Lit aah FNC mee
#126 2 PORTER'S REPORTS. (Jan. Term,
It is true, that the Pnglish statute refer-
red to, of Ilenry Iv, did not express the
*128
right to plead matters *of this kind in avoid-
ance; it virtually secured ihe right, by de
claring all indictments otherwise found, null
and void, and to be for nothing held. It is
equally true, that the subsequent statute of
Jienry VIII, did not expressly inhibit this
right of pleading, yet it denied it by sufli-
cient implication, when it declared that the
panel reformed as therein directed, should be
“sood and lawful.” ,oth these points of
eonstruction have also been well established
by the uniform current of English decisions.
Uawkins (Ilawk. pook 2. ch. 20, 8. 33) also
maintains these positions in nearly the same
language already quoted from Bacon. lie
says, “It hath been resolved, that the stat-
ute of 3 Ilenry VIII, doth not take away the
force of the above recited statute of 11
Henry IV, in any point wherein it doth not
expressly vary from it; from whence it fol-
lows, that if any of the jurors who find an
indictment be outlawed, or returned by @
sheriff or bailiff, at the nomination of any
other person, the indictment may be avoided
in the same manner as hefore, by force of
the 11th Ifenry IV; except such nomination
be made by the Justices, authorised, by 3d
Ilenry VIII, to reform that panel.”
From this declaration (the latter clause
particularly) the conclusion obviously results,
that such juro kee had been approved of
and nominated by the justices should be
considered, in the language of the statute,
“sood and lawful men,” so far at least, as
to make their indictments valid and con-
elusive, if objection were not made before
they were found. Then the farther conclus
sion appears to me to be equally irresistible,
that as our mode of selecting the jury is bet-
ter guarded, our lists of jurors being sub-
jected to a closer examination and purga-
tion, than can be expected from the Pnglish
mode of reforming theirs—on principle and
authority, the right of pleading to the per-
sonal disqualifications of particular jurors,
*129
who *have been selected pursuant to the
statute, must be denied. .
rmiese views of the case are no less ap
plicable to the 3d plea in abatement.
The matter of this plea—the formation
and expression of a previous opinion by the
juror against the prisoner, must rest on the
same or a less valid ground of objection. AS
respects the difference, it is, on this occasion,
only necessary to remark, that the expres
sions imputed to the juror Waldo, might not
be considered conclusive of his ineompetency.
Tiad an examination been had on challenge
of the juror, or in any other proper manner,
it might have been found that the expres:
sion of the juror was intended, and under:
stood only as @ matter of levity or jest, or
that the juror was prompted to it by mere
rumor, and had either retracted the expres:
tage of by way of plea, I reserve my opin-
jon.” Again, he says, “that a juror is out-
lawed may be taken advantage of by plea of
avoidance of the indictment, but whether
such plea is given by the Common Law, or
depends on the statute of 41 Henry IV, is a
question of some difliculty; that it was pass-
ed about the same time with the case mien-
tioned by Hawkins.” He further said, that
“Wrom a manuscript note which he had
made in the margin of his Jlawkins, he per-
ceived the statute received the royal assent
in quindina Uillarii, which was on the 27th
or 28th of January, and might, perhaps,
have preceded the decision referred to by
lilawkins.”
It appears, from a review of the authori-
ties so far, that the existence of this right,
at Common Law, is at most, very doubtful ;
put that even if the principle was conceded,
this right was allowed while the law of Eng-
land confided to the sheriff and his ministers,
the absolute and exclusive power and duty
of nominating and returning on the panel
*127
of the jury such persons *as they chose to
select, and .when it had. become usual for
outlaws, traitors, and felons, through the
contrivance or inadvertence of these oflicers,
to foist themselves into the panels to effect
oppression, oF otherwise pervert justice;—
that, to prevent these evils, the justices re-
solved, (Parliament enacting a similar pro-
vision about the same time,) that such objec-
tions should be available by plea in abate-
ment. If it remain doubtful whether the
resolution, or the statute preceded, such as I
have described were the evils to be guarded
gainst, a necessity which has po existence
under our law. Our panels, as we have seen,
are subjected to a more effectual serutiny
than those in England, as prescribed by the
statute of 3 Henry VIII, and which we have
also seen had, in the opinion of the [English
Judges, the effect to supercede the necessity
of, and exclude the right to plead this mit-
ter in avoidance.
