125 Acres

George Dinning was emancipated in 1865, when he was 10 years old. By the time he was in his mid-thirties, he’d bought the land on which he had been enslaved. Years later, 25 white men approached the house George had built by hand and told him to come outside. Ben Montgomery’s book is A Shot in the Moonlight. Say hello on Facebook, Instagram and TikTok. Sign up for our occasional newsletter. Follow the show and review us on Apple Podcasts. Sign up for Criminal Plus to get behind-the-scenes bonus episodes of Criminal, ad-free listening of all of our shows, invitations to virtual events, special merch deals, and more. We also make This is Love and Phoebe Reads a Mystery. Artwork by Julienne Alexander. Check out our online shop. Episode transcripts are posted on our website. Learn more about your ad choices. Visit podcastchoices.com/adchoices

• 0:01Speaker 00

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• 1:09Speaker 02

  January 21st, 1897, started like most nights did for George Denning and his family on their farm in southern Kentucky. George had dinner with his wife Molly and their children. There were seven at home with them. The youngest was four months old and the oldest was 12. Then George gathered firewood and stoked the stove. It was a cold night.

• 1:34Speaker 03

  And then they'd all gotten into their beds and they were kind of crowded together. They slept, you know, several kids to each bed. And after a period of time, many of them had fallen asleep. Somewhere around midnight, the dogs started barking outside and this kind of woke them all up.

• 1:53Speaker 02

  Author Ben Montgomery.

• 1:55Speaker 03

  And, you know, this is an event that was recalled in court, in depositions, many times by many different people. And so we have lots of different versions of events. But the clearest timeline is that after George Dinning's family wake up from the dogs barking, they then hear voices outside their, their home.

• 2:19Speaker 02

  George Dinning and his family had lived in their home for almost 15 years. It was on a plot of 125 acres of land that George had purchased from the family that had enslaved him and his parents. He'd grown up there enslaved by a man named David Dinning until he was 10 years old, when the 13th Amendment was ratified and he was emancipated. In the years after the Civil War, he worked to earn enough money to buy the land, and by his mid-30s, he had. He also bought two horses, seven hogs, 24 chickens, four turkeys, and a plow. He grew tobacco, which did well in the soil there, and built the two-story cabin by

• 3:04Speaker 02

  hand. What did it mean for a black man at that time to be able to buy land and build a house on it?

• 3:13Speaker 03

  It was a big deal. He had been born into slavery and was among the first generation, certainly in the South, the first generation of emancipated people to own property. It would have been a huge deal. It was uncommon. None of his neighbors who owned farms around him immediately in his vicinity were black like he was.

• 3:38Speaker 02

  When George Dinning heard the voices outside his home that night in 1897, he went to the door, but he didn't open it.

• 3:47Speaker 03

  He called out, "Who's out there?" And they refused to identify themselves. "We're your friends," they said.

• 3:55Speaker 02

  There were 25 white men outside, and about half of them were carrying guns.

• 4:00Speaker 03

  The men outside called him by name and said, "Come outside. We need to talk to you." They demanded he step onto the porch. He's saying, "No, who's out there?" They're saying, "We're your friends. We just want to talk." He says, "No, if you're my friends, you'd show your face." By the way, he had seen outside that they had covered their faces. Many of them had, you know, they weren't wearing hoods of the Klan, but they were wearing bandanas sort of wrapped over their mouths, disguising...

• 4:33Speaker 03

  Their identity. And so he said, if you're my friends, then you wouldn't be hiding your faces and you'd say exactly who you were.

• 4:41Speaker 02

  The men told George they were there because they believed he'd been stealing meat from their smokehouses.

• 4:48Speaker 03

  He protested. He said, you know me, I am, I am, if you're, say you're my friends, then you know that I'm a good, upstanding man. And he said, also, I can line up a number of upstanding white people who will vouch for me. So don't just take my word for it, but give me a chance to, to call upon our upstanding white neighbors to say that I'm a good guy. This wasn't satisfying to them. They wanted him to come outside. And, and it was somewhere in this, in this quick back and forth, which lasted somewhere between a minute and two minutes, that somebody opened fire from the backside of the house.

