The Fate Leebern Murder (1946)

Background

Fayette “Fate” D. Leebern was a prominent crime kingpin and liquor dealer from Columbus, Georgia, operating during the 1940s. He was a successful businessman who founded Georgia Crown Distributing Company (originally Columbus Wine Company Distributors) in August 1938, which became one of the first companies to unload legal liquor in Columbus following the end of Prohibition. Despite his legitimate business ventures, Leebern was also heavily involved in the illegal whiskey trade and criminal operations across the Alabama-Georgia border.

Leebern was the archrival of Hoyt Shepherd, the kingpin of the Phenix City crime syndicate. The two men competed fiercely for control of the illegal liquor trade and other criminal enterprises in the region. Hoyt Shepherd had previously warned Leebern that if he caught him “on this side of the river” (in Phenix City, Alabama), he would kill him.

The Murder

Date: September 16, 1946
Location: Southern Manor Night Club, Phenix City, Alabama

The Night of the Murder

On the evening of September 16, 1946, Hoyt Shepherd was celebrating at the Southern Manor nightclub with his associates, including his brother Grady “Snooks” Shepherd, his partner Jimmie Matthews, and his mentor Clyde Yarborough. They had just successfully rigged a local election, defeating reformers Hugh Bentley and Hugh Britton by ensuring their candidate, Elmer Reese, won re-election to the City Commission through voter fraud.

During the celebration, Hoyt Shepherd spotted Fate Leebern across the room sitting at a table with a woman identified as Edna Hoyt, a contestant in the 1945 “Miss Columbus” beauty pageant. Miss Hoyt was employed at the Cardinal Cafe in the Cardinal Hotel and had been sponsored in the beauty contest by Georgia Music Company, one of Leebern’s business enterprises.

The Confrontation

Hoyt Shepherd gave 19-year-old hostess Jeannette Mercer a $20 bill and told her to leave the high dice room. He then instructed the floor manager, Otis Stewart, to leave as well. Shepherd approached Leebern’s table and asked him to follow him to the private dice room.

Terrified by what she sensed was about to happen, Jeannette Mercer ran toward the door. Before she could escape, she heard two shots fired and a body hit the floor. She fled into the street and went into hiding. Otis Stewart, the floor manager, disappeared that night and was never seen again.

Fate Leebern died of two bullet wounds in the small private dining room at the Southern Manor.

The Investigation and Trial

Immediate Aftermath

The day after the murder, Grady “Snooks” Shepherd admitted to police that he had killed Fate Leebern, claiming self-defense. Hoyt Shepherd and Jimmie Matthews stated they were eyewitnesses and corroborated the self-defense claim.

One week later, both Hoyt Shepherd and Jimmie Matthews were also arrested and charged with murder. All three men were placed in the same cell at the Russell County Jail.

The Defense Team

Hoyt Shepherd spared no expense and hired virtually every lawyer in Phenix City and Russell County to defend himself and his associates:

Roy Smith (city attorney, also representing Grady)
Jabe Braswell
William Belcher
Julius Hicks
Arch Ferrell
Jake Walker
Albert Patterson

This was the case that earned Albert Patterson the largest retainer of his legal career. Patterson’s successful defense of Hoyt Shepherd initially ingratiated him with the Phenix City crime syndicate, though he would later turn against them.

The Prosecution Team

The Leebern family retained five prominent attorneys to assist the Circuit Solicitor and Russell County Solicitor:

Roderick Beddow (Birmingham)
E.E. Andrews (Atlanta)
Lawrence Andrews (Union Springs)
Joe Ray (Columbus)
Hubert Calhoun (Columbus)

Donald Leebern, Fate’s son, also turned in a knife that Clyde Yarbrough claimed to have found six inches from Leebern’s body, providing private counsel to assist the prosecution.

The Trial

The trial was heated and lengthy, lasting several weeks in October 1946.

Key Witness: Jeannette Mercer was eventually found and brought to testify. However, the defense team attacked her character and did everything possible to discredit her testimony.

Defense Strategy:

The police were used as defense witnesses to corroborate the self-defense claim
The defense attacked Fate Leebern’s character
They portrayed Leebern as a dangerous criminal who posed a threat

The Verdict

After just four hours of deliberation, the jury returned its verdict:

Hoyt Shepherd: Not guilty
Jimmie Matthews: Not guilty
Grady Shepherd: Trial never happened due to missing witnesses

Aftermath and Consequences

Impact on the Leebern Family

The acquittals were “horrifyingly devastating” to the Leebern family. Despite the obvious circumstances of the murder and the witness testimony, the corrupt legal system in Russell County—controlled by Hoyt Shepherd’s political machine—ensured that justice was not served.

