Dr. Jones had told him he must have the statement that very afternoon, Smith skipped forward to early adolescence and the years he and his father had lived together, the two of them wandering all over the West and Far West, prospecting, trapping, doing odd jobs:
I loved my father but there were times when this love and affection I had for him drained from my heart like wasted water. Whenever he would not try to understand my problems. Give me a little consideration & voice & responsibility. I had to get away from him. When I was sixteen I joined the Merchant Marine. In 1948 I joined the army—the recruiting officer gave me a break and upped my test. From this time on I started to realize the importance of an education. This only added to the hatred and bitterness I held for others. I began to get into fights. I threw a Japanese policeman off a bridge into the water. I was court-martialed for demolishing a Japanese cafe. I was court-martialed again in Kyoto, Japan, for stealing a Japanese taxicab. I was in the army almost four years. I had many violent outbursts of anger while I served time in Japan & Korea. I was in Korea 15 months, was rotated and sent back to the states—and was given special recognition as being the first Korean Vet to come back to the territory of Alaska. Big write up, picture in paper, paid trip to Alaska by air, all the trimmings… I finished my army service in Ft. Lewis, Washington.
Smith’s pencil sped almost indecipherably as he hurried toward more recent history: the motorcycle accident that had crippled him, the burglary in Phillipsburg, Kansas, that had led to his first prison sentence:
…I was sentenced to 5 to 10 years for grand larceny, burglary and jailbreak. I felt I was very unjustly dealt with. I became very bitter while I was in prison. Upon my release I was supposed to go to Alaska with my father—I didn’t go—I worked for a while in Nevada and Idaho—went to Las Vegas and continued to Kansas where got into the situation I’m in now. No time for more.
He signed his name, and added a postscript:
“Would like to speak to you again. There’s much I haven’t said that may interest you. I have always felt a remarkable exhilaration being among people with a purpose and sense of dedication to carry out that purpose. I felt