• 5:30Speaker 03

  The men in the front of the house, then immediately, many of them under the assumption probably that they were being fired upon from someone inside the house, they start returning fire and firing against the house. We know from testimony later that their, their leader, the guy who'd kind of been doing the talking on the front porch, his name was Doc Moore. He was a Civil War veteran. He said, shouted to all of them, squat and fire. Squat and fire. And the men do, if they've got a gun, they squat and fire right at Dinning's house.

• 6:08Speaker 02

  There were so many bullets that George Dinning first thought someone had thrown dynamite into the house.

• 6:14Speaker 03

  His children would later testify, a couple of them, that they, you know, witnessed bullets sail through the air, through their cabin. Dinning's 12-year-old daughter would testify in court that a bullet went through her hair. And as soon as the gunshots started, he went for his own, his own rifle. You know, not far away in Memphis, Tennessee, Ida B. Wells, the black journalist, was. Was writing right around this time about the importance for black people in the rural South to arm themselves because lynching was so common and was getting, it seemed to her, more frequent.

• 6:54Speaker 03

  She said famously, "A Winchester rifle should have a place of honor in every black home, and it should be used for that protection which the law refuses to give." So whether Dinning had a rifle for hunting, which was common, or for his own protection, which may also have been common, I don't know. But he grabbed his rifle and he started making his way upstairs. And as he passed a window on the east side of the house, he felt pain in his arm, in his left bicep, and looked down and saw blood. But he was on his way up the steps, so he continued up the steps. The top of the steps were a window with wooden shutters.

• 7:37Speaker 03

  The window did not have a glass pane, just these two wooden shutters. And as he reached the window, he threw it open and leaned out with his gun at his shoulder. And just as he squeezed off, one shot, a birdshot, from a double-barreled shotgun, he took a bullet right in his forehead. What we know is the bullet entered his skin at his forehead and traveled up, under the skin, but above his skull. It didn't penetrate the skull, but traveled under his skin and then came out about three inches from where it had entered his forehead. He immediately retreats back into the house, the bullet wound to his head and a bullet wound to his left arm.

• 8:21Speaker 03

  And as soon as his shot is fired, almost immediately, all the guns outside fall silent. And there's stillness for a second, and the men are heard retreating away from the house. And it's at this time that George Dinning must have...

• 8:44Speaker 03

  You know, Ben faced with the decision, what do I do? What do I do? What is the best and safest thing for us in this moment? And he decided to get out of the house to bolt. He ran outside, out the back door to the nearest tall grass he could find, and threw himself down and just waited and listened. And when he was sure the men were gone in retreat, he finally got up off the ground. He's in his night clothes. He got up off the ground and went back to the house. And his wife Molly had met him there with his boots and his jacket. They both knew that he couldn't stay.

• 9:25Speaker 02

  I'm Phoebe Judge. This is Criminal.

• 9:39Speaker 02

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  Instead of striving for perfect health, support your foundational health. Save 25% on your first month at ritual.com/criminal. That's ritual.com/criminal for 25% off your first month. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. After he got dressed, George Denning ran half a mile to the house of one of his white neighbors, a man he considered a friend.

• 12:28Speaker 03

  And he couldn't rouse him. He shouted outside and couldn't get the guy's attention. And if you pause for a second and think about this, this might be a tricky situation, right? He's pretty sure that he trusts this guy, but doesn't know for a fact that this guy wasn't among the white people who were there at his house that night, right? So when he calls out and no lights come on, and he calls out again and hears no sound, he took off running again. So he tries again. Another white neighbor who lives nearby, and this neighbor, he wakes. And the man examines Dinning. He sees the gunshot wound in his bicep.

• 13:10Speaker 03

  He sees the gunshot wound in Dinning's head. Dinning is holding his double-barreled shotgun. He sees that one shot has been discharged from that.

