Ted Heaton
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Edmund Caunce Nowell 'Ted' Heaton (late 1872 – 19 September 1937) was a British diver and swimming instructor born in Liverpool, England. He is notable for his small tank diving displays during the late 19th century and for his several unsuccessful attempts to swim the English Channel during the early 20th century. Having begun training to swim the channel in 1893, he made a total of seven attempts. He often came within several miles of the French coast, with the closest being in August 1909 when he came within 2 miles (3.2 km). His swimming efforts earned him a role as a superintendent of his local swimming baths and a salary of £120 a year which also included accommodation and energy provision.

Key Information

Heaton undertook army service during World War I, by joining the Sportsmen's Battalions in 1916 given he was several years too old to enlist ordinarily. He served with the Royal Fusiliers at Dover as a sergeant-instructor to prepare them for trench warfare and even did duty at a prisoner camp in India, before being discharged in 1919 on grounds of disability due to gallstones. He was employed as a swimming pool attendant on transatlantic passenger ships, notably the RMS Carinthia during 1928 to 1929. In the early 1930s as superintendent and swimming instructor at his swimming baths, he devised a swimming tuition system to allow school students to enter the water simultaneously, which utilised wood floats and canvas webs and upon catching the attention of Poland's Director of Education, was reviewed favourably.

He was married twice, firstly to Elizabeth who died just two years later, while his second wife Julia committed suicide in 1927. He had three children to his second wife, two sons and a daughter. During his later life, he advertised himself as a swimming instructor at his Cornwallis Street baths. He died in September 1937 while on a visit to the seaside town of Southport.

Early life

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Heaton was born in the fourth quarter of 1872.[2] His father, Edward Heaton, was a book-keeper[3] for Liverpool Docks. He trained as a printer's compositor, and worked in the profession irregularly before becoming a professional swimmer around the 1890s.[4]

Swimming and diving

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19th century

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Heaton's early career was focused on circus acts and tank diving. One early feat reportedly took place at a Birkenhead circus, where in early 1896 he was reported to have dived 50 feet (15 m) into a 3 feet 6 inches (1.07 m) tank at Ohmy's Grand New Circus.[5] He wrote to The Era in May 1896, after they erroneously stated that Professor Bracken held the unique position as a small tank champion high diver. Heaton disputed the statement, stating that he was the originator of small tank diving, having performed it at all the circuses and noting he was "the only small tank diver".[6] Following the death of fellow high diver Tommy Burns in July 1897, Heaton organised a charity dive from Rhyl Pier to help raise money for the family to pay for the funeral costs, and he sent them the sum of £3 and 10 shillings from the proceeds.[7] His charity performance in the evening was observed by over 2,000 people on the pier and 10,000 on the beach, where he dived, according to Heaton himself, with his body in flames.[8]

In January 1898, he dived into Belfast harbour from a specially constructed 50 feet (15 m) high platform at Queens Bridge, witnessed by around 15,000 spectators.[9] Diving into a water tank that was "only 42 inches (1.1 m) deep", it was described as being a "great sensational dive".[10] The following month, having been growing in popularity, he was engaged to perform a dive at the Cirque Raney, in Lyon, France, from a 50 ft height while enveloped in flames, into a tank measuring just 16 feet (4.9 m) by 10 feet (3.0 m).[11] At the Scottish Zoo in September 1898, he was "a capital hit" when secured to perform a 50 feet (15 m) dive into a small water tank just 42 inches (1.1 m) deep, while "enveloped in flames from a large number of fireworks". His performance drew a big audience to the zoo.[12]

20th century

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Heaton would sometimes combine swimming and diving into a single event, such as in June 1905 when he swam 10 miles (16 km) from Eastham to New Brighton, where the climax was diving off New Brighton Pier.[13]

During the 1900s, he made several unsuccessful attempts to swim the English Channel.[4] Despite reportedly first training for the feat back in 1893,[14] his first attempt was in July 1905 and reportedly started well. He entered the water at 7:41am and swam the breaststroke at pace, experiencing fine and sunny weather conditions. His attempt was alongside Annette Kellerman, who also attempted to swim the channel at the same time, but she left the water 5–6 miles (8.0–9.7 km) out due to sea-sickness. Despite swimming through strong currents, Heaton stopped at 2:30pm in a state of sickness, six miles from the shore,[15] having to abandon his efforts due to swallowing a mouthful of oil.