Jo shew more definitely the manner in
which our juries are scrutinized and select-
ed, reference may be had to the statute (Aik.
Dig. 298), where it is provided, that, on each
return of the sheriff to the clerk of the Cir-
euit Court, of a list of the freeholders and
house-holders within the county, the judge
of the county court, with the commissioners,
clerk and sheriff as aforesaid, shall, on a
day appointed for the purpose, assemble at
the court house of the county, and select
from such list, sueh persons as they or a
majority of them may deem qualified to
serve on juries, and the names of the per-
sons so selected, shall be put into a box to
pe kept by the clerk for that purpose; and
the persons thus selected shall be liable to
serve on juries ; and shall be further chosen
by lot, in the manner prescribed by a previ-
ous statute.
40
aoe
eed
Leeman ation epg gaan
ends sich = able
*120 2 PORTER'S
Charles Boyington, he pleaded in abatement.
that he was known and called by the name
of Charles R. S. Boyington, which was his
proper name, and not that of Charles Boy-
ington, &c. to this plea the Solicitor filed a
replication, taking issue thereon.
This issue, on the 15th day of November,
4834, (being a day of the term of the Court,)
was submitted to the jury, who returned a
verdict against the prisoner that his plea
was untrue.
mwo days thereafter, the prisoner filed his
two other pleas in abatement.
1. That George Davis, jr. one of the grand
jury that found the indictment against him,
was not a citizen of the United States of
America, or of any one of the same, but a
subject of the Kingdom of Great Britain and
Ireland, and had never been naturalised.
2. That one C. Waldo, another member of
the same grand jury, previous to his being
elected and sworn, had formed and express-
ed an opinion respecting the prisoner's guilt
or innocence, by saying, if he should be on
the jury to try him, he would hang him.
These two latter pleas, on motion of the,
Solicitor, were, by the Court, stricken out, as
. *121
being illegal and *insuflicient, and a respol-
deat. ouster was awarded. After which, on
the 20th of the same month, the prisoner
having been arraigned, pleaded not guilty;
whereupon a trial was had before a petit
jury, who returned a verdict of guilty: on
which, judgment was pronounced.
At the trial, however, the presiding Judge
reserved for the consideration of this Court,
as novel and difficult, the question, whether
or not there was error in the decision of the
Court, ordering the two pleas, as stated, to
be stricken out.
This, alone, is the question presented for
the consideration and decision of this Court.
No objection is made to the suflicieney OF
regularity of the record, other than as men-
tioned. The grand jury appear to have been
selected by the agency, and under the in-
spection of the judge of the county court,
and commissioners of roads and revenue, to-
gether with the clerk and sheriff, in the mode
prescribed by the statute; and the indict-
ment purports to have been found by Six-
teen “good and lawful men of said county,
impanelled, sworn and charged,” &c.
Whether the plea in abatement, on the
ground of the alleged misnomer, (in as much
as it related alone to the initials of the mid-
dle name, affecting neither the christian or
sir name of the prisoner) presented a mia-
terial issue? and whether, if considered ma-
terial or immaterial, the fact of its having
been pleaded, and found against the prison-
er, could affect his right to the benefit of
any subsequent plea in abatement, is a ques-
tion which, under the views we have taken
of the other points in the case, is unnecessary
to be examined in arriving at a decision of it.
: emer
ea Raa a, Po
2 DR te ARE: wits 2 ng
Reyer a yoRe
REPORTS.
