I · The Case II · At a Glance III · Timeline IV · Key Figures V · Evidence VI · Verdict VII · The Script
Forgotten True Crime · Case File OK-1933-001 · Closed

The Honor Slaying

On April 15, 1933, Oklahoma City highway officer E. Percy Merrick emptied a .45 into Henry Downs — a Denver professional basketball player and family houseguest — at a filling station, roughly thirteen hours after Downs allegedly entered the bedroom where Merrick's wife and 8-year-old daughter slept. Downs, who insisted to the end that the shooting was an accident, died two days later. The press called it an "honor slaying," but Judge John B. Ogden told the jury "the unwritten law is not in effect in Oklahoma." After testimony that included the Merricks' 8-year-old daughter, the jury convicted Merrick of first-degree manslaughter and sentenced him to five years at hard labor; his 1934 appeal failed.

★ The Official Relaunch of Forgotten True Crime · A Crossover with Okie Investigations
Oklahoma City, OklahomaLocation 1933–1934Period 14 people · 11 sourcesIn this file ClosedStatus
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Section II

The Case at a Glance

Case
State of Oklahoma v. E. Percy Merrick (1933).
Charge tried
Murder. Convicted of: First-degree manslaughter.
Sentence
5 years at hard labor. Appeal (1934): denied; sentence served.
Alleged bedroom assault
~4:30 a.m., Saturday, April 15, 1933, at 2924 SW 25th St., Oklahoma City.
Shooting
~5:15 p.m., April 15, 1933, filling station at 23rd St. & Lincoln Blvd., Oklahoma City (~13 hours later).
Weapon
.45 caliber pistol — five shots fired, two struck Downs (one to the head).
Victim
Henry Downs, ~27, Denver professional basketball player; died April 17, 1933.
Defendant
E. Percy Merrick, 37, state highway enforcement officer.
Judge
John B. Ogden. Prosecutor: County Attorney Lewis R. Morris. Defense: Prince Freeling and Ed Nor (temporary insanity; 39 witnesses prepared).
Jury
12 married men; took the case 4:28 p.m. May 10, returned the verdict 9:20 a.m. May 11, 1933.
Press framing
"honor slaying" / the "unwritten law" — explicitly rejected by Judge Ogden.
Section III · The Spine of the Case

Detailed Timeline

ACT I — BACKSTORY
Pre-1933
Percy Merrick (37), state highway enforcement officer, lives at 2924 SW 25th St., OKC with wife Geneva (26) and daughter Marcheta (8). They sleep in separate beds; a .45 is kept in a bureau drawer. Brother Reuben Merrick knows Denver basketball player Henry Downs and brings him into the family circle.
Pre-April 1933
Geneva undergoes a serious operation; still recovering. Downs and a man named Sanders are guests in the house.
ACT II — THE NIGHT & THE DAY (April 14–15, 1933)
Fri eve Apr 14
Downs out at a party, drinking heavily ("hooched").
~4:30 a.m. Apr 15
Geneva wakes screaming, "there's a strange man in bed with me." Marcheta wakes; Sanders turns on the light. Percy grabs Downs by hair and neck, recognizes him as drunk, shoves him out. Sanders steps between Percy and Downs when Percy gets the gun; Percy: "Stand back, big boy, I'll shoot him here, it will be through my body." Downs told to "get out... out of town." No police called. Percy smokes all night; Geneva sobs.
Daytime Apr 15
Percy drives ~45 miles to Chickasha and back with his superior Marvin Brown; "extremely nervous." Downs ends up at a filling station (23rd & Lincoln) with a 16-year-old friend.
~5:15 p.m. Apr 15
Percy stops at the station with Geneva, finds Downs reading a newspaper. After an "insulting grin" and a scuffle (Downs allegedly jumps up, kicks at his groin), Percy empties a .45 — 5 shots, 2 hits, one to the head. "I came to, snapping that empty .45." To police: "I shot in defense of my home."
Hospital
Downs insists it was an accident ("Merrick was cleaning his gun") — protecting his shooter.
ACT III — DEATH, CHARGES & TRIAL
Apr 17 (Mon)
Downs dies; maintains the accident story on his deathbed. Case becomes a homicide; press calls it an "honor slaying."
Apr 18
Merrick released on bond.
Apr 20
Preliminary hearing; "confessed slayer" offers no defense; bound over for trial.
May 8
Trial opens; prosecution and defense strategies previewed.
May 9
Geneva testifies first; Reuben describes his "anger-crazed brother"; Marcheta's "Jesus's big book" testimony; Merrick testifies for hours. 16-year-old witness and G. N. Alexander testify.
May 10
Closing arguments; Judge Ogden — "The unwritten law is not in effect in Oklahoma." Jury gets the case at 4:28 p.m.
May 11, 9:20 a.m.
Verdict — first-degree manslaughter, 5 years hard labor. Geneva collapses. Merrick appeals; new-trial motion set May 18.
Why This Case

Themes & Story Angles

The Thirteen-Hour Problem

~13 hours between the 4:30 a.m. bedroom incident and the 5:15 p.m. shooting, including a 90-mile work drive. Hard to square with "reason staggered" temporary insanity.

Jesus's Big Book

8-year-old Marcheta's oath and testimony before a jury of married men; the emotional turning point of the defense.

The 4:30 a.m. Drunk

even Merrick's own testimony (Downs "hooched," "drunkenly staggered") supports the prosecution's "wandered in from the bathroom" theory, undercutting deliberate assault — especially with a child in the bed.

Sanders's Shield

it was the houseguest Sanders, not the wife, who put his body between Percy's gun and Downs. Why would a guest do that? (An early clipping misattributed the act to Geneva.)

Sanders, the Unknown Witness

a houseguest who stepped between the gun and Downs; identity and account unknown.

The Chickasha Drive

a functional 90-mile round trip that argues against a shattered mind.

Five Shots, Two Hits

ambiguous: wild blackout firing, or a man shooting at someone trying to flee. A seated victim per Officer Tyler's bullet paths.

The Dying Man's Lie

Downs's deathbed "accident" claim (a legally privileged dying declaration) used to shield his killer.

The Unwritten Law

the press's "honor slaying" framing vs. Judge Ogden's explicit rejection of it.