• 13:22Speaker 03

  He asks what happened and Dinning tells him what he knows. So he spends a few hours there and just as the sun starts to come up, he's gonna make a break for it to check on Molly and the kids. But on his way, he is met by a black friend who tells him the bad news. That that one shot that he squeezed off from the upstairs room had struck and killed a man named Jody Khan. And he must have suspected then, because Jody Khan was the 32-year-old scion of one of the wealthiest families in that region, it would have been very easy for George Dinning to predict what might happen next,

• 14:06Speaker 03

  which was people would be looking for vengeance.

• 14:11Speaker 02

  What did he do next after he heard about about Jody?

• 14:16Speaker 03

  Well, he couldn't go home. He realized this would have been incredibly dangerous. What he decided to do was walk nine miles from where they lived in the rural southern part of the county to the county seat of Franklin and turn himself in to the sheriff. This, at the time, was not, you know, there would have been a lot of risk, let's say, involved in turning yourself in to a southern sheriff if you're a black man. To turn yourself over to the sheriff often meant to turn yourself over to the lynch mob. And we see evidence all over the state of Kentucky and northern Tennessee, this very thing happening. Black men and women accused of crimes.

• 15:01Speaker 03

  Maybe they would be arrested or maybe they would turn themselves in. And the mob would show up outside the jail, demand the keys. The jailer would feign some kind of resistance and then turn over the keys. And the mob would take the accused and carry out vigilante justice, if you will, in the form of lynching, often in some public place in some public way.

• 15:27Speaker 02

  But the sheriff and George Dinning knew each other. Sheriff Clark had heard about what had happened at George Dinning's house, and had started preparing to get George out of town as quickly and quietly as possible. Men had already started gathering outside the jail when the sheriff put George into a carriage and rode with him about 20 miles north to another jail in the bigger city of Bowling Green.

• 15:54Speaker 03

  And Dinning would have known that he had just, you know, through his good fortune or the protection of this man, he had just escaped what would have been an attempt on his life by a lynch mob.

• 16:08Speaker 02

  And what was happening back at his house with his wife and children?

• 16:14Speaker 03

  So Dinning had no idea what was going on, but some of the men who had been there that night, the night before, some of the men who had even dressed Jody Kong's wounds with whiskey and cotton, had come back to his house the next morning. And they had found, by the way, his 14-year-old son, who had been staying with his grandmother and grandfather, that was Dinning's mother and father. The men abducted that boy, and they basically held him and the rest of the family at their little home for most of the day on Saturday, hoping that George Dinning would return. And when he didn't, when they learned that he had turned himself in to Sheriff Clark,

• 16:58Speaker 03

  they demanded that Molly and the children leave the county, and leave the state, in fact. Some of the testimony would later say, they said, "Ride 50 miles and don't stop until you get at least 50 miles away." They had two horses. Molly loaded her children onto the two horses. She walked. They took what they could, a couple of feather beds. And as they walked away, the men set fire to the house and to any various outbuildings and to the fields.

• 17:34Speaker 02

  So they knew as they were walking away that the house was gone?

• 17:39Speaker 03

  They would have smelled the smoke.

• 17:43Speaker 02

  Molly later said, "I was so badly frightened when I left that I did not take time to put wrappings on myself or children. They hadn't eaten." That night, they rode all the way to Tennessee, to Molly's brother's house. On the way, black families came out to the road, carrying food, and handed it up to the children. The sheriff and George Dinning arrived at the jail in Bowling Green around 7:00 that evening. Not long after, the jailer received word that a mob was forming and on its way.

• 18:20Speaker 03

  And he was so worried about this that he armed some of the prisoners because that's how serious this was. He wasn't about to let the lynch mob take his prisoner. But they do realize they need to get George Dinning somewhere even safer. And so he's once again loaded up, not into a carriage this time, but into a train, and sent to Louisville, which is the biggest city in Kentucky at the time and probably offers the most protection.

• 18:53Speaker 02

  Even though he had turned himself in, George Dinning hadn't been charged with anything.