(Jan. Term,
consider it a well established principle of
the common law, that grand, as well as petit
*122
jurors, must be probi et legales *homines:
therefore, it is a good exception to one Tre-
turned on a grand jury, that he was an alien,
or villein, or that he was outlawed of a
erime, or that he was returned by the proper
oflicer, or that he was returned at the in-
stance of the prosecutor; put it is said these
exceptions must be taken before indictment
found. Bacon’s Abr. Juries A.
By the statutes of this state, these dis-
qualifications are not expressed; it is only
provided that, ‘‘No person under the age of
twenty one years, Or above the age of sixty,
nor any person continually sick, or who may
be diseased at the time of the summons, nor
any person who has been convicted of any
felony, perjury, forgery, cheat, or conspira-
cy, or offence, (crimen falsi,) shall be sum-
moned on a jury.” Aik. Dig. 295. Yet, af
would not hesitate to recognize the common
law disqualifications as being in force with
us, so far as they are known to our law, and
the same reasons can apply in all cases,
where taken in due time and in proper form.
But, it is necessary to observe, that as ear-
ly as the 11th year: of the reign of Ilenry
IV, an English statute was passed, reciting
in the preamble, that extensive injustice and
oppression liad arisen to the lawful liege peo-
ple of the King, from inquests taken at
Westminster, b: persons pamed to the jus-
tices, without vi e*return of the sheriff; of
which persons, some ‘were outlawed, and oth-
ers had fled for refuge to ganctuary for
treason and felony; therefore, it Was declar-
ed, for the ease and quiet of the people, that
jndictments so found should be revoked, an-
nulled and for nothing held; and that there-
after, no indictments should be made, but
by the King’s lawful liege people, duly sum-
moned by the proper officer; and that any
indictment otherwise found, should also “be
void, revoked, and forever holden for none.”
Bacon’s Abr. Juries A.
*123
*The finding of an indictment gives to it
the dignity of a record; and it is a general
principle of the common law, that no plea
shall be admitted, to impugn the verity of a
record; yet, that such a plea may be author-
ised by statute, none will question ; and it
appears that the statute referred to, had
this effect. Under its authority, the Courts
of England decided, that any person ar-
raigned on an indictment, taken eontrary to
the statute, might plead such matter in
avoidance of the statute, and also plead over
to the felony. Hawk. book 2 ch. 25, § 38;
Bae. Abr. Juries A; 1 Ch. Or. Law, 252.
At a subsequent period in the 3d of Hen-
ry VIII, another act of Parliament passed,
directing that all panels of grand jurors to
be returned by the sheriffs and their min-
isters before the justices of jail delivery, oF
In reference to the question reserved, 1| justices of the peace, whereof one to be of
33
< nent
fe,
mines:
me re-
1 alien,
of a
proper
ile in-
1 these
cetment
« dis-
3 only
nge of
E sixty,
‘oO may
us, nor
of any
uspira-
© sum-
Yet, I
ommon
oe with
w, and
cases,
v form.
as ear-
Ilenry
‘ociting
ice and
“e peo-
sen at
ie jus-
iff
ad
cy ror
declar-
ie, that
ed, an-
there-
le but
iy Sum-
at any
iso “be
none.”
eto it
ceneral
0 plea
ly of a
author-
and it
o, had
Courts
ON: Or
rary to
(ter in
1d over
§ 33;
2
f Tlen-
passed,
rors to
ir min-
ery, of
) be of
= ep neat viene” E
TERENAS tes eee
Smerey
Se ee
1835) BOYINGTON y. sTarR
the quorum, in their open sessions, should be
reformed by putting to and taking out of the
names of the Dersons so imMpanelled, by the
discretion of the justices, and that they
should conunand the sheriffs to put other
Persons in the same panel, and When so re.
formed Should be “good and lawful,” Tdem,
The Wnglish Judicial decisions have far-
_ ther ruled, that this latter Statute does not
take away the force of that of 11 Henry
ly, except so far as they are repugnant; and
therefore, if any indictor be outlawed, or re-
turned at the homination of any person, con-
(rary to the Statute of 1] Henry IV, except
of the justices, under their authority to re-
form the panel ag aforesaid, the indictment
May be avoided by plea, as in the former
use, Bacon’s Abr.