However, the Leebern family business survived. Fate’s son, Donald Leebern Sr., took over Georgia Crown Distributing Company and ran it until 1957. The company remains family-owned today, now in its fourth and fifth generations of Leebern family leadership.

Impact on Hoyt Shepherd

Despite winning the case, Hoyt Shepherd was deeply disturbed by how close the trial had come to convicting him. The disclosures and conduct of the trial made him realize he needed tighter control over the legal and political system.

As a result, Shepherd decided to “reshuffle the deck” and consolidate his power. He determined that Phenix City and Russell County needed its own separate circuit court system, staffed with hand-picked elected officials who could be depended upon. This decision laid the cornerstone of what became known as the “Phenix City Machine”—a corrupt political apparatus that would control the area until 1954.

In 1947, Shepherd succeeded in his plan:

Julius Hicks (one of Hoyt’s defense attorneys) was appointed circuit judge
Arch Ferrell (another defense attorney) became the circuit solicitor
The City Commission was expanded from three to five members to ensure Shepherd’s control

Impact on Albert Patterson

Patterson’s successful defense of Hoyt Shepherd earned him significant money and the gratitude of the crime syndicate. However, this case would haunt Patterson. Two years later, in 1948, when Patterson defended gambling associates in another murder case, he realized his legal skills had made him “a party to an obstruction of justice.”

Patterson made a decision that would change the course of his life and Phenix City’s history: he vowed never again to represent the criminal element. This decision eventually led him to join Hugh Bentley’s reform movement and ultimately to run for Attorney General on a platform of cleaning up Phenix City—a campaign that would cost him his life in 1954.

The Disappeared Witnesses

Jeannette Mercer: After testifying, she remained in fear for her life. Her testimony was instrumental but ultimately insufficient to overcome the corrupted system.
Otis Stewart: The floor manager who witnessed the murder disappeared the night of the killing and was never seen again, presumed murdered to prevent his testimony.

The Leebern Business Legacy

Despite the tragic murder of their patriarch, the Leebern family built Georgia Crown Distributing Company into a successful multi-generational business:

Timeline:

1938: Founded by Fayette D. Leebern as Columbus Wine Company Distributors
1946: Fate Leebern murdered; Donald Leebern Sr. assumed leadership
1957: Donald M. Leebern Jr. took over
1987: Don Leebern III (fourth generation) joined the company
Present: Don Leebern III serves as President, Don Leebern Jr. as CEO, with the fifth generation now involved

The company operates as a full-service beverage distributor with wholesale operations in Alabama, Georgia, and Tennessee.

Historical Significance

The Fate Leebern murder case was pivotal in Phenix City history for several reasons:

Consolidation of Criminal Power: The acquittals emboldened Hoyt Shepherd to create the corrupt political and legal machine that would dominate Phenix City for the next eight years.
Witness Intimidation: The disappearance of Otis Stewart and intimidation of other witnesses demonstrated the climate of fear that prevented justice in Phenix City.
Corruption of Justice: The case exposed how completely the Phenix City crime syndicate had corrupted the legal system, with defense attorneys later becoming judges and prosecutors.
Patterson’s Transformation: The case marked the beginning of Albert Patterson’s evolution from mob lawyer to reform crusader, setting the stage for the dramatic events of 1954.
Pattern of Violence: The murder established a pattern of violent elimination of rivals and witnesses that would continue throughout the Phenix City crime era.

Key Figures

The Victim:

Fayette “Fate” D. Leebern – Columbus crime boss and liquor distributor, founder of Georgia Crown Distributing Co.

The Perpetrators:

Grady “Snooks” Shepherd – Hoyt’s brother, confessed to the killing, claimed self-defense
John Hoyt Shepherd – Phenix City crime boss, ordered the killing
Jimmie Matthews – Hoyt’s partner, charged and acquitted

Key Witnesses:

Jeannette Mercer – 19-year-old hostess, heard the shots, testified despite intimidation
Otis Stewart – Floor manager, disappeared and never seen again
Edna Hoyt – 1945 Miss Columbus contestant, was with Leebern when he was killed

The Lawyers:

Albert Patterson – Lead defense attorney for Hoyt Shepherd (later murdered in 1954)
Roderick Beddow – Lead prosecutor for the Leebern family

The Leebern Family:

Donald Leebern Sr. – Fate’s son, took over the family business
Donald M. Leebern Jr. – Grandson, CEO
Don Leebern III – Great-grandson, current President

The Fate Leebern murder represents a turning point in Phenix City’s descent into complete corruption, demonstrating how the crime syndicate had achieved total control over the legal system. It would take Albert Patterson’s assassination eight years later to finally break the machine’s stranglehold on the city.

The Fate Leebern Murder (1946)

Background