The Death of Oswald (And It Is Not The Oswald You Are Thinking)

by R. Martin Guidry

Often in "Generations" we present research on the genealogy of our Guédry-Labine and Petitpas family and on the positive aspects of our family history; however, there also are some aspects of our history that are not so positive. Below is one such story.

I want to thank Chad Huval of Breaux Bridge, LA for introducing me to this historic event. On 29 March 2019 at the Louisiana Historical Association Annual Meeting in Lafayette, LA, Chad presented a paper entitled "'The Death of Oswald': The Dixie Rambler's Ballad About a 1934 Murder in Grand Point, Nina, Louisiana". His discussion fascinated me since it involved a pair of local Guidry brothers. I immediately began researching this incident. On 5 October 2022 during the Grand Revéil Acadien celebration I attended the Symposium on Acadian History and Culture in Lafourche-Terrebonne. Chad and his brother Brazos presented Cajun music techniques and discussed the history of Cajun music. After the demonstration, I was able to discuss the Oswald incident with Chad during which he provided me with additional details he had recently learned.

I also want to acknowledge Wade Falcon of Lafayette, LA for his outstanding blog on Early Cajun Music. Wade has a vast amount of well-researched, easy-to-read information on early Cajun music, the musicians and the Cajun bands. Some of the information in this article was found only on Wade's blog. I thank him for sharing his wealth of knowledge with the public.

As was customary on Sundays in South Louisiana, folks in the 5 ^th ward near Cecilia, (St. Martin Parish, LA), gathered on Sunday evening, 9 December 1934 at the local dance hall in nearby Nina to enjoy music, dancing and some refreshments. Nina was a small community located between Breaux Bridge and Henderson just south of today's I-10 on LA 347 (Grandpoint Highway). On this Sunday evening, 9 December 1934, several young men had a disagreement during the dance that later carried to the outside. They apparently were friends; however, alcohol and the tensions of the instant changed their lives and that of many folks in the community for a long time.

Oswald Devillier, sensing danger, decided to leave the dance and return home with the family of Mr. and Mrs. Leonce Dejean and their daughter Uline. Oswald was engaged to Uline Dejean and, as was the custom, the young girl's mother accompanied Uline to the dance. Suddenly, several unidentified, young men attacked Oswald near the dance hall - beating him to unconsciousness with fence posts.

Mr. Dejean and his family hurriedly left the area with Oswald, but, after traveling only about 20 arprents (approximately ¾ mile), they were again waylaid by the attackers. Oswald was still unconscious, but the group continued to beat him. This time the family were able to identify the attackers as Eugene Dupuis, Bennet Talley and Simon Guidry - all from the Nina/Cecilia area.

Oswald Devillier, also from the Nina/Cecilia area, was rushed to the hospital in Breaux Bridge about 4 miles away. In the evening of Wednesday, December 19 ^th Oswald died without having regained consciousness. Only 17 years old at the time of his death, Oswald Devillier was buried at Saint Bernard Catholic Cemetery #1 in Breaux Bridge, LA. He was the son of Theodore Devillier and Sidonie Angelle Devillier.

Left: The Weekly Messenger, St. Martinville, St. Martin Parish 22 Dec 1934, p.1

This incident and subsequent trial had several interesting twists as we will see. This was the first murder trial in St. Martin Parish in almost fifty years in which both the victim and the assailants were white persons. During the trial all witnesses gave their testimony in French and interpreters had to be used. To the outside press from north Louisiana and from other states this was an anomaly that fascinated their reporters and readers. In St. Martin Parish this was the norm as most residents were Acadians and they primarily spoke French. Their Sunday Masses were in French, they conducted business in French and spoke French at home.

On Saturday, 5 January 1935 the court held a preliminary hearing. Although only three of the assailants were identified immediately during the second beating, there were at least six young men involved to some degree in the beatings. During the preliminary hearing Stafford Robert, Joseph Dupuis and Edwin Guidry, older brother of Simon Guidry, were granted a $1500 bond. They had been in jail since December 9th. District Attorney L. O. Pecot did not object to the bail for these three defendants since he had completed his investigation against them and because he did not want to reveal his evidence against the other three defendants - Eugene Dupuis, Bennet Talley and Simon Guidry - who were not seeking bail. Edwin Guidry, born in 1905, and Simon Guidry, born in 1911, were the sons of Lezin Guidry and Armance Colet Guidry of St. Martin Parish. Edwin was the 11 ^th child and Simon was the 15 ^th child of the 17 children born to Lezin and Armance Guidry.