Monty Holbein and Ted Heaton shaking hands at Dover seafront, 1907

After undergoing vigorous training, Heaton prepared for another attempt to cross the channel in 1907. In late June, he attempted to beat the Wallasey ferryboat on the New Brighton to Egremont service, which was met with great interest from the boat's passengers. Despite not beating the ferryboat, which completed the journey in 20 minutes, Heaton swam the journey in just under 28 minutes, followed by a "brisk walk" along the beach.[16] Two months later in early August, he made another attempt to cross the channel, this time with Jabez Wolffe. He started his swim at 8:55 am and was 4 miles (6.4 km) away from land by 11 am. The conditions were described as calm, with some fog haze caused by the heat which developed into something denser. Conditions for the next hour were described as unpleasant, until a light wind cleared the fog. As the swim developed into something resembling a race between the two swimmers, the weather turned around 2:30 pm with a darker sky that developed into a thunderstorm. Once this passed, the swimmers continued in their efforts, although due to a thick haze, the boats supporting Heaton lost sight of him for a time. Unable to see the coast and with no goal visible, he chose to give up his attempt despite being in fine physical condition, noting that another attempt would be made when the tides were next suitable.[17] He made a fourth attempt several weeks later but left the water after just three hours of swimming due to choppy waters.[18] In August 1909 on his fifth attempt, he reached within 1.75 miles (2.82 km) of the French coast but adverse tides forced him to give up, having been in the water for over 15 hours by that time.[19]

Jack Weidman feeding Heaton on his 1910 channel swim

In early September 1910, he again unsuccessfully attempted to swim the English Channel, coming within four miles of the French shore and being retrieved from the channel in an exhausted state having spent sixteen hours in the water.[20] Despite being a cold night, he continued with his swim but began showing signs of weakness as midnight approached, ultimately giving up on his effort at around 1:21am.[21]

On his seventh and what would be his final attempt to swim the Channel during August 1911, he swam in a warm sea with just a slight breeze. Heaton entered the water around 8:20 am from the supporting boat which was also carrying his wife. Around an hour after entering the water, the wind increased and after over 10 hours swimming at 6:40 pm, abandoned his effort and returned to Dover. He came to within 5 miles (8.0 km) of the French coast.[22]

Outside competitive sport

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World War I volunteer

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In late 1914, Heaton joined the Sportsmen's Battalions of London, after being unable to enlist ordinarily due to exceeding the age limit by three years. During the early stages of World War I, he became a prime mover in the Liverpool Volunteer Athletic Corps and felt he wanted to be associated with strenuous wartime activities.[23] Around the start of 1916, he was transferred to the Royal Fusiliers at Dover as a sergeant-instructor,[24] where he was reported in February 1916 to be preparing them for trench warfare[25] and two months later in April, had travelled to India to do duty in a 3000-strong prisoner camp in Rajputana, noting that he did not find the work or climate too taxing on his health.[26] Having served in the military later during the war in the Essex Regiment, he was discharged in December 1919 on disability grounds due to gallstones.[27]

Superintendent and instructor

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In August 1905,[28] Heaton was appointed by an overwhelming majority as the superintendent of Cornwallis Street baths, earning a salary of £120 (equivalent to £16,700 in 2024) a year despite a councillor opposing the appointment on the basis that his "only recommendation was his attempt to swim the channel".[29] The benefits of the role, which he secured from among a number of applicants, included a house, coal and gas and could rise to £150 (equivalent to £20,900 in 2024) per annum.[28] He also found employment as a swimming pool attendant on transatlantic passenger ships, notably the RMS Carinthia from 1928,[30] with an expected length of service lasting for one year.[31] He returned to Liverpool in mid-1929 and resumed swimming instruction at his Cornwallis Street baths.[32]

During his later years, he advertised himself as a swimming instructor,[33] having been known to teach swimming to school children. In order to assist lessons among groups of students, he devised his own system of wood floats and canvas webs which allowed students to enter the water at a specific depth and familiarise themselves with the concept of buoyancy. The device allowed entire classes to be taken into the water simultaneously, whereas previously it was limited to one at a time. Heaton was inspired by a conversation he had with Lord Wavertree, who remarked on the slow speed of class swimming tuition. The device caught the attention of Poland's Director of Education, who upon witnessing use of the apparatus, expressed amazement at its simplicity.[34] He promoted himself in 1932 as "Liverpool's famous swimming master".[35]