Section IV

Key Figures · 14 People

Henry Downs
Victim
Houseguest of the Merrick family; introduced through Percy's brother Reuben. Shot by E. Percy Merrick on April 15, 1933; died April 17, 1933.
Approximately 27 years old. A professional basketball player from Denver, Colorado, described in the press as a "Denver athlete" and "basketball star." He played for the Colorado Piggly Wigglys — a team tied to the grocery chain of the same name. After a Safeway sponsorship the team was renamed the Denver Pigs, and through later ownership and rebrands it eventually became the Denver Nuggets, the first team to enter the NBA under that name. Downs's shooting was prominent enough to run on the sports page of the Muskogee Daily Phoenix, 150 miles from Oklahoma City. He was connected to the Merricks through Percy's brother Reuben and was staying as a houseguest. On the night of April 14–15 he returned to the house drunk ("hooched") after a party and ended up in the bedroom where Geneva Merrick and her daughter slept. Twelve to thirteen hours later he was shot five times (two hits, one to the head) while sitting in a chair reading a newspaper at a filling station. At the hospital and on his deathbed he insisted the shooting was an accident, claiming Merrick had been cleaning his gun — a falsehood that appeared to protect his killer.
E. Percy Merrick
Suspect
Defendant. Husband of Geneva, father of Marcheta, brother of Reuben. Convicted of first-degree manslaughter for shooting Henry Downs.
37 years old at the time of the shooting (early coverage incorrectly listed 33). A state highway enforcement officer — a peace officer who worked the roads — still connected to the highway department at the time of the killing; on the day of the shooting he drove to Chickasha and back with his superior, Marvin Brown. He lived at 2924 SW 25th Street, Oklahoma City. He and Geneva slept in separate beds in the same room and kept a .45 caliber pistol in a bureau drawer. Awakened at 4:30 a.m. on April 15 by Geneva screaming that a strange man was in her bed, he grabbed Downs by the hair and neck, recognized him as their drunk houseguest, and ordered him out of town. He did not call police. He spent the night smoking, drove 90 miles round-trip to Chickasha for work, then took Geneva for a ride and stopped at the filling station where Downs sat reading a newspaper. After what he described as an exchange of insults and a scuffle, he emptied a .45 — five shots, two hitting Downs. He told police, "I shot in defense of my home." His defense was temporary insanity ("at that moment reason staggered"). Convicted of first-degree manslaughter and sentenced to five years at hard labor; his 1934 appeal failed and he served his time.
Geneva Merrick
Witness
Wife of the defendant; mother of Marcheta. The alleged assault victim and the first witness called at trial.
26 years old at the time of the incident — eleven years younger than Percy. She was recovering from a serious surgical operation and was described as "still sick" on the day of the shooting. She shared a bed with 8-year-old Marcheta while Percy slept in an adjacent bed. She woke at 4:30 a.m. screaming, "Percy, Percy, get up quick, my Lord, there's a strange man in bed with me," initially thinking the figure approaching was her husband. When Percy moved to shoot Downs in the bedroom, it was the houseguest Sanders — not Geneva — who stepped between them and shielded Downs; Percy shouted he would shoot through him to reach Downs. (An early newspaper account misattributed the shielding to Geneva; the corrected account credits Sanders.) Asked whether Downs had done anything to her, she said "he was trying to." She testified first at trial and collapsed in the courtroom when the verdict was read. Reported "on the verge of a nervous collapse" after the shooting. She lived into her eighties and is buried in Bethany, Oklahoma.
Marcheta Merrick
Witness
Daughter of Percy and Geneva. Age 8. Her testimony became the emotional center of the defense.
Eight years old, described as chubby with long curls tied with a red ribbon, wearing a frock. She slept in her mother's bed on the night of April 14–15. Called to the stand by the defense, she swore to tell the truth "because if I don't, Jesus will put a bad mark in His big book," and addressed Judge Ogden as "ma'am" when asked if she knew what it meant to be sworn. Her account: "Daddy kissed me and said I had been a sweet girl... I don't know exactly what woke me up. But [Mother] was saying 'Oh, Percy, don't,' hurting my arm. Then I turned over and screamed. She was fighting and looking at Mr. Downs. I followed the folks to the front room, but they sent me back to bed." The Daily Oklahoman headlined her testimony "Child's Story Aids Merrick Case Defense."
Reuben Merrick
Witness
Brother of the defendant. The basketball connection who brought Henry Downs into the Merrick home. Trial witness.
Percy Merrick's brother, involved in basketball circles, who knew Henry Downs and introduced him to the family — the link that made Downs a houseguest. Some early coverage (April 16) called him "Tom"; trial testimony on May 9 identified him as Reuben, leaving open whether "Tom" was a misread or a second brother. At trial he described his "anger-crazed brother" and confirmed Downs had been drinking into the early morning.
Sanders
Witness
A guest sleeping in the Merrick home on the night of the incident. First name and relationship unknown.
Identified only by surname in Merrick's testimony: "My friend Sanders, who was sleeping nearby, jumped up and turned on the light. He asked what the hell was going on." Notably, when Percy went for the gun in the bedroom, it was Sanders — not Geneva, as one early newspaper account mistakenly reported — who stepped between Percy and Downs and shielded him — a striking detail given Sanders was merely a guest. His full identity, what he witnessed, whether he testified, and whether he was among the 39 prepared defense witnesses remain unknown.
Judge John B. Ogden
Other
Presiding judge at the May 1933 trial in Oklahoma City.
Presided over the Merrick trial. In his charge to the jury he declared, in a "loud, firm voice," that "the unwritten law is not in effect in Oklahoma," instructing jurors that even an outraged husband was not justified in killing unless they found insanity or self-defense. He defined the standard: "The test of insanity in this state is whether a man knew right from wrong or had the capacity to know the consequences of his act at the time of committing it." When 8-year-old Marcheta took the stand he asked, "Young lady, do you know what it means to be sworn?" Not to be confused with modern Oklahoma County Judge Richard C. Ogden.
Lewis R. Morris
Other
Oklahoma County Attorney. Lead prosecutor.
Oklahoma County Attorney who led the prosecution and oversaw Merrick's release on bond on April 18, 1933. His theory rejected the "honor slaying" framing: he argued Downs "hardly had acquaintance" with Geneva and had wandered into the bedroom drunk and confused rather than as an assailant — captured in his memorable line, "The truth wandered into the bedroom on two legs, from the bathroom." He emphasized the roughly thirteen-hour gap between the bedroom incident and the shooting.
Prince Freeling
Other
Defense attorney (co-counsel).
Described as "ruddy-faced." Questioned 8-year-old Marcheta Merrick on the witness stand. Served as defense counsel alongside Ed Nor, pursuing a temporary-insanity defense backed by physician testimony and a roster of 39 prepared witnesses.
Ed Nor
Other
Defense attorney. Name spelling uncertain in newsprint (Nor / Noe).
Defense attorney for Merrick who refused to preview the defense strategy before trial. The surname is uncertain from the original newsprint — rendered as Nor or Noe.
Claire Tyler
Detective / Law Enforcement
County officer who investigated the gas-station shooting.
Investigated the scene at the filling station and noted that the path of the bullets indicated Downs had been seated in a chair when he was shot — a detail at odds with the defense's account of a sudden, mutual scuffle.
Marvin Brown
Associate
Merrick's superior in the state highway department.
Merrick's superior in the state highway department. On the day of the shooting (April 15, 1933) he drove with Merrick to Chickasha, roughly 45 miles southwest of Oklahoma City; Merrick was described as "extremely nervous" during the trip. The fact that Merrick made a 90-mile round-trip work drive between the 4:30 a.m. bedroom incident and the 5:15 p.m. shooting became central to the prosecution's rebuttal of temporary insanity. (Surname rendered "Bron[son?]" in the original clipping research; given as "Marvin Brown" in the finished episode.)
Unnamed 16-Year-Old Witness
Witness
A 16-year-old friend of Henry Downs present at the filling station during the shooting.
A teenage friend of Downs who was with him at the 23rd & Lincoln filling station when the shooting occurred and testified as an eyewitness. Name, account, and relationship to Downs are not identified in the available coverage.
G. N. Alexander
Witness
Trial witness (May 9, 1933).
Identified as a witness during the May 9 trial proceedings. Role and the substance of the testimony are not clarified in the available coverage.
Section V · The Evidence Locker

As It Was Printed

Every fact in this file traces to a primary-source clipping. Tap any headline to read the full entry.