• 18:59Speaker 03

  Because the only people there who could testify to what had happened were men who had armed themselves, disguised their faces, muffled their voices, and shown up on the front porch of a black man that they were trying to threaten. So to testify to what had happened, these men had to go public. They had to say, "I was there. I was involved."

• 19:28Speaker 02

  George waited in jail in Louisville for more than a month before he was indicted for the murder of Jody Kahn.

• 19:36Speaker 02

  The trial was scheduled for late June. It would be the first time George returned to the county since he'd been relocated from the jail there for his own safety. Almost 300 soldiers escorted him from Louisville. One officer told a reporter that he'd heard that friends of Jody Kahn were planning to take George away from the troops as soon as he arrived, and that it has been said that a regiment of soldiers can't prevent his being hanged. The lieutenant governor sent soldiers with two cannons to guard the county jail. The governor banned guns from the courtroom and ordered for everyone who came in to be searched.

• 20:20Speaker 02

  On June 30th, George Dinning arrived at the courthouse in a three-piece suit. Members of a Black Baptist church in Louisville had taken up a collection to buy it for him. He was surrounded by eight soldiers carrying rifles stationed there to protect him. The first witnesses to testify were some of the men who had shown up at George's house that night.

• 20:44Speaker 03

  It almost sounds rehearsed. If you read the transcript, it's like they used the same language to describe what they were doing. Their story was they assembled in the evening because they were concerned about some stealing that had been going on in the neighborhood. They all claimed that when they got to Dinning's, they were ambushed. That they were there peacefully, trying to coax him outside so they might have a civilized conversation with him, and he fired on them from an upstairs window. And their story was that they did not fire or return fire until they were fired upon.

• 21:20Speaker 02

  When George Dinning's lawyer asked one of them, "What was the purpose of keeping him from knowing who you were?" He answered, "We didn't want him to know, I guess."

• 21:32Speaker 02

  George Dinning's lawyer called the jailer at Bowling Green, a white farmer who lived near George Dinning and had heard gunshots that night, the white neighbor who George had spoken to that night, and another white farmer who saw the bullet holes in the house the next morning. He also called a black neighbor who agreed to testify despite the risk. He said that he'd heard what sounded like pistols firing before he heard what would have been George's shotgun. George's 12-year-old daughter, Eva, took the stand and described hearing shooting before her father ran upstairs to her bedroom and shot out the window. She also described bullets flying through her hair.

• 22:17Speaker 02

  George Dinning testified that he'd been scared that night. When his lawyer asked him if he believed when he fired his gun that he and his family were in danger, George replied, "Yes, sir, because they shot me first, and of course, I knew I was in danger." By the time the jury adjourned for deliberations, newspapers around the country were reporting on George Dinning's trial.

• 22:44Speaker 03

  People were paying attention outside of this small town, Franklin, Kentucky. They were paying attention because this case dealt with some fundamental civil rights issues. Could a man protect himself with deadly force inside of his own home if he was attacked? Question one, everyone answers yes, you know, across the board. Question two, could a black man protect himself using deadly force in his own home when he's under attack?

• 23:23Speaker 02

  We'll be right back.

• 23:39Speaker 02

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• 25:42Speaker 02

  The jury hearing George Denning's case was made up of 12 white men. It took them the whole day to come back with their verdict.

• 25:50Speaker 03

  And they decided that he was not guilty of murder, the charge that he was indicted on, but that he was guilty of manslaughter and that he should be sentenced to seven years of hard labor at the Eddyville State Penitentiary. And that was that.

• 26:11Speaker 02

  People from all over Kentucky began writing letters and telegrams to the governor, preachers, doctors, lawyers, grocers, college professors, housewives, and the mayor of Louisville all asked that George Dinning be pardoned.

• 26:30Speaker 02

  One self-proclaimed ex-Confederate wrote, "I know nothing of either Dinning or Khan, but it is sufficient to know that he was defending his home, be it ever so humble. It was his, his castle, a place too sacred for any outside interference."

