Elva McCleary

Article taken from The Lima News, December 23, 1934

Long-Standing Feud Ends in Fatal Shooting

Father of Three Killed When Guns Bark in Kentucky Confectionary

Slayer Freed on Bond

Witnesses Testify Owner of Store Fired Shots in Self Defense

Portsmouth, O - Dec. 22 A feud that spanned the Ohio river today brought death to Elva Cleary, of Portsmouth, father of three, and a first degree murder charge against WIllie Holmes, FUllerton, Ky., confectioner and proprietor of a taxi company.

It was the second time gunplay had punctuated the smoldering family between the two men, Roth 20 years old. Fullerton is just across the river from Portsmouth. Eight months ago the confectioner shot Cleary thru the abdomen when according to an account Sheriff Jacob Fisher said he obtained from Holmes, the Portsmouth man abused customers in the store and reached for his pocket as though to draw a gun when Holmes ordered him to leave the place.

Cearly's life was in the balance for several days in a Portsmouth hospital. Holmes was not prosecuted on that occasion. He reported Cleary threatened several times to kill him. Holmes appealed to the Green-up co. Ky., sheriff to have Cleary kept away from the store.

But Cleary returned to the confectionery last night, said Deputy Sheriff Williams Adkins. The Portsmouth man was intoxicated, the deputy added, and asked Holmes to shake hands as a sign of settlement in their quarrel. This the two men did.

Shortly afterward, the deputy went on, a fresh a argument broke out when the confectioner complained Cleary was loafing in the store. The deputy said Cleary suggested they both draw guns in a duel.

As Cleary made a move to draw a gun from his pocket, the deputy said Holmes snatched a weapon from the top refrigerated and fired three times. Cleary died in a Portsmouth hospital today. Holmes was freed under $2,000 bond after Deputy Adkins charged him with formally with murder.

Six of eight in the confectionary fled when the stock rang out but two remained and later substantiated Holmes' claim to he fired in self-protection.

Deputy Adkins said Cleary had served 20 months in a Kentucky penitentiary on a charge of shooting with intent to kill and had been paroled three years ago.