Since the statute referred to, of ITenry IV,
pleas in avoidance of indictments, for objec-
tlons to particular jurors, principally oy the
kround of outlawry, ha ve, in many instances,
been allowed in England ; yet, much difficul-
*124
ty has also been felt and expressed, *on the
question whether such objections ean De
Pleaded in abatement; or according to a dif-
ferent Phrascology, in avoidance tof the in-
~dictment. Previous to that Statute, there
Seems to have been no instance of it.
An eminent Jurist remarks on thig sub-
Ject, “that it was resolved in the Year Book
of 11 Ilenry Ty, by the advice of all] the jus-
tlees, that one outlawed on an indictment of
felony, May plead in abatement of it, that
one of the indictors Was outlawed for felony,
&e. But it seems to be the better opinion,
that this Teolution ig rather Srounded on
the statute of 11 Henry IV, which was made
in the Same term in Which this resolution
Was given, than on the Common Law; be-
eause it appears by the very same Year
Book, that When this plea was first broposed,
It was disallowed: from Which, I Suppose it] but if he
Is collected, that the subsequent resolution
Was founded on the authority of said Statute,
Which may be intended to have been made
after the plea was disallowed, and before
the subsequent resolution, by which it was
adjudged Sood. Yet, considering that the
wald resolution wag given in the beginning of
Hllary term, and that the Parliament that
made the Statute was hot holden before the
beginning of the same term, and therefore,
ls not likely the Statute was SO soon made ;
and also, considering that the Said resolution
Was given by the advice of al] the Judges,
Who seem to have been Consulted about the
Yalldity of the plea above mentioned, at the
‘ommon Law, and takes no manner of no-
tee of any statute, but only of the law in
general, it may deserve aq question, Whether
wich plea be not good at Common Law.” 4 bee
Hawkins, book 2, ch, 25, § 18.
I have thus quoted the Section at length,
use I discover the question there Sug-
mested, has been uniformly referred to as the
from the Statute, and th:
principle is clearly reeo
have treated of the sub
Point aut the Objection,
clusion of the juror.
that, if a man who lies y
qualification, be returned
he may be challenged by
the bill ig presented; or
Ony. That this necessity
*126
Year Book, and expression
has been shewn.
Shearers, in Ireland, in
sidered necessary in dispos
d
that Court did not consic
suage: “That a person bej
the exception eay only be
to the juror before indictine
duty of the Court, if infor
Objection to a person about to be SWOT on
the grand jury, to exclude him; also, it is
the “acknowledged privilege
present, of those anticip
or others, as the friends of the Court, to
It,
*126
authority for such pleas jn abatement, and
*125
has been the source of m
Speculation in that country, and this. ever
since. "The difficulty hag heen to determine,
Whether ANY right to plead in ‘avoidance of
A indictment for the incompeteney of par-
ticular jurors existed at Common Law, or
Whether it haq its origin in the statute of
4th ITenry, and consequently ean exist only
Within that Kingdom and its dependencies,
As I have already shewn, the principle
maintained by Bacon, is, th
England, so far as it exists, was devived
uch doubt *ond
at the right in
€ Common Law,
taken by challenge
nt found, The
gnized, by all who
ject,
and
that it ig the
med of any legal
of all persons
ating Prosecutions,
Cause the ex.
Chitty (Crim. Ll, 4 Vv. 507, ch, 6) remarks,
nder avy legal dis-
on t
he erand jury,
the prisoner pRiage
if it
for
“tion
whic
he discovered
after the finding, the defendant May plead
it in avoidance, and answer o
ver to the fe]-
the grand in-
quest to consist Of men free from all objec-
tions, existed at Common Law, and Was af-
firmed by the Statute of 11 Tlenry IV, “whieh
enacted, that: any indictment taken by a
jury, one of whom is unqualified, shall] be al-
together void, and of ho effec
also, he Says, “that a defendant before issue
joined may plead the objection in avoidance ;
take no such exception before his
trial, it Seems doubtful how far he can att.