The Daily Oklahoman1933-04-16 · p.9-10GUEST IS SHOT TO SAVE HOME, CITY MAN HOPES

First major spread on the case. Subheads: "Athlete Near Death After Station Fray; Insult To Wife Alleged," "NO CHARGE IS FILED," "Wounded Basketball Star Insists Shooting Was Only Accident." Reports the nighttime bedroom incident, the gas-station shooting, and Downs's hospital statement that the shooting was an accident. Establishes the brother ("Tom") basketball connection, Merrick's "I shot to save my home" position, and that no charges were initially filed. Includes photographs of E. P. Merrick, Geneva Merrick, and Henry Downs.

E. Percy MerrickGeneva MerrickHenry DownsReuben Merrick
Source files in case folder: The_Daily_Oklahoman_1933_04_16_9.pdf (p.9) and The_Daily_Oklahoman_1933_04_16_10.pdf (p.10). Newspapers.com image/444430549 and image/444430561. Brother named 'Tom' here; later corrected to Reuben.
Muskogee Daily Phoenix and Times-Democrat1933-04-17 · p.6BASKETBALL STAR STILL ALIVE AFTER SHOOTING

Ran on the sports page, reflecting Downs's identity as a known athlete. Confirms Downs was still alive two days after the shooting (as of April 17); he likely died later that day. Provides background on Downs's basketball career and the Merrick connection.

Henry Downs
Source file: Muskogee_Daily_Phoenix_and_Times_Democrat_1933_04_17_6.pdf. Newspapers.com image/898437685. Sports-page placement underscores Downs's fame 150 miles from OKC.
The Enid Morning News1933-04-19 · p.1SLAYER OF ATHLETE RELEASED ON BOND

Datelined Oklahoma City, April 18. Reports Merrick released on bond the day after Downs's death and names County Attorney Lewis Morris. Notes the anticipated difficulty of obtaining a murder conviction given the alleged assault on Mrs. Merrick.

E. Percy MerrickLewis R. Morris
Source file: The_Enid_Morning_News_1933_04_19_1.jpg.
Maud Enterprise1933-04-20 · p.4'Honor Slaying' Case In Court

Frames the case explicitly as an "honor slaying." Confirms Downs died Monday, April 17, two days after the shooting, and that on his deathbed he declared he was shot accidentally. Reports the April 20 preliminary hearing: Merrick, the "confessed slayer," offered no defense and was bound over for trial.

Henry DownsE. Percy Merrick
Source file: Maud_Enterprise_1933_04_20_4.pdf. Newspapers.com image/903845082. Key source fixing Downs's date of death and deathbed statement.
The Daily Oklahoman1933-05-08 · p.14'Honor Slaying' Trial Opens Today

Pre-trial spread with a photo of Percy and Geneva Merrick. Reveals: the assault occurred at night with a roughly 12-hour gap before the shooting; the couple slept in separate beds with 8-year-old Marcheta in Geneva's bed; Merrick "emptied his revolver"; Downs was sitting in a chair when shot; location corrected to 23rd & Lincoln Blvd. Prosecution preview: Downs "hardly had acquaintance" with Geneva; "the truth wandered into the bedroom on two legs, from the bathroom." Defense plea: temporary insanity.

E. Percy MerrickGeneva MerrickHenry DownsLewis R. MorrisClaire Tyler
Source file: The_Daily_Oklahoman_1933_05_08_16.jpg (filename indicates p.16; research cites p.14 — verify page). County officer Claire Tyler's bullet-path observation appears in this coverage.
Shawnee Evening Star1933-05-09 · p.1HONOR SLAYING SENTENCE IS PASSED AFTER GUILTY PLEA

Subhead: "CASE IS RUSHED." Reports that Merrick pleaded guilty and that sentence was passed, with 39 prepared defense witnesses never called. IMPORTANT: this "guilty plea" account appears inaccurate — the Oklahoma News (May 11) reports a full jury trial ending in a manslaughter verdict after overnight deliberation. The Shawnee paper likely reported prematurely or conflated procedural moments.

E. Percy Merrick
Source file: Shawnee_Evening_Star_1933_05_09_1.jpg. Flag as conflicting source; reconciled in the 'Verdict, Appeal & Aftermath' note.
The Daily Oklahoman1933-05-09 · p.2MERRICK PINS HIS FATE UPON ATTACK STORY

Trial testimony coverage. Geneva Merrick testified as the first witness. The brother is identified here as Reuben (not Tom), who described his "anger-crazed brother." New details: Downs had been drinking until about 3 a.m.; the gun came from a bureau drawer; a physical confrontation involving slapping; a bullet hole in Downs's head; a 16-year-old friend of Downs who was at the filling station testified; G. N. Alexander testified. Defense framing: "at that moment reason staggered."

Geneva MerrickReuben MerrickHenry DownsUnnamed 16-Year-Old WitnessG. N. AlexanderE. Percy Merrick
Source file: The_Daily_Oklahoman_1933_05_09_2.pdf. Newspapers.com page 2.
Shawnee Evening Star1933-05-10 · p.1Plea of Unwritten Law Not Accepted

United Press wire story datelined Oklahoma City. Reports Judge John B. Ogden's instruction that "the unwritten law is not in effect in Oklahoma" and his definition of the insanity standard (whether the defendant knew right from wrong or could know the consequences of his act).

Judge John B. OgdenE. Percy Merrick
Newspapers.com image/904977606. No scan currently in case folder — retrieve from Newspapers.com if a copy is wanted.
The Daily Oklahoman1933-05-10 · p.1CHILD'S STORY AIDS MERRICK CASE DEFENSE

Subheads: "Daughter, 8, Claims She Heard Mother Scream In Alleged Attack," "STRANGE MAN IN BED," "Accused Describes Fury At Finding Downs With Wife." The richest single source. Marcheta (8) testified — "because if I don't Jesus will put a bad mark in His big book." Corrects Merrick's age to 37 and gives Geneva's age as 26; sets the incident at 4:30 a.m. Introduces Sanders in the house; Merrick's full account (grabbing Downs by hair and neck, recognizing him as "hooched," the gun from the bureau, Sanders stepping between Percy and Downs, ordering Downs out of town, smoking all night); the drive to Chickasha with superior Marvin Brown; Downs reading a newspaper at the station; the "insulting grin or slur"; the scuffle; the .45; five shots, two hits; "I came to, snapping that empty .45." Defense attorney Prince Freeling identified; physicians to testify on insanity.

Marcheta MerrickE. Percy MerrickGeneva MerrickHenry DownsSandersMarvin BrownJudge John B. OgdenPrince Freeling
Source file: The_Daily_Oklahoman_1933_05_10_1.pdf. Newspapers.com image/444435333.
The Oklahoma News1933-05-11 · p.1 · Noel HoustonMERRICK APPEALS 5-YEAR TERM IN 'HONOR' SLAYING

Byline: Noel Houston. Resolves the verdict: the jury found Merrick GUILTY of first-degree manslaughter (not murder). Sentence: five years at hard labor. Jury took the case at 4:28 p.m. May 10 and returned the verdict at 9:20 a.m. May 11 after overnight deliberation. Geneva collapsed as the verdict was read. Merrick — in a dark gray suit, "distressed" — said only, "I can't make any statement now," and led his wife out. Defense filed for appeal; new-trial motion set for May 18. Home address confirmed as 2924 SW 25th. Photos of Percy and Geneva.