• 26:50Speaker 02

  A notary public wrote, "An impartial jury could not be obtained from among a people so prejudiced that a battalion of soldiers backed up by a battery of cannons had to be placed around the jail to protect the prisoner, and that he was praying in this case, not for mercy, but justice, pure and simple." Newspapers published editorials calling for a pardon, too. The editor of the Courier-Journal wrote, "If a man cannot protect himself and family from lawless bands of night raiders, then indeed is the spirit of the mob supreme, and law is a mockery."

• 27:32Speaker 02

  And the Paducah Sun said, "Sympathy is being aroused everywhere for the unfortunate man whose color alone denied him the right, in the eyes of the mob, to protect his home and family."

• 27:47Speaker 02

  The governor requested the trial transcripts, and after reading them, decided to pardon George Dinning.

• 27:56Speaker 03

  It was huge and unprecedented. Never before had a governor in the South, and much less anywhere else, pardoned a black man for the murder of a white man.

• 28:13Speaker 02

  The day before he announced the pardon publicly, he wired the warden at Eddyville Penitentiary so that George could get out of town before anyone heard the news. The warden gave George $5, a new suit, and a train ticket to Louisville. A group of police officers escorted him to the station.

• 28:35Speaker 02

  When he arrived in Louisville, he was invited to speak at the church that had bought him the suit for his trial. Before he was done speaking, Usher started passing collection baskets down the pews. George left that night with almost $38, more than $1,000 today.

• 28:55Speaker 02

  He started telling his story at other churches and places like the Elks Club and the Odd Fellows Hall, where 300 people came to see him. A collection was taken up for him there, too. He said he planned to use the money for a down payment on a house across the Ohio River in Jeffersonville, Indiana, where he and his family could live.

• 29:18Speaker 02

  He had also started talking about suing the white men who had come to his house that night and then set fire to it the next day.

• 29:28Speaker 02

  Not long after newspapers started reporting on the possibility of the lawsuit, George Dinning was found badly beaten in the street.

• 29:37Speaker 03

  Somebody had cracked open his head with a brick, had gouged out one of his eyes, and had beaten him badly about the torso and had left him for dead in an alleyway. He did not die. He was rushed to the hospital, checked in under a misspelled last name so the story didn't get out that he'd been assaulted for quite a few days in the local newspapers. But he recovered in the hospital.

• 30:04Speaker 02

  And then he filed that lawsuit.

• 30:08Speaker 02

  Had anything like this ever been done before?

• 30:11Speaker 03

  Not that I could find. I've found no similar case before this, that a man had, that a black man had brought a civil case like this against what would have been his lynch mob, right?

• 30:28Speaker 03

  Yeah, it was unheard of. I can't imagine the level of courage that that would have taken in that time.

• 30:37Speaker 02

  George Dinning's lawyer in the suit was a former Confederate soldier named Bennett Young.

• 30:44Speaker 02

  Bennett Young worked with George's wife and children to make a list of men who'd come to their house that night, and some who'd come the next day to help light the house on fire.

• 30:55Speaker 02

  Since the men had had their faces covered that night, George and his family didn't recognize all of them. But the men had identified themselves by choosing to testify against George in his murder trial. So Bennett Young added them to the list of defendants to be sued.

• 31:14Speaker 02

  The all-white jury met for an hour. When they came back into the courtroom, they announced their verdict. George Dinning had won, and they were awarding him $50,000.

• 31:28Speaker 03

  People were blown away. The newspapers across the country reacted to this verdict with praise. The editor of the Mount Carmel Register in Illinois, "This was in Kentucky, be it remembered." The Buffalo Express-News in New York, "This is one of the most notable triumphs of law and order ever credited to the record of Kentucky." I think everyone sort of realized that this verdict was a warning.

• 32:00Speaker 02

  Ben Montgomery says George Dinning's lawsuit paved the way for others. A month later, a farmer in Kentucky brought a suit against a group of men who had tied him to a tree, beaten him, and told him to leave the area.