erwards take advantage of it,” Ge It how-
ever appears from his references, that he re.
t Whatsoever;”
“lies for his DOSition respecting the right to
plead in avoidance, on the authority of the
S of Hawkins, to-
xether with Some adjudic
Statute of Ingland, to Which [| have refer-
it red, and which Sustain him only so far as
'S under the
It also appears, that on the trial] of the
‘th the right
Claimed in this case, was brought. in ques-
tion, (but a decision of Which was not con-
ing of that case,)
ler
the right to
plead this matter in abatement, as having
established, Lord Carleton, in express-
ing the opinion of the Court, u
Ses this lan-
39
ime
ile
‘ate
the
11
not
fol-
an
y a
any
ided
» of
itien
y 3d
suse
ilts,
{ of
iors
tu
con-
efore
nelu-
‘ible,
s bet-
» per-
urors,
9 the
Ss ap
nation
ry the
on the
u. As
asion,
‘xpres-
-ht not
‘teney.
illenge
innner,
‘Xpres-
under
jest, or
y mere
expres:
ARE ne
ee
apis eed
Pe en
it ies tg
i — ee ee
SRS ip Alas cig’ 2 adi IS. ag LAL Aa Men ps
pe Re sins ME Le
PURER IE
1835)
sion, or was ready to do 80; that he had no
knowledge or
satisfactory
the faets—no
information
fectly open to conviction upon legal evidence,
But, without pursuing this point farther,
I proceed to a further notice of the right, in
general, to plead in abatement, the incom-
peteney of particular grand jurors.
Questions of this kind, appear to have been
of very rare occurrence in the United States.
But, in the case of The Commouwealth ys.
Smith, 9 Mass. 107, the defendant having
been indicted for usury, plended in abate-
ment, that one of the grand jury, Thomas
Wing, being of the denomination of Quakers,
did not take the legal oath ag grand juror.
It appears from the replication and demurrer
thereto, that the juror being Scrupulous of
taking judicial oaths, had only affirmed,
Sewall, Judge, in delivering the Opinion of
the Court, said, “Whether an exception of
*130
this kind is *to he received at this Stage of
the proceedings, is a question which seems
not to have heen finally determined.” Iie
further remarked, that “Indictments not
found by twelve good and lawful men, at
the least, are void and. erroneous at Com-
mon Law; and. the circumstance that it
was found by twelve men is stated in the
caption of every indictment, according to
the English forms and practice. But this
formality has not been observed with us:
and the omission is not to be objected to in
Indictments found according to our prac-
tice, viz: “The grand jurors of the Common-
Wealth on their oaths present,” &e. An ir-
rezularity in this respect, if it should hap-
pen, might become a subject of enquiry upon
Surcestion to the Court; for, under their
Superintendence the srand jury is consti-
tuted, and must be understood to have the
legal number of men. This being the con-
Struction to be given to the reeord, after an
Indictment has been received and filed by
the Court, no averment to the contrary ean
be admitted as a formal plea. Objections to
the personal qualifications of the jurors, or
to the legality of the rei urns, are to be made
before the indictment is found;
received from any person who
Presentment for any crime whatever;
from any person present, who may make
the suggestion as amicus curis,”
ers (aS was held by that Court.) are capable | j
is under a
of serving as grand jurors, and the affirma- | the
tlon by them, under the various statutes, was | {
considered sufticient.
In United States ys. Coolidge, 2 Gall. 364 Ss
[Fed. Cas. No, 14,858], after the indie
had been found, it was discovered that the t
grand jury had received testimony of a per- | f
son not under oath, and this satisfactorily
appearing to: the Court, by affidavits, the |e
Court, on motion of the prisoners’ counsel, | o
quashed the indictment, as having been ir- a
regularly found. It was there also ruled, | b
BOYINGTON y, STATE,
to he! that Davis was con*victed,
of burglary, and after verdict, it was dis-
covered that one Lock, who served on the
and may be grand inquest had not been chosen as a mem-
ber, but that the name of one Burr, who had
or | been chosen, had been erased from the re-
turn of the venire, and Lock’s name inserted
But Quak- | in its place.
good;
*132
*131
of | that one not being *of the religious sect,
enmity or prejudice against
the prisoner, and that he felt his mind per-
usually ealled Quakers, though having con-
sciencious Seruples against taking an oath,
could not give evidence on affirmation, but
would be committed until he consent to take
the usual oath.