E. Percy MerrickGeneva Merrick
Source file: The_Oklahoma_News_1933_05_11_1.jpg. Distinct paper from The Daily Oklahoman. Definitive verdict source; supersedes the Shawnee 'guilty plea' report.
Section29.com / TrueCrime.BlogEpisode links — Forgotten True Crime / Okie Investigations

Companion links referenced in the episode: original newspaper clippings, photos of Percy and Geneva Merrick, and the full case timeline posted at Section29.com and the blog at TrueCrime.Blog. Listener tips solicited via the blog.

Provenance/companion entry, mirroring the 'Source link' convention used in other exported cases.
★ Of Note

Henry Downs & the Denver Nuggets Connection

Downs played professional basketball for the Colorado Piggly Wigglys, a team tied to the Piggly Wiggly grocery chain. When a rival grocer, Safeway, sponsored them, the team was renamed the Denver Pigs. Safeway later bought the team, and after additional rebrands it eventually became the Denver Nuggets — the first team to enter the NBA under that name. This makes Downs an early-1930s pro player in the lineage of a franchise that survives today, and explains why his shooting ran on sports pages 150 miles away. Lineage detail comes from the finished episode; verify the franchise chain (Piggly Wigglys → Denver Pigs → … → Denver Nuggets) against basketball history sources before publishing as fact.

Clippings & Exhibits

Click any exhibit to open the original scan.

Portrait / Mugshot · 1933-04
Portrait of E. Percy Merrick
Newspaper portrait of E. Percy Merrick, the defendant ("Percy Merrick, Murderer"). Embedded in this record. Source file: Percy_Merrick_Murderer.jpg (also Percy_Merrick_Murderer.pdf).
Newspaper Clipping · 1933-04-16
Daily Oklahoman, Apr 16 1933 — first spread (p.9)
Front-of-story clipping: "GUEST IS SHOT TO SAVE HOME, CITY MAN HOPES." Attach in-app from case folder: The_Daily_Oklahoman_1933_04_16_9.pdf.
Newspaper Clipping · 1933-04-16
Daily Oklahoman, Apr 16 1933 — continuation (p.10)
Continuation with photos of Percy, Geneva, and Henry Downs: "'I Shot to Save My Home,' City Man Says." Attach in-app: The_Daily_Oklahoman_1933_04_16_10.pdf.
Newspaper Clipping · 1933-04-17
Muskogee Daily Phoenix, Apr 17 1933 (sports, p.6)
"BASKETBALL STAR STILL ALIVE AFTER SHOOTING." Attach in-app: Muskogee_Daily_Phoenix_and_Times_Democrat_1933_04_17_6.pdf.
Newspaper Clipping · 1933-04-19
Enid Morning News, Apr 19 1933 (p.1)
"SLAYER OF ATHLETE RELEASED ON BOND." Attach in-app: The_Enid_Morning_News_1933_04_19_1.jpg.
Newspaper Clipping · 1933-04-20
Maud Enterprise, Apr 20 1933 (p.4)
"'Honor Slaying' Case In Court" — confirms Downs's death and deathbed statement. Attach in-app: Maud_Enterprise_1933_04_20_4.pdf.
Newspaper Clipping · 1933-05-08
Daily Oklahoman, May 8 1933 (trial preview)
"'Honor Slaying' Trial Opens Today" with photo of Percy and Geneva. Attach in-app: The_Daily_Oklahoman_1933_05_08_16.jpg.
Newspaper Clipping · 1933-05-09
Shawnee Evening Star, May 9 1933 (p.1)
"HONOR SLAYING SENTENCE IS PASSED AFTER GUILTY PLEA / CASE IS RUSHED" — conflicting account; see verdict note. Attach in-app: Shawnee_Evening_Star_1933_05_09_1.jpg.
Newspaper Clipping · 1933-05-09
Daily Oklahoman, May 9 1933 (p.2)
"MERRICK PINS HIS FATE UPON ATTACK STORY" — trial testimony. Attach in-app: The_Daily_Oklahoman_1933_05_09_2.pdf.
Newspaper Clipping · 1933-05-10
Daily Oklahoman, May 10 1933 (p.1)
"CHILD'S STORY AIDS MERRICK CASE DEFENSE / STRANGE MAN IN BED" — Marcheta's and Merrick's testimony. Attach in-app: The_Daily_Oklahoman_1933_05_10_1.pdf.
Newspaper Clipping · 1933-05-11
Oklahoma News, May 11 1933 (p.1)
"MERRICK APPEALS 5-YEAR TERM IN 'HONOR' SLAYING" — verdict and sentence, photos of Percy and Geneva. Attach in-app: The_Oklahoma_News_1933_05_11_1.jpg.
Section VI

Verdict, Appeal & Aftermath

VERDICT

The jury convicted Merrick of FIRST-DEGREE MANSLAUGHTER — not murder — and sentenced him to 5 years at hard labor (Oklahoma News, May 11, 1933). The jury deliberated overnight (4:28 p.m. May 10 to 9:20 a.m. May 11).

SOURCE CONFLICT

The Shawnee Evening Star (May 9) reported a GUILTY PLEA and that "sentence is passed / case is rushed." This conflicts with the Oklahoma News jury-verdict account and the Daily Oklahoman's day-by-day trial testimony (May 9–10). Best reading: there was no guilty plea; the Shawnee paper reported prematurely or conflated proceedings. Treat the jury verdict as authoritative.

APPEAL

Defense filed immediately; new-trial motion set for May 18, 1933. Per the finished episode, Merrick's appeal was heard in May 1934 and denied — the conviction stood and he served his time. (Confirm via Oklahoma Court of Criminal Appeals records, 1933–1935.)

AFTERMATH

Percy and Geneva stayed together. Percy reportedly died around age 50; Geneva lived into her eighties. Both are buried in Bethany, Oklahoma. (Aftermath details from the episode narration — verify against vital/cemetery records, e.g. FindAGrave.)

Loose Threads

What We Still Don't Know

Citations

Sources

  1. GUEST IS SHOT TO SAVE HOME, CITY MAN HOPES — The Daily Oklahoman, 1933-04-16 p.9-10.
  2. BASKETBALL STAR STILL ALIVE AFTER SHOOTING — Muskogee Daily Phoenix and Times-Democrat, 1933-04-17 p.6.
  3. SLAYER OF ATHLETE RELEASED ON BOND — The Enid Morning News, 1933-04-19 p.1.
  4. 'Honor Slaying' Case In Court — Maud Enterprise, 1933-04-20 p.4.
  5. 'Honor Slaying' Trial Opens Today — The Daily Oklahoman, 1933-05-08 p.14.
  6. HONOR SLAYING SENTENCE IS PASSED AFTER GUILTY PLEA — Shawnee Evening Star, 1933-05-09 p.1.
  7. MERRICK PINS HIS FATE UPON ATTACK STORY — The Daily Oklahoman, 1933-05-09 p.2.
  8. Plea of Unwritten Law Not Accepted — Shawnee Evening Star, 1933-05-10 p.1.
  9. CHILD'S STORY AIDS MERRICK CASE DEFENSE — The Daily Oklahoman, 1933-05-10 p.1.
  10. MERRICK APPEALS 5-YEAR TERM IN 'HONOR' SLAYING — The Oklahoma News, 1933-05-11 p.1 (byline: Noel Houston).
  11. Episode links — Forgotten True Crime / Okie Investigations — Section29.com / TrueCrime.Blog.
Provenance
Podcast: Forgotten True Crime by Okie Investigations.
Episode: "The Honor Slaying" — Episode 1 of the Forgotten True Crime relaunch; a crossover with Okie Investigations.
Host: Trevor.
Companion site: Section29.com; blog: TrueCrime.Blog.