Personal life

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Heaton reportedly measured 5 feet 9.5 inches (1.765 m) in height and weighed 13 stone 8 pounds (86 kg; 190 lb) around the time he first started training in 1893 to swim the English Channel.[14] His first marriage was to Elizabeth Emery in May 1890, but she died two years later.[36] He married Julia Rolling on 4 December 1893 at St Peter's Church, Liverpool[37] and they had two sons, Edmund James Whittaker (b. c1894), Regnialan (b. c1905) and a daughter, Ellen (b. c1896). According to the 1901 census, he had a younger brother Thomas Heaton, 16 years his junior who was living with him at the time.[38][1] His daughter Ellen won third prize during a competitive swimming event for ladies in 1913 at Hoylake that was officiated by Heaton.[39] His eldest son became incapacitated with frostbite while serving with the Scottish in trenches on the Western Front during World War I, ultimately being treated in Fazakerley Hospital.[23]

His father was Edward Whittaker Heaton and was listed as a widower living with his son's family during the 1911 census.[40] He died in 1915 at the age of 71 after being knocked down by a taxicab, dying from concussion.[41] Heaton's wife Julia served in Bombay as a Voluntary Aid Detachment nurse during World War I, having served in the role in Liverpool for around a year.[42] In 1927, she committed suicide after swallowing poison whilst of unsound mind.[43] He was known to have a friendship with cricketer Frank Sugg.[44]

He died on 19 September 1937 in Southport General Infirmary while on a visit to the seaside town, leaving effects worth £135, 2 shillings and 1 penny (equivalent to £10,000 in 2024).[1][45] He was buried at Allerton Cemetery on 22 September 1937.[46] Heaton was still active as an instructor shortly before his death, with advertisements in local press just weeks before he died.[47]

References

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from Grokipedia
Ted Heaton is the Sheriff of Stevens County, Kansas (county seat Hugoton), a position he has held for many years following his earlier service as a detective with the Stevens County Sheriff's Department during the 1990s.[1] He was most recently re-elected in the 2024 general election as a Republican candidate and was sworn in for a term extending to December 31, 2028.[2][3] Heaton is primarily known for his investigative work and detailed trial testimony in the late-1990s case State v. Lumley, which involved the December 12, 1996, stabbing death of Robert Guerrero in a mobile home. As a detective, Heaton arrived at the scene at 10:08 p.m., observed the victim's fatal chest wound, noted the absence of bloody rags or items used to stop bleeding, located a knife on the bed, and conducted multiple interviews with defendant Vickie Lumley in which her account of the struggle and stabbing evolved over time.[4] His testimony described Lumley's initial claim of an accidental stabbing during a struggle, later shifts to her gaining control of the knife and stabbing Guerrero to fend him off, and specific details such as her demonstration of events and statements like "I got a hold of the knife, and I threw it to get it away from me. And that must have been when I cut him." The Kansas Supreme Court affirmed Lumley's conviction for intentional second-degree murder on March 5, 1999.[4] As sheriff, Heaton has continued to oversee law enforcement operations in the rural county, including responses to incidents such as accidents, hazardous items, and community matters.[5][6]

Career

Detective with Stevens County Sheriff's Department

Ted Heaton served as a detective with the Stevens County Sheriff's Department during the 1990s.[7][8] In this role within the small rural agency serving Stevens County, Kansas (county seat Hugoton), he conducted criminal investigations as part of the department's law enforcement duties.[8] His work as a detective included participation in notable cases, such as the investigation into the December 1996 stabbing death of Robert Guerrero that later became the subject of State v. Lumley in the Kansas Supreme Court.[7]

Sheriff of Stevens County

Ted Heaton has long served as the elected Sheriff of Stevens County, Kansas, the county seat of which is Hugoton.[1] He was the Republican candidate for the position in the 2024 general election and was subsequently sworn in for a new term on January 13, 2025, extending through December 31, 2028.[3][9][2] Following his earlier service as a detective with the Stevens County Sheriff's Department, Heaton has held the office of sheriff for an extended period, as evidenced by his ongoing involvement in county matters and repeated elections.[10][5] As sheriff, he oversees the Stevens County Sheriff's Office, which handles local law enforcement, including patrol duties, accident response, and other public safety responsibilities in the rural county.[1][5]