In reference to the case Jast reviewed, it
Will be observed, that it furnishes no prin-
ciples inconsistent With those previously ad-
ranced; it does not question the eompeten-
cy of any member of the grand jury, or
Sanction the plea in abatement for any sueh
exception. The Court only proceed, in a
manner analagous to Setting aside verdicts
of petit juries, to quash or avoid an indiect-
ment for the improper or iHezal condnet
of the grand jury in finding it, not upon evi-
dence of sworn Witnesses, but upon deelara-
tions without the Sanction of an cath. This
would, doubtless, have been a sufficient
sround for a new trial after verdict, if not
Sooner discovered,
Other cases have occurred in Massachu-
setts, on which the prisoners’ counsel place
more reliance. In Commonwealth yg, Park-
er & al, 2 Pick. 550, after a conviction was
had -for murder, a motion was made in ar-
rest of judgment, on the ground that J..
Wythe, one of the grand jury, was not prop-
erly on the grand inquest, beeause the re-
turn of the venire for the town of his resi-
denee, was not Signed by any officer: where-
upon, the Court permitted the constable,
Whose duty it was, and who had neglect dette
(he being present, and. still in office) to
amend the return, by signing it—then con-
sidered the matter.
The prisoners’ counsel] relied upon the doc-
trine of Hawkins, in reference to the stat-
ute of 11 Henry IV, which [I have already
quoted: also, on a ease of The Common-
wenlth vs. Davis in MS. drawn up by Jana,
and certified by the Chief Justice of the
Common Pleas, who was Of counsel in the
case. The facts of this latter case appeared
*132
in 1794,
Upon a motion in arrest of
udgment, it was covsended, on the part of
government, that as there avere seven-
een jurors besides Lock, the indictment was
to which it was answered, and so con-
idered by the Court, that there might have
tment | been only eleven without him, who agreed to
he bill, and that the judgment was there-
ore arrested,
The Court, in deciding the case of Parker
t al. on the objection to Wythe as a juror,
bserved, that the precedents in which such
Nn objection has prevailed, have generally
een, Cases where the juror was not quali-
41
nl reenter iciaaees
5 EE REE: a eee ees
eat
at ae
re
—tmmman SMES SLAY OES. BAAS Atha...
sh i ei ORE ABR SEN, CR i RR i AS. SENS By 5
*144 2 PORTER'S
affecting the life, liberty, and character of
the citizen, as it will be to detect crime,
whenever it exists. Let the sources from
whence justice emanate, be always pure, and
the law can look crime in the face, and pun-
ish it without a blush. I cannot imagine,
that a rule which, for all practical purposes,
has been exploded in England, since the time
of Ilenry IV, and when it is doubtful wheth-
er it ever existed at the Common Law, is fit
to be applied under the liberal and enlight-
ened policy of the present age.
2 Port. *145.
*CALLISON, et al. v. LEMONS.
In an action of trespass, assault and bat-
tery, against several, the jury, upon executing
a writ of inquiry, must {ind a joint verdict
against all the defendants, and cannot assess
separate damages.
[Cited in Ex parte Andrews, 40 Ala. 645;
Smith v. Gayle, 58 Ala. 606.]
A plea being double, (provided it contains
any one substantial defence,) is not a defect of
substance; but is a redundancy which, whether
of good or bad matter, will not vitiate.
[Cited in McNutt v. King, 59 Ala. 601.]
[See 39, Cent. Dig. Pleading, § 134.]
Objection to the time of filing a plea, is
waived by a demurrer thereto.
[Cited in McCutchen v. McCutchen, 8 Port.