Built from four working documents in the Episode 1 folder: the finished podcast script ("Merrick-Downs Podcast Script - The Honor Slaying.docx"), the case research notes ("Merrick-Downs Case Research.md"), the case timeline ("Merrick-Downs Case Timeline.docx"), and the people & places profiles ("Merrick-Downs People and Places.docx").

All factual sourcing rests on 11 newspaper clippings accessed via Newspapers.com (April–May 1933); scans are in the case folder and listed in the Articles and Evidence tabs. The full episode script is preserved verbatim in the note below.
Section VII

The Full Working Text

The complete verbatim podcast script, preserved exactly as recorded.

▶ Read the full episode script (5828 words)

The Honor Slaying

Forgotten True Crime by Okie Investigations

Episode Script — The Merrick-Downs Case, Oklahoma City, 1933

COLD OPEN

[PRODUCTION NOTE: Slow pacing. Let the scene breathe. Courtroom ambiance if available.]

In May of 1933, inside a courtroom in Oklahoma City, a chubby little 8-year-old girl with long curls tied up with a red ribbon walked up to the witness stand. She was wearing a little frock, and she looked about as small as a person could look in a room full of grown men.

The judge, a man named John B. Ogden, looked down at her and asked, "Young lady, do you know what it means to be sworn?"

She looked right back at him and said, "No, ma'am."

Now, the courtroom probably had a little chuckle at that. An 8-year-old calling the judge "ma'am." But then she said something that silenced the room. She said she knew it would be wrong not to tell the truth, "because if I don't, Jesus will put a bad mark in His big book."

Her name was Marcheta Merrick. And she was there to tell a jury made up of all married men what she saw on the night of April 14th, 1933. The night she woke up in her mother's bed to find a strange man in the room. The night that would lead her father to empty a .45 caliber pistol into another man thirteen hours later.

But to understand how an 8-year-old girl ended up in a witness chair, swearing on Jesus's big book, we have to go back. Back to a house on Southwest 25th Street in Oklahoma City. Back to a basketball player from Denver. Back to a party, a bottle, and a dark bedroom at 4:30 in the morning.

[PRODUCTION NOTE: Transition music / beat]

PODCAST INTRO

Hello everyone, and welcome to Forgotten True Crime by Okie Investigations, the True Crime Podcast where we tell the stories of crimes that happened long ago. If you are a true crime fan, make sure you subscribe to the podcast. That way, when we have new episodes, you will be the first to know. Also, check us out on our webpage, Section29.com, where we post many cool things we found for each episode. This episode, "The Honor Slaying," has some really interesting stuff for you to look at, including the original newspaper clippings with photos of everyone involved. Make sure you go there and check it out. The links to all of that are in the description below. This is a crossover episode with my other Podcast, Okie Investigations, which is a new effort to focus on local stories from my home state.

Parts of this story may contain opinions and speculations and should be taken as such. These stories depict violent crimes of all types and may be a trigger for some listeners. Listener discretion is advised.

This is officially the relaunch of Forgotten True Crime, over the years we have brought many stories to life. Many decendents of those involved in these stories have reached out to tell us what we got right or how they remember the story being told. But most of all, I have missed pulling these stories out of historical records and bringing them back to the surface for all of you. And let me tell you, This story has everything. It has a bedroom assault, a man who drove 45 miles to work and back before coming home and shooting someone, an 8-year-old girl testifying in court, a dying man who lied to protect the person who shot him, and a wife who shielded her alleged attacker with her own body. And the newspapers at the time called it an "honor slaying." But the more you look at it, the less honorable it gets.

All of this happened in Oklahoma City, in April and May of 1933. And almost nobody talks about it today. So let's fix that.

THE PLAYERS

To tell this story right, you have to know who these people are. Because this isn't just a case about a shooting. It's a case about a family, a houseguest, and a night that went wrong.

First, we have E. P. "Percy" Merrick. Percy was 37 years old. He was a state highway enforcement officer, basically a peace officer who worked on the roads. He lived at 2924 Southwest 25th Street in Oklahoma City with his wife and daughter. By all accounts, Percy was a tough man. He was law enforcement. He knew how to handle himself. And he kept a .45 caliber pistol in a bureau drawer in his bedroom.

Then we have his wife, Geneva Merrick. Geneva was 26 years old. Eleven years younger than Percy. She had recently had a serious surgical operation, and she was still recovering at the time of the events we're going to talk about. She was described as a plainly dressed woman, and after everything went down, she was reported to be "on the verge of a nervous collapse." One thing that's important to know is that Percy and Geneva slept in separate beds in the same room. Their 8-year-old daughter, Marcheta, slept in the bed with her mother.

And that brings us to Marcheta. The little girl we met in the cold open. Eight years old. Chubby, with long curls and a red ribbon. She was sleeping next to her mother on the night everything changed.

Now, Percy had a brother named Reuben Merrick. Some of the early newspaper coverage called him "Tom," but the trial testimony identified him as Reuben. Reuben was involved in basketball circles, and he knew a young athlete from Denver named Henry Downs. That basketball connection is how Downs ended up in the Merrick household. Reuben introduced them.

Henry Downs. The victim in this case. Downs was about 27 years old. He was a basketball star from Denver, Colorado. The newspapers called him a "Denver athlete." His shooting was newsworthy enough to make the sports page of the Muskogee Daily Phoenix, 150 miles from Oklahoma City. People in Oklahoma knew who Henry Downs was.

While researching this case, it was quite fascinating to see basketball being played “Professionally” at this time. To say that Downs was a pro athlete was a understatement. He was apart of the Colorado Piggly Wigglys, which is honestly a wild name for a team, but they had a connection with the grocery store with the same name. The name was so wild in fact, when they were sponsored by another grocery store, Safeway, they were forced to be called the Denver Pigs. Later, the team was purchased by Safeway and eventually after a couple of rebrands, they became better known as The Denver Nuggets which was the first team to join the NBA with this name.

In the days before April 15th, 1933, Downs came to stay at the Merrick home as a houseguest. He was connected to the family through Reuben and basketball. The prosecution would later point out that Downs "hardly had acquaintance" with Geneva. He was the brother's friend, not hers, not Percy's.

And there was one more person in that house on the night in question. Someone the newspapers barely mentioned. A man named Sanders. We don't know Sanders' first name. We don't know his relationship to the Merricks. All we know is that he was sleeping somewhere in the house that night, and when everything went sideways, he jumped up and turned on the light and asked, quote, "What the hell is going on?"

So that's the household on the night of April 14th, 1933. Percy, 37, the highway officer. Geneva, 26, recovering from surgery. Marcheta, 8, sleeping next to her mother. Henry Downs, 27, the basketball player from Denver. And Sanders, the unknown. All under one roof. And a .45 in the bureau drawer.