The Grand Jury met at the St. Martin Parish Courthouse in St. Martinville on 1 April 1935. They examined the evidence against the six defendants and returned a "No True Bill" against Stafford Robert, Joseph Dupuis and Edwin Guidry. They were released and faced no further charges. The Grand Jury returned a "True Bill" against Eugene Dupuis, Bennet Talley and Simon Guidry to the charge of murder. They were held in the parish jail awaiting their trial. Interestingly, the Grand Jury stated that these three inmates were being fed at the jail at a cost of sixty-five cents each per day. Members of the Grand Jury were Joseph Rousseau, foreman, Beauregard Fournet, Frank Ducrest, Moise Champagne, David Trahan, Sidney Mouton, Jr., Jacque Borel, Ben Dugas, Maurice Soileau, Ernest Webre, Iphis Fournet and Michel Simon.

The court convened on Thursday, 11 April 1935 with Judge James D. Simon presiding. A number of cases were heard and disposed; however, the murder trial was delayed at the request of the defendant's attorney. The court room was crowded to capacity as many folks from the Nina/Cecilia area were attending the trial. Junior defense counsel Lawrence Simon made a plea for postponement because the chief defense counsel Porteus Burke was ill and confined to his bed with influenza. His family physician Dr. C. C. DeGravelle stated that Mr. Burke would not be able to leave his bed for at least two weeks. Judge Simon granted the request and set the trial for Monday, 20 May 1935.

The trial commenced at the local court house on 20 May 1935 with the three defendants represented by Porteus R. Burke of New Iberia and Lawrence Simon of St. Martinville. District Attorney L. O. Pecot and Assistant District Attorney S. C. Landry represented the State. Mr. James Domengeaux of Lafayette was retained by the Devillier family to assist the State. Sitting on the jury were B. S. Dessens, foreman, M. A. Bernard, Alpha Bienvenu, Anatole Fuselier, Achille Gaudin, C. P. Guirard, Garland Bonin, Jean Borel, Eude Bernard, Willie Olivier, Paul Bienvenu, Jr. and Owen Resweber. The witnesses gave their testimony in French and the court appointed P. S. Daspit as the court interpreter to translate the testimony and to ask questions for the state and defense.

Interestingly, all non-local newspapers found the French language unusual and each of their headlines stated a variation of "Testimony Is Given Entirely in French at Louisiana Murder Trial".

After three days of opening arguments, testimony and closing arguments, the jury began deliberations on Thursday morning, 23 May 1935. After only two hours the jury returned a verdict of guilty without capital punishment. The court house was crowded each day of the trial even after increasing the capacity to 600 persons by placing chairs in the aisles and near the judge's bench. Sentencing was set for Monday, 27 May 1935 at which time Judge Simon sentenced each of the defendants to life imprisonment. The three was taken to the Louisiana State Penitentiary at Angola, LA on Tuesday, May 28 ^th by Sheriff E. L. Resweber.

On arriving at Angola, the in-processing clerk began a form on each defendant. That for Simon Guidry contains the typed information:

Registration Number - 25831
Name - Simon Guidry
Race - White
Religion - Catholic
Age - 24 years
Height - 5 feet 5 ½ inches
Weight - 118 lbs
Complexion - Fair
Color of Eyes - Brown
Color of Hair - Black
Description & Marks - Good teeth, large protruding ears, long thin nose, small mouth, thin lips, no other marks
Nativity - Breaux Bridge, La.
Birthplace of Father - La.
Birthplace of Mother - La.
Married or Single - Single
Education - None
Can Read and Write - No
Previous Terms Served - None
Home Address - Route #1 Breaux Bridge, La.
Address of Relative or Friend - Mr. Lesein Guidry (Father) Route #1 Breaux Bridge, La.
Physical Classification - 2
Term - Life
Occupation - Truck Driver
Crime - Murder
Number of Shoe - 8
Date of Conviction - May 27, 1935
Judge and Court - James D. Simon, 16 ^th Judicial District, Parish St. Martin
Date Received - May 28, 1935
Expiration Full Term - Life
Expiration Single Commuted Time - May 28, 1950.

In addition, there are some handwritten notes on the form including:
  Escapes - February 28, 1936 furlo to March 18, 1936, Returned March 18, 1936;
    November 14, 1936 C. O. (Court Order) St. Martin Parish, Returned January 1937
Good Time Credits and Eligible List - June 7, 1935 Guard "E"
Expiration of Term with All Commutation to Date - November 28, 1945.