153; Cobb v. Miller, Ripley & Co., 9 Ala.
501; ‘Turner v. Roundtree, 30 Ala. 708.]
A plea, to an action of trespass, assault
and battery, that the assault and battery were
committed beyond the jurisdiction of the Court,
is not available.
A. plea, alleging that the defendants were
served with process out of the county of B, in
the Cherokee nation, held bad, without the fur-
ther averment, that the defendants were not
residents of the county of B—as by the act of
1818, process was authorised to be served in
Indian lands, upon any one, resident of the
county, from which issued.
Lemons commenced an action of trespass,
assault and battery in the Circuit Court of
Blount, against the plaintiffs in error.
Fields, one of the defendants below, filed a
plea in abatement, averring, that he was not
resident of the county of Blount, but of the
Cherokee nation, out of the limits of said
county, where process Was executed upon
him. The other defendants joined in a plea
of like character, but which only alleged
that the assault and battery were commit-
ted out of the jurisdiction of the Court, and
that the process 'Wwas served out of the coun-
ty of Blount.
The Court below, sustained a demurrer to
all the pleas, and no further plea being
offered, a judgment by default was taken
against the defendants.
On executing a writ of inquiry, the Court
instructed the jury to render a joint ver-
dict against all the defendants, which was
iy. aia” . ee a it oy ee eee
Bahn ati RNR emit Me ee TS waeeys
ea
pty eaiGrug gg, ee
cee eee ce Wee ee wee.
done accordingly.
46
REPORTS. (Jan, Term,
A writ of error being taken here, it was
insisted.
1st. That the Court erred in its instruc-
tions to the jury, to render a joint verdict
against the defendants.
*146
*9d, That the Court erred in sustaining a
demurrer to the pleas in abatement.
Peck, for Plaintiff—cited Ala. Rep. 3880—
1 Lord Raymond, 509—Comyn’s Dig. Pleader.
Ormond, contra.—1 Stewt. 521—5 Bur.
2792.
By Mr. Justice THORNTON:
This was an action of trespass, assault.
and battery, brought against the plaintiffs
in error, by the defendant, in the Circuit
Court of Blount county. ‘The plaintiffs sev-
ered in their pleas: Fields, one of them,
pleading alone in abatement; and the others
uniting in a similar defence. A demurrer
was taken, and sustained to both of those
pleas, and the plaintiffs in error failing to
plead over, a judgment by default was enter-
ed against them, and an inquiry of damages
had by the jury, and judgment of the Court
thereon.
The cause is here by writ of error, and
the assignment questions the legality of the
judgment sustaining the demurrer, as also
a charge of the Court to the jury, whilst ex-
ecuting the writ of enquiry. As to this last
point, there can be no doubt that the charge
of the Court, which was, that the jury must
find a joint vt ict against all the defend-
ants, and could not assess separate dain-
ages, was entirely correct.
I will proceed then to consider the other
error assigned, which involves the validity
of the two pleas in abatement. The plea of
the defendant Fields, I think, is substantial-
ly a good one. The objection to it, for the
time of filing it, was waived by the demur-
rer: and its alleged duplicity, is a defect not
now available, because of our statute of jeo-
fails, which gives to all demurrers the effect
only of general demurrers ; and the plea be-
ing double, provided it contain any one sub-
*147
stantial defence, is not a defect of *sub-
stance; but is a redundance, which, whether
it be of good matter, or bad, does not vitiate.
“Utile, per inutile non vitiatur.’ This plea
contains, though blended with other matters,
these positive averments, viz: That the de-
fendant at the impetration of the writ, was
not a resident of the county of Blount, but
of the Cherokee nation, out of the limits of
the said county, and out of the jurisdiction
of the Court; and that the said writ of
ecapias ad respondendum was executed up-
on him, without the limits of the said coun-
ty, and of the jurisdiction of the Court.