THE NIGHT — APRIL 14-15, 1933

On the evening of Friday, April 14th, Henry Downs went out to a party. And at that party, he drank. He drank a lot. Percy Merrick would later testify that when Downs came back to the house, he recognized him as drunk. He used a word that I love from this era. He said Downs had gotten "hooched." That's 1930s for hammered and I think I’m going to try and bring that term back.

Now, this detail is going to matter. Remember it. Downs was drunk. He came home hooched from a party in the early morning hours.

According to Percy Merrick's testimony at trial, at approximately 4:30 in the morning on Saturday, April 15th, Percy was sleeping in his bed. Geneva was in the other bed, with little Marcheta beside her. And Percy was awakened by Geneva screaming.

She was screaming, "Percy! Percy, get up quick, my Lord, there's a strange man in bed with me!"

Now, think about that for a second. Geneva's first reaction was that there was a "strange man" in the bed. She didn't say Downs' name. She said a strange man. According to earlier accounts, Geneva initially thought the person approaching her bed was Percy, her husband. It was dark. She was half-asleep. And when she realized it wasn't Percy, she screamed.

Percy jumped out of bed. He testified, "I saw the bulk of a man off her bed, and I grabbed him by hair and neck." He grabbed whoever it was and pulled them away from his wife's bed. Sanders, sleeping elsewhere in the house, heard the commotion, jumped up, and turned on the light. "He asked what the hell was going on."

And that's when Percy saw who it was. It was Henry Downs. Their houseguest. His Brothers Friend. The basketball player from Denver. And he was drunk.

Percy said at trial, "Then I recognized Downs. I thought he had got hooched... drunkenly staggered in the room." He described Downs as looking pale and scared. Downs didn't say anything. He just stood there. Merrick shoved him out of the room.

Now here is where the story gets really interesting. And this is where I think the whole case turns.

Percy asked Geneva what happened. His exact words at trial were, "I asked my wife if he did anything to her, and she said he was trying to."

"He was trying to." That's what Geneva told Percy in the heat of the moment.

Percy went for the gun. The .45 in the bureau drawer. He got it. And he was ready to use it right then and there. But the other guest, Sanders did something that, to me, is one of the more puzzling things in this case.

He stepped in front of Henry Downs. He physically shielded Downs. He put his body between Percy and Downs and he would not move.

Percy testified that he shouted, "Stand back, big boy! I'll shoot him here. It will be through my body."

Think about that. This isn't the wife. This isn't a family member. This is a guest in the house who just woke up to chaos — and his first instinct is to throw himself between a man with a .45 and the guy that man wants dead. Why? What did Sanders know? Was he just trying to keep Percy from ruining his own life? Or did he know something about what really happened in that bedroom — that maybe a drunk man had stumbled into the wrong room in the dark, and nobody needed to die over it?

We'll never know for sure what Sanders was thinking. But I can tell you what the prosecution was thinking. County Attorney Lewis R. Morris had a theory, and he expressed it with one of the best lines I've ever read in a court case. He said, "The truth wandered into the bedroom on two legs, from the bathroom."

Morris believed Downs stumbled in from the bathroom, drunk and confused. Not as a predator. Not as an assailant. Just a hammered 27-year-old who opened the wrong door at 4:30 in the morning. And when you remember that Downs had been at a party getting hooched all night, and that 8-year-old Marcheta was sleeping in that bed too, the prosecution's theory starts to sound a lot more plausible than the defense's.

Because if Downs was deliberately trying to assault Geneva, he was doing it with a child in the bed. Who does that?

But whether it was an assault or a drunken stumble, what happened next is not in dispute. Percy Merrick told Henry Downs to leave. His exact words were, "I don't know that there's anything you could say that would help matters a bit. You get out, and I mean out of town."

Downs tried to apologize. Percy wasn't having it.

And then, the night went quiet. Nobody called the police. Nobody went to the hospital. Nobody reported an assault. Percy sat up and smoked for the rest of the night. Geneva, the 26-year-old mother, lay sobbing on her bed. Marcheta was sent back to bed. "I followed the folks to the front room, but they sent me back to bed," she would later testify.

No police were called. Remember that. It's going to matter.

THIRTEEN HOURS

This right here is the part of the story that I keep coming back to. Because what happens in the next thirteen hours either makes Percy Merrick a sympathetic figure or it makes him a murderer.

Morning came. The sun came up on April 15th, 1933. And Percy Merrick did not go to the police. He did not report what happened. He did not take his wife to the hospital. You know what he did?

He went to work.

Percy Merrick got in a car with his boss, a man named Marvin Brown, his superior in the state highway department, and drove 45 miles to Chickasha, Oklahoma. And back. A 90-mile round trip. He was described as "extremely nervous" during the drive, but he made the drive. He functioned. He did his job. He drove a car. He interacted with his boss.

This is not a man who has lost the ability to reason. This is not temporary insanity. This is a man going about his day.

And here's the other thing that kills me. At some point during the day, Downs left the Merrick home. Whether he was kicked out or left on his own, we don't know. But he ended up at a gasoline filling station at 23rd Street and Lincoln Boulevard. And he had a 16-year-old friend with him at that gas station. A teenager. That kid would later testify at trial.

Now, Percy came home from Chickasha. It was the afternoon. He decided to take Geneva, who was still sick from her surgery, out for a ride. And where did they stop? They stopped at that gasoline filling station at 23rd and Lincoln.

Percy Merrick walked in and found Henry Downs sitting in a chair, reading a newspaper.

THE SHOOTING

Now, I want you to picture this scene. It's about 5:15 in the afternoon. A filling station. Henry Downs is sitting in a chair, reading the paper. He's got his 16-year-old friend nearby. And in walks Percy Merrick. The man whose wife's bed Downs was in thirteen hours ago.

According to Percy's testimony, Downs looked up and made what Percy described as "a sort of insulting grin or slur." Whatever look Downs gave him, Percy didn't like it. He told Downs, "Just one or two more of those, and that is going to cause me to kick the stuffing out of you, or you to kick it out of me."

And then, according to Percy, Downs jumped up. Downs came at him. Downs kicked at his groin. Percy pulled the .45 caliber pistol.

And this is where Percy's story gets convenient. He testified, "I pulled my gun to knock him down. I didn't intend to kill him then. But the gun went off. I don't remember anything until I came to, snapping that empty .45."

"I came to, snapping that empty .45."

Five shots from a .45 caliber pistol. Five trigger pulls. Two of the bullets hit Henry Downs. One of them hit him in the head.

Three of the five shots missed. At close range. Now, that could mean Percy was firing wildly, out of control, in some kind of blackout like he claimed. Or it could mean what it usually means when someone fires five times and only hits twice. He was shooting at a man who was trying to get away.

County officer Claire Tyler investigated the scene. He noted the path of the bullets, which indicated that Downs had been sitting in that chair when the shots were fired. A seated man. Reading a newspaper. Shot with a .45.

When officers arrived and asked Percy what happened, his answer was five words: "I shot in defense of my home."

In defense of his home. Not in defense of his life. Not in self-defense. In defense of his home. At a gas station. Thirteen hours later.

THE DYING MAN'S LIE

Henry Downs was taken to the hospital. He had a bullet in his head and another wound in his body. He was near death. And he did something that I cannot stop thinking about.