Louisiana State Penitentiary (better known as Angola from the name of the former plantation on which it is located) is the largest penitentiary in the United States at over 18,000 acres with over 6300 prisoners including 4400 serving life without parole. Not only a penitentiary, Angola is a penitentiary farm where inmates raise crops to feed themselves and for the state to use at other penal facilities.

The mid-1930s was a dangerous time to be incarcerated at Angola. Convicts were forced to work in the fields, paid pennies per day and treated basically as slaves with armed guards on horseback watching their every move. And the guards had no fear to shoot a disruptive or escaping inmate. Brutality was rampant within Angola with beatings and stabbings occurring frequently from other inmates and even guards brutally beating prisoners. Death was not uncommon. To be incarcerated at Angola in the 1930s was almost a death sentence. Angola Penitentiary was known nationwide as the bloodiest prison in the country. To the inmates, it simply was Bloody Angola.

In mid-1937 the convictions of Simon Guidry, Eugene Dupuis and Bennet Talley took a strange twist. On 23 June 1937 Louisiana Governor Richard W. Leche left the State of Louisiana briefly. According to state law, while he was gone, Lieutenant Governor Earl K. Long became the Acting Governor with the full powers of the governor. On June 23 ^rd Acting Governor Long signed full pardons with total restoration of citizenship for Simon Guidry, Eugene Dupuis and Bennet Talley. No motive for granting the pardons was given; however, some folks suspected a motive other than full rehabilitation of the three after only two years and 25 days of imprisonment.

In a statement Acting Governor Long stated that he simply acted for Governor Leche and according to the wishes of the governor. Many St. Martin Parish leaders and townsfolks also favored the releases including the trial judge, the sheriff, members of the jury, members of the Louisiana State Senate and House of Representatives, the assessor and other parish officials.

One news reporter at the time commented that it is puzzling to think that a jury would make so grievous a mistake as to convict three relatively innocent men and sentence them to life terms in prison. Likewise, he found it baffling that so many influential leaders of the community should make such a mistake as to favor the release of the three convicts who had perpetrated such a hideous crime.

One must also remember that these young men came from the very small, rural community of Nina, Louisiana. The families were hard-working, well-respected citizens of St. Martin Parish and, as far as can be ascertained, none of the three had been in legal trouble before. Violence was prevalent at dancehalls in south Louisiana in the 1930s and 1940s and alcohol only compounded the problem. Both the victim and the three charged with the crime were friends prior to the dance. Likely a small disagreement grew to major proportions due to alcohol and possibly because other young men gathered nearby to see the fight. Perhaps in reflection, the local folks felt the three men at Angola deserved a second chance and felt they would become law-abiding, productive citizens. Thus, they asked their elected officials to seek their release.

In the 1930s the sounds of Cajun music could be heard from the open dance hall windows and doors as couples two-stepped and waltzed the night away. The Cajun band Dixie Ramblers from Lafayette, LA had a large following wherever they played in southwest Louisiana - be it the Four Corners in St. Martin Parish, the O.S.T and Wagon Wheel in Acadia Parish or Sidney Duhon's in Lafayette Parish. The Dixie Ramblers were a string band in the mid-1930s. Accordionist Lester Lalonde wrote a new song entitled "The Death of Oswald" in 1936 and it was recorded in English by the Dixie Ramblers on RCA's Bluebird record label (B-2181) in New Orleans. Musicians on the 78-rpm record were Willie Vincent on guitar and vocals, Jesse Duhon on guitar, Hector Duhon on fiddle and Hector Stutes on fiddle. The song was an ode to the murder of a Louisiana man. "The Death of Oswald" was one of the few event songs in the early Cajun music era.

The Death of Oswald
I once had a true pal named Oswald,
A boy with a heart made of gold,
Whenever his honor was at stake,
He fought like a man brave and bold.

One evening he took out his sweetheart,
A wagon club dance was his goal,
But fate had a point in Nina's Grand Point,
A tragedy cruel and cold.

A mug pulled a long white new saber,
Caused trouble among friends and foes,
He somehow perceived the danger,
For home he decided to go.

Three hostile men prompted by liquor,
They lay in wait for their prey,
I closed my eyes to the slaughter and cried,
Was far too atrocious to say.

For long weeks and cold in deep slumber
You, neither mother nor friend,
His sweetheart at his bedside kept praying,
Good God, won't you please save my man.