• 32:14Speaker 03

  And he wouldn't. And rather than do what they said, he grabbed his shotgun and marched into town and hired a lawyer and sued them. There were a couple of other examples that I could find, really just in the months after, where black men and women were starting to use the federal court as a way to exact justice against people who had done them wrong.

• 32:42Speaker 02

  George Dinning made a life for himself in Jeffersonville, Indiana, where his children went to school and learned to read and write, something George had never been able to do. He died of a stroke in his mid-70s in 1930. He never recovered the full $50,000 that was awarded to him. The men who owed it to him claimed they just didn't have it. And he never went back to the 125 acres he owned in Kentucky.

• 33:17Speaker 02

  Have you ever gone to visit where the house was, the land?

• 33:24Speaker 04

  No, I have not, because I think it would be very emotional for me. But I am going to get down there, you know? It's just a matter of time.

• 33:35Speaker 02

  Anthony Dinning, George Dinning's great-grandson. He says George would have needed to go back to Kentucky to pay taxes on the land in person and thought he'd be killed if he showed up in person. So he never went back and ended up losing the land. Anthony says it's been divided up into smaller parcels.

• 33:57Speaker 04

  But I would love to have that land back.

• 34:00Speaker 02

  Anthony says that when he was growing up, he didn't know much about his great-grandfather. He says nobody seemed to want to talk about him, that it felt like a family secret. When he did hear about him, it was only part of the story, that George had killed a white man and that the family had had to leave Kentucky.

• 34:21Speaker 02

  As Anthony got older, he decided to see if there was more to it. He started asking older relatives what they knew and going to the library to try to find articles.

• 34:31Speaker 04

  I wanted to know where I came from. I just wanted to know who I was.

• 34:37Speaker 02

  It seems like a very brave thing of George to decide to sue this white mob at this time.

• 34:47Speaker 04

  Yes, yes. That was unheard of, not only to sue him, but to win. You know, at the end of the day, you know right from wrong, and you fight for what you believe in. You fight for what you believe in. And in his case, he fought and he won. So my siblings, my cousins, you know, we'll fight tooth and nail. You know, if we're right, we're going to fight you tooth and nail. It's just how we were brought up.

• 35:27Speaker 02

  Do you have children?

• 35:29Speaker 04

  I do. I have three, two boys and a girl, and three bonus children, a total of six.

• 35:38Speaker 02

  Do you tell them the story of George?

• 35:40Speaker 04

  Oh, most definitely. All the research that I've done, I copied, made copies of all of it, and I gave each of my children. And I told them, this is where you come from. And you keep that paperwork, and you pass this down to your children so they will know where they came from.

• 36:15Speaker 02

  Criminal is created by Lauren Spoor and me. Nadia Wilson is our senior producer. Katie Bishop is our supervising producer. Our producers are Susannah Robertson, Jackie Zdchikow, Lilly Clark, and Lena Silson. Our show is mixed and engineered by Veronica Simonetti. Julian Alexander makes original illustrations for each episode of Criminal. You can see them at thisiscriminal.com. And you can sign up for our newsletter at thisiscriminal.com/newsletter.

• 36:45Speaker 02

  Ben Montgomery's book is A Shot in the Moonlight: How a Freed Slave and a Confederate Soldier Fought for Justice in the Jim Crow South. We hope you'll consider supporting our work by joining our membership program, Criminal Plus. You can listen to Criminal: This is Love and Phoebe Reads a Mystery without any ads. Plus, you'll get bonus episodes. These are special episodes with me and Criminal co-creator Lauren Spoor, talking about everything from how we make our episodes, to the crime stories that caught our attention that week, to things we've been enjoying lately. To learn more, go to patreon.com/criminal. We're on Facebook at This is Criminal, and Instagram and TikTok at Criminal underscore podcast. We're also on YouTube at youtube.com/criminalpodcast.

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  Criminal is part of the Vox Media Podcast Network. Discover more great shows at podcast.voxmedia.com. I'm Phoebe Judge. This is Criminal.