When the doctors and the police asked him what happened, Henry Downs said the shooting was an accident. He said Percy Merrick had been cleaning his gun, and it went off.

Just think about what he was asking people to believe. A man cleaning a .45 caliber revolver accidentally fired five rounds, two of which hit a man sitting in a chair at a gas station. One of which went into his head. It was an accident.

It was an absurd lie. And Downs knew it was absurd. He wasn't trying to be believed. He was trying to protect Percy Merrick. The man who had just put a bullet in his brain.

Why? I keep asking myself that. Why would a dying man protect the person who killed him? Was it guilt? Did Downs know or believe he had done something wrong in that bedroom, and he felt he deserved what he got? Was it loyalty to Reuben Merrick, who was his friend and the connection to the family? Was there something more complicated going on between Downs and the Merricks that nobody wanted exposed?

We will never truly know the answer. Because Henry Downs died two days later, on Monday, April 17th, 1933. He was 27 years old. And on his deathbed, he maintained the lie. The Maud Enterprise reported, "On his death bed, Downs declared he was shot accidentally."

Now, here's a bit of legal irony for you. In the law, there's something called a dying declaration. It's an exception to the hearsay rule. The idea is that a person on their deathbed has no reason to lie, so their final statements are considered especially trustworthy. Courts allow dying declarations as evidence specifically because dying people are presumed to be telling the truth.

Henry Downs used his dying declaration to tell a lie. And that lie probably made the prosecution's case harder. Because how do you convict a man of murder when the victim himself says it was an accident?

No charges were initially filed against Percy Merrick. Geneva was reported to be "on the verge of a nervous collapse."

THE "HONOR SLAYING"

After Downs died, things started moving. The day after his death, on April 18th, Percy Merrick was released on bond. The Enid Morning News ran it under the headline: "SLAYER OF ATHLETE RELEASED ON BOND."

Two days later, on April 20th, there was a preliminary hearing. The Maud Enterprise headlined it, "'Honor Slaying' Case In Court." And that's the phrase that would follow this case forever. "Honor slaying." Like killing a man in a chair at a gas station was somehow noble.

Merrick was described as the "confessed slayer." He offered no defense at the preliminary hearing. Prosecutors expected no difficulty binding him over for trial. And the case was set for trial in district court.

The press had already made up its mind. This was a husband defending his wife's honor. That was the story. Downs was the intruder. Merrick was the protector. The "unwritten law," they called it. The idea that a man has the right to kill someone who violates his wife.

But the unwritten law is just that. Unwritten. It's not in any statute. It's not in any legal code. It's a feeling. A justification. An excuse. And one judge was about to say so, out loud.

THE TRIAL — MAY 1933

The trial opened on Monday, May 8th, 1933. The Daily Oklahoman ran a big spread with photos of Percy and Geneva: "'Honor Slaying' Trial Opens Today."

The prosecution was led by County Attorney Lewis R. Morris. And Morris was not buying the honor slaying narrative. He came in with a plan. He was going to prove that Downs hardly knew Geneva. He was going to prove that Downs was drunk and stumbled into the room by mistake. And he was going to hammer home the fact that thirteen hours passed between the bedroom incident and the shooting.

The defense was led by attorneys Prince Freeling and Ed Nor. Their strategy was temporary insanity. The idea was that Percy Merrick, upon seeing a man in his wife's bed, was driven to such a rage that his reason "staggered" and he could not control his actions.

"At that moment reason staggered." That was the defense's phrase. It's poetic. But it's got a problem. Which moment? The moment in the bedroom at 4:30 in the morning,Or the moment at the gas station at 5:15 in the afternoon, after he'd driven 90 miles, gone to work, come home, taken his wife for a ride, and found Downs reading a newspaper? Reason doesn't stagger for thirteen hours. Reason has a nap and comes back.

On Tuesday, May 9th, the testimony began. And this is where the case went from a newspaper story to something truly unforgettable.

Geneva Merrick took the stand as the first witness. The young wife, 26 years old, still recovering from surgery, told the jury about the night of April 14th. About the scream. About the strange man. About keeping Percy from the gun.

Then Reuben Merrick, Percy's brother, took the stand. He was the one who knew Downs through basketball. He was the one who had brought Downs into the family. And he stood up in that courtroom and described his brother as "anger-crazed." That's a heavy word to use about your own brother. But it was the word the defense needed. Anger-crazed. Not in control. Temporarily insane.

But the moment everyone would remember was when the defense called its next witness.

MARCHETA

I told you about her at the beginning. The chubby 8-year-old with the curls and the red ribbon. Little Marcheta Merrick walked up to that witness stand, and the whole courtroom changed.

Judge John B. Ogden looked at her and asked if she knew what it meant to be sworn in. She said, "No, ma'am." And then she said, "Because if I don't tell the truth, Jesus will put a bad mark in His big book."

I want you to understand something about the jury in this case. They were all married men. Every single one of them. And they're sitting there watching this little girl in her frock and red ribbon, swearing on Jesus's big book, about to tell them what happened in her mother's bed.

Marcheta testified. She said, "Daddy kissed me and said I had been a sweet girl." That was earlier in the night. Then she woke up. "I don't know exactly what woke me up. But she was saying 'Oh, Percy, don't,' hurting my arm."

Think about that. Geneva was saying "Oh, Percy, don't" and was hurting Marcheta's arm. Whether she was pushing Marcheta away to protect her or squeezing her arm in fear, either way, the child woke up in the middle of something terrifying.

Then Marcheta said, "I turned over and screamed. She was fighting and looking at Mr. Downs. I didn't say anything. I followed the folks to the front room, but they sent me back to bed."

They sent her back to bed. An 8-year-old girl who had just woken up to her mother fighting a strange man. They sent her back to bed and told her to go to sleep.

Whatever the prosecution's legal theory was, whatever the evidence showed, whatever the twelve-hour gap meant, in that moment, Marcheta Merrick gave every married man on that jury permission to feel what Percy Merrick felt. She made it real. She made it personal. And the headline the next day in the Daily Oklahoman said it all: "Child's Story Aids Merrick Case Defense."

PERCY ON THE STAND

After Marcheta, Percy Merrick himself took the stand. And he testified for hours. He went through the whole thing. The awakening at 4:30 AM. Grabbing Downs by the hair and neck. Recognizing him as drunk. The gun in the bureau. Geneva blocking him. Telling Downs to get out of town. Smoking all night while Geneva sobbed.

He told the jury about driving to Chickasha the next day. About being "extremely nervous." About coming home and taking Geneva for a ride because she was still sick. About stopping at the gas station and finding Downs inside, reading a newspaper. About the insulting grin. About the confrontation.

And then he got to the shooting. And this is what he said: "Then Downs jumped up and came at me, and I struck back. He kicked at my groin, and I pulled my gun to knock him down. I didn't intend to kill him then. But the gun went off. I don't remember anything until I came to, snapping that empty .45."

"I came to, snapping that empty .45." That was the defense in one sentence. He blacked out. He didn't know what he was doing. At that moment, reason staggered.

Several physicians were also called to testify that Percy Merrick was temporarily insane at the time of the shooting. The defense had lined up 39 witnesses total. They were throwing everything they had at this.

THE UNWRITTEN LAW IS NOT IN EFFECT

On Wednesday, May 10th, closing arguments were heard. And then Judge John B. Ogden delivered his charge to the jury.