His eyes fast and firmly towards heaven,
His hands became stiffen and cold,
He passed with a sigh to his maker on high,
He fought like a man brave and bold.

What alcohol do to good people,
In pain it will leave you torn,
A good man of fortune may bolster,
And wake up behind prison bars.

Dear Oswald, in your place in heaven,
Down as to where your killers now hide,
May they be forgiven by God and by man,
They were friends of yours and of mine.

In 1937 the Dixie Ramblers began playing "The Death of Oswald" at dances and parties. By late June 1937 Simon Guidry, Eugene Dupuis and Bennet Talley had been released from Angola and word of the song of their exploits soon reached them. The three former convicts did not take kindly to the song and let it be known to the band in no uncertain terms. Hector Duhon, fiddler for the Dixie Ramblers, explained "They got out of the pen and they came to the dance one night and told us: 'Don't play that number if you want to stay here tonight!'" This quickly shut down the song's career in south Louisiana dance halls.

For a sample of "The Death of Oswald" click the link below. There is a short 5-second commercial at the beginning.

https://youtu.be/fGJ5G5iT3WM

What happened after Simon Guidry, Bennett Talley and Eugene Dupuis gained their freedom from being pardoned? From the available evidence all three rejoined their local communities and lived productive, law-abiding lives.

Simon Guidry, born on 8 October 1911 and the son of Lezin Guidry Sr. and Armance Colette, was the 15th child of 17 in his family. His older brother Edwin, who was released from custody on a "No True Bill" by the Grand Jury and who was born 11 December 1905, was the 11 ^th child of the family. The Guidry family lived near the small hamlet of Nina in St. Martin Parish, Louisiana. On 16 October 1940 Simon reported to the World War II draft board and registered his name in the 3 ^rd precinct, 5 ^th ward of St. Martin Parish. He was 29 years old and reported that his sister Laurence would be his contact person. He was employed by his father Lezin Guidry. His physical characteristics were white race, 5 foot 4 inches tall, 125 lbs, brown eyes, black hair and a light brown complexion. Interestingly, the registrar recording his information was Bennet Tally. Simon provided his mark as his signature. He was given the serial number 2288 and order number 1088. Simon Guidry married Flavia Mouton on 19 June 1954 and had one son with her. Flavia Mouton had a son and daughter in her previous marriage to Dolphy Kidder. Simon died on 20 January 2004 at his home in St. Martin Parish at age 92 and was interred at St. Joseph Catholic Cemetery in Cecilia, Louisiana after a Mass at St. Joseph Catholic Church. In addition to his wife, son and two step-children surviving him, he had six grandchildren and seven great-grandchildren.

The only son of John William Talley and Marie Agnes Dupuis, Benjamin "Bennett" Talley was born on 25 February 1912 in St. Martin Parish, Louisiana. He had three half-brothers by his father's two previous marriages and five additional half-brothers by his mother's two other marriages. After leaving Angola, Bennett Talley became a very successful and innovative sugar cane farmer in the Henderson, LA area and was president of the Breaux Bridge Sugar Co-op during the first half of the 1960s. In the 1940s and 1950s he organized and led the Nina Red Bird softball team. Bennett married Ella May Arnaud on 23 December 1939 in Arnaudville, LA and they had two sons and two daughters. As with Simon Guidry, Bennett Talley lived his entire life in the Nina area of St. Martin Parish. On Tuesday, 23 January 2001 Bennett died at Doctors Hospital in Opelousas, St. Landry Parish, LA at age 88. He was laid to rest at St. Joseph's Catholic Cemetery in Cecilia, LA.

The last of ten children of Beauregard Joseph Lucius Dupuis and Adele Guidry, Jean Eugene Dupuis was born near Nina in St. Martin Parish, LA on 9 March 1901. After being released from Angola in 1937, Eugene registered for the World War II draft on 14 February 1942. He listed his address as Nina, LA and was employed by A. J. Dupuis of Nina. His physical characteristics were white race, 5 foot 9 inches tall, 165 lbs, gray eyes, black hair and dark brown complexion. At the time of his registration, he was able to sign his name in a clear, strong script. Eugene was a truck farmer in the Nina area. About 1921 Eugene married Lidney Trahan and they had two sons. On 20 December 1945 Eugene Dupuis died at his home at the age of 44 years. His services were held at St. Joseph Catholic Church in Cecilia, LA and he was interred in the family tomb at St. Joseph Catholic Cemetery.