State v. Lumley

Case background

On December 12, 1996, Robert Guerrero was stabbed to death in a mobile home in rural Stevens County, Kansas, where he resided with his common-law wife, Vickie Lumley.[4] Lumley was charged with intentional second-degree murder in violation of K.S.A. 1996 Supp. 21-3402(a).[4] Following a jury trial in Stevens County District Court, she was convicted of the charge and sentenced to life imprisonment pursuant to K.S.A. 1996 Supp. 21-4706(c).[4] The case was investigated by the Stevens County Sheriff's Department, including Detective Ted Heaton.[4] Lumley appealed her conviction to the Kansas Supreme Court.[4]

Investigation and observations

Detective Ted Heaton of the Stevens County Sheriff's Department arrived at the mobile home crime scene at 10:08 p.m. on December 12, 1996.[4] Upon entering the residence, he observed Robert Guerrero lying on the floor in his underwear with no signs of life, as confirmed by an EMT on site.[4] Heaton then declared the area a crime scene and directed the EMTs to leave.[4] Heaton observed no bloody rags, towels, or any items that appeared to have been used to stop bleeding.[4] During his search of the scene, he discovered a knife on the bed concealed under an EMT bag.[4] Heaton then went outside and spoke with Vickie Lumley, noticing a cut on her arm, which he wrapped with gauze to provide immediate first aid.[4] Around 4 a.m. on December 13, 1996, Heaton and Sheriff Dewitt conducted a videotaped walkthrough of the residence after Lumley gave permission to search.[4] The videotape documented a 12-gauge pump shotgun standing in the southwest corner of the bedroom, a shotgun shell on the north side of the bed, another shotgun shell on a nightstand or dresser along the east wall, and a knife sheath under the bed.[4] Following the on-scene investigation, Heaton participated in subsequent interviews with Lumley.[4]

Testimony

Detective Ted Heaton of the Stevens County Sheriff's Department testified about his multiple interviews with Vickie Lumley following the December 12, 1996, stabbing death of Robert Guerrero, during which Lumley provided evolving accounts of the incident.[11] Heaton testified that he first spoke with Lumley at the scene of the mobile home on the evening of December 12, 1996, where she described Guerrero holding a knife during an argument, a struggle ensuing when he stood up, the two falling onto the bed and then to the floor, and her noticing blood and pulling the knife from his upper left chest area before tossing it aside and attempting to stop the bleeding. Lumley repeated this initial version—emphasizing that Guerrero had the knife initially and the injury occurred accidentally during the struggle—several times during subsequent interviews at the Sheriff's Department, including after she returned from receiving treatment for a cut on her arm at the hospital around 1 a.m. on December 13, 1996.[11] Heaton stated that Lumley's account changed during a further interview at approximately 6 a.m. on December 13, 1996, after officers indicated her original scenario was implausible. She then described getting hold of the knife during the struggle and throwing it away from her, stating, "Well we got into a struggle, and I got a hold of the knife, and I threw it to get it away from me. And that must have been when I cut him." She demonstrated the events during this interview, indicating the knife was in Guerrero's right hand.[11] In a later interview during the afternoon or early evening of December 13, 1996, Heaton testified that Lumley's narrative shifted again. She indicated that Guerrero had the knife initially, she obtained it (though how remained unclear), and she stabbed him to get him away from her, omitting prior details about throwing the knife or the wound occurring accidentally during a fall. Heaton's testimony highlighted these progressive changes in Lumley's statements, from an accidental injury during a mutual struggle to an intentional stabbing in self-defense.[11]

Appeal and outcome

Vickie Lumley was convicted by a jury of intentional second-degree murder in the late 1990s in Stevens County District Court and sentenced to life imprisonment.[4] Lumley appealed her conviction to the Kansas Supreme Court, raising issues including the trial court's handling of certain evidentiary matters (such as testimony about her being bailed out of jail and limitations on evidence of the victim's prior violence toward her) and claims of improper prosecutorial questions and closing argument. On March 5, 1999, the court affirmed the conviction in State v. Lumley, 266 Kan. 939, 976 P.2d 486 (Kan. 1999). The court held that the trial court did not abuse its discretion in its evidentiary rulings, that any improper remarks by the prosecutor did not constitute reversible error when viewed in the context of the entire record, and that no issues warranted reversal.[4] Detective Ted Heaton's testimony formed part of the prosecution's evidence considered on appeal, though no specific claims regarding it were raised as grounds for reversal.[4]
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