And he said something that, for me, is the most important sentence in this entire case.

In a loud, firm voice, Judge Ogden told the jury: "The unwritten law is not in effect in Oklahoma."

He told them plainly. Even if Merrick's young wife was assaulted. Even if everything the defense said was true. Percy Merrick was not justified in shooting Henry Downs unless the jury could find that he was legally insane or acting in self-defense at the time of the shooting.

The judge defined the standard: "The test of insanity in this state is whether a man knew right from wrong or had the capacity to know the consequences of his act at the time of committing it."

And think about what the jury had to consider against that standard. Percy Merrick waited thirteen hours. He drove 90 miles. He went to work. He came home. He took his wife for a ride. He walked into a gas station and found a man reading a newspaper. And then he fired five rounds from a .45.

Does that sound like a man who didn't know right from wrong? Does that sound like a man who didn't know the consequences of his actions?

The press had been calling this an honor slaying for weeks. The defense had given them an 8-year-old girl swearing on Jesus's big book. And the judge stood up and told them that none of that mattered under the law.

Now it was up to twelve married men to decide.

THE VERDICT

The jury got the case at 4:28 p.m. on Wednesday, May 10th. And they deliberated. Through the evening. Through the night. Into the next morning.

I always wonder what happens in a jury room when they deliberate overnight. Were they arguing? Were they torn between what the law said and what their hearts said? Because they had heard an 8-year-old girl swear on Jesus's big book. They had heard a husband describe finding a man in his wife's bed. But they had also heard a judge tell them the unwritten law does not exist. They had also seen the thirteen-hour gap. The drive to Chickasha. The man sitting in a chair reading a newspaper.

At 9:20 in the morning on Thursday, May 11th, 1933, the jury came back.

Guilty. First degree manslaughter.

Not murder. Not innocent. Manslaughter.

The sentence: five years in the penitentiary at hard labor.

The Oklahoma News ran it across the front page: "MERRICK APPEALS 5-YEAR TERM IN 'HONOR' SLAYING." The subhead told you everything: "Wife Collapses as Jury Returns Verdict Finding Mate Guilty of Manslaughter in Alleged Attack on Her By Athlete."

Geneva Merrick collapsed in that courtroom. Percy, in his dark gray suit, was described as "distressed." His attorneys had predicted an acquittal. They were wrong.

As Percy led his collapsed wife out of the courtroom, a reporter asked him for a statement. And Percy Merrick, the man who had given five-word answers and long testimony and dramatic quotes throughout this entire case, said seven words:

"I can't make any statement now."

The defense immediately filed for an appeal. A new trial motion was set for May 18th. The newspaper suggested it could take about a year before Merrick would actually have to report to the penitentiary.

CLOSING THOUGHTS

So what do we make of this case?

The jury found the space between murder and innocence. They didn't acquit Percy Merrick. They didn't convict him of murder. They found manslaughter. Five years. They were telling him: what you did was a crime, but we understand why you did it.

But here's what I keep coming back to. The things that don't add up.

Why did Sanders shield Downs with his own body? This man was a guest in the house. He woke up to shouting, to chaos, to a man holding a .45 — and his first instinct was to stand between the gun and the target. What did Sanders know? What had he seen or heard that made him so sure nobody needed to die that night?

Why did Henry Downs, with a bullet in his head, lie to protect Percy Merrick? Why did he maintain that lie on his deathbed? If he had done something terrible in that bedroom, wouldn't guilt be a reason to accept the consequences? But if he hadn't done anything — if he had just stumbled in drunk from the bathroom — then protecting Percy makes even less sense. Why would you protect a man who shot you for no reason?

Why didn't anyone call the police? If Geneva was assaulted at 4:30 in the morning, why didn't a former law enforcement officer pick up the phone and report it? Thirteen hours passed. Not a single call. Not a single report. Instead, Percy drove to Chickasha, went to work, and came home.

And why did Percy bring the gun to the gas station? He said he was taking Geneva for a ride. Why did he have a .45 in the car? He claims the shooting was spontaneous, that Downs provoked him and jumped at him. But he had the gun.

I don't think we'll ever know the full truth of what happened in that bedroom at 4:30 in the morning. County Attorney Morris believed Downs stumbled in drunk from the bathroom. Percy believed Downs tried to assault his wife. Geneva said "he was trying to" but then didn't want Percy to act on it. And Downs himself never said a word about it, except to lie about the shooting until the day he died.

What I do know is this: an 8-year-old girl woke up in her mother's bed, scared, and was sent back to bed. A 27-year-old basketball player was shot in a chair at a gas station and died insisting it was an accident. A 26-year-old mother collapsed in a courtroom. And a 37-year-old man was sent to the penitentiary for five years.

The newspapers called it an honor slaying. But I'm not sure where the honor is.

[PRODUCTION NOTE: Pause / beat]

In May of 1934, Percy Merrick got his day before the appeals court. He lost. The conviction stood. He served his time.

And then — life went on. Percy and Geneva stayed together. They moved on from all of it. They built whatever kind of life you build after something like this. Percy made it to about fifty years old before he fell ill and passed away. Geneva lived into her eighties. Both of them are buried in Bethany, Oklahoma. Same town. Same ground. Whatever happened in that bedroom in 1933, whatever was said and whatever was left unsaid — they carried it together to the end.

If you know anything about the Merrick or Downs families, or if you have anything that might fill in the pieces we're still missing — who Henry Downs really was, what happened to little Marcheta — I would love to hear from you. And if you have an idea for a future true crime case you'd like us to dig into, reach out to me at TrueCrime.Blog. I'm always looking for the next forgotten story.

Thank you all for listening to this episode of Forgotten True Crime. If you enjoyed it, please subscribe, leave a review, and share it with someone who loves true crime. Check out the blog at TrueCrime.Blog for the original newspaper clippings, photos of Percy and Geneva Merrick, and the full timeline of the case. All the links are in the description below.

Until next time, I'm Trevor with Okie Investigations. Stay safe out there. Just know you are unique, you are special and you are loved.

SOURCES

All sources are newspaper clippings accessed via Newspapers.com.

[1] The Daily Oklahoman (Oklahoma City, OK), Sunday, April 16, 1933, Pages 9-10.

[2] The Daily Oklahoman (Oklahoma City, OK), May 9, 1933 (pre-trial reference).

[3] Muskogee Daily Phoenix and Times-Democrat (Muskogee, OK), Monday, April 17, 1933, Page 6.

[4] The Enid Morning News (Enid, OK), Wednesday, April 19, 1933.

[5] Maud Enterprise (Maud, OK), Thursday, April 20, 1933, Page 4.

[6] The Daily Oklahoman (Oklahoma City, OK), Monday, May 8, 1933, Page 14.

[7] Shawnee Evening Star (Shawnee, OK), Tuesday, May 9, 1933.

[8] The Daily Oklahoman (Oklahoma City, OK), Tuesday, May 9, 1933, Page 2.

[9] Shawnee Evening Star (Shawnee, OK), Wednesday, May 10, 1933, Page 1.

[10] The Daily Oklahoman (Oklahoma City, OK), Wednesday, May 10, 1933, Page 1.

[11] The Oklahoma News (Oklahoma City, OK), Thursday, May 11, 1933, Page 1.

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