Fairmount Police Department, Indiana
End of Watch: Thursday, November 26, 1903
Age: 56
Tour of Duty: Not available
Badge Number: Not available
Cause of Death: Gunfire
Date of Incident: November 26, 1903
Weapon Used: Handgun; Revolver
Suspect Info: Sentenced to life
Marshal James Payne was shot and killed after he arrested an ex-convict for the burglary of a local store the previous evening.
Marshal Payne took the suspect into custody, and as they proceeded to walk toward the jail at about 1:00 pm, the suspect pulled a revolver at the corner of Fifth and Main streets, fatally wounding the marshal. The suspect held back a gathering crowd, firing at three citizens who came to assist Marshal Payne as he lay dying in the street. The suspect fled from the town but was shot and wounded during his escape.
The suspect, who had been released from prison six months earlier after serving a two-year sentence for burglary, was captured three days later by police in Tiffin, Ohio. He was convicted of murder and sentenced to life. He died in prison on August 28, 1941.
He was a Civil War Veteran, having served with the 140th Indiana Infantry, Company C. The men he served with played a big part in having the suspect's parole denied many times.
Marshal Payne was survived by his wife and two sons.