Now, the demurrer which admits these facts,
can only be sustained by affirming the prop-
osition, that a defendant can.be sued by a
process from the court of a county in which
eee tartans aa
SPOS PAAR EAR NIC:
N the 12th day of May,
1834, the people of .the
City of Mobile and the
entire State of Alabama,
as well as the surrounding coun-
try, as they .received the news
through stage routes and post
dispatches, were shocked and
stunned by the announcement
published on that day in the
Mobile Mercantile Advertiser, one
of the daily papers: ;
“NATHANIEL Frosts’s Bopy Was :
Founp Near THe GRAVEYARD. THE Coip-BLoopep Hom-
cipe Was Beyonp Dovsr PrerPetrratTep FOR GAIN. MAtice
Coutp Nor Have PLANNED AND Exxecutep So Horrisiz
A Bourcuery., .
“Suspicion rests upon & young man who was formerly em-
ployed as a printer in this office. The young man, Charles
Boyington by name, was the one last seen with him . . . there
are many circumstances that tend to lead suspicion in that
direction . , . he has suddenl disappeared . . . he is about
five feet, nine inches, in height, rather thick set, full, large
face, heavy black brows, grey eyes, mien'straight, gait stately
to affected, rather repossessing.
“Frost suffered ‘five front gashes with a dirk, any one of
The great
oak tree that
grew over the
grave of Charles
Boyington, hanged in
Mobile, in 1835, for a
murder he didn’t commit
This startling announcement
made by this most prominent
+ daily paper was soon being dis-
which was fatal; wounds on back,
arms and hands and bruises on
the head.”
cussed all over the city. In all
groups of people, wherever they
came together,;"on the streets, in
the hotels or shops, one could see
that the excitement was great.
The talk was almost in whispers
and every one who congregated
in these various groups seemed to be asking questions:
“Do you think he did it?”
“Why did he kill Frost?”
“Surely, it couldn’t be robbery.’’
“What possibly could have been the motive?”
“Do you think they will ever find Bo ington?”
“If he didn’t kill his partner, why did he leave town?”
No one seemed to have an answer for any of these ques-
tions as the excitement grew. There was no suggestion of
mob violence in any quarter.
both young men were alike popular and enjoyed the high. -
esteem of all who knew them. They seemed to be regarded .
more like brothers than neighbors among their many friends,
F
'
ILE TPS
Two highly
partment were
in finding out
town on the
Montgomery.
of May 10th.
Frost’s body
(gaultheria) bu
the coroner m
llth, he decla:
This placed th
the boat, on w
HE officers
* buggy, and
James Monroe
Canton. A g:
they hurriedly
ing at the rail
unconcerned as
up to where hx
rough manner.
“Why are j
“As if you
“Well, I don’
“If you mus
ey ee
- oy
fecha aS, PEE Pe
“I have my suspicions,” responded Boyington.
(Above) The spot
where Nathaniel Frost was
murdered, showing evergreens
in which killer hid, and wall
over which his body was dragged
after the crime had been committed
“But. I
fear they will amount to nothing.”
“Tell us in confidence,” said Olcott.
“T’m almost ashamed
to do so, but it is a woman. Her
name is Florence White—a woman of doubtful reputation.”
“Why do you suspect
her? What reason do you have?”
“That’s just the point. I have no reason whatsoever.”
LL, there must
be something to make you suspect
she had a hand in the killing. Where did you first meet
her?”
“We met her first after she came aboard our boat at Mon-
. roeville Landing on the
start at the beginning.
way to Mobile. Perhaps I should
My parents are dead and I’m not
Id. I had a job last year on & planta-
tion adjoining the one Frost owned south and west of Selma.
We became the best of friends and when he shipped his cot-
of printing.” °
“Go. back,” said Olcott, “to the time Florence White
boarded your ‘boat at
tell us everything that
happened since.”
“A very small incid
Monroeville. Start from there and
caused you to meet her and all that
ent,” he said, “brought about our
meeting. A cotton bale sliding down the skids from the
top of the bluff struck
some obstacle in its swift course. It
began to change ends, and when it came into the lower deck
44
it was, moving so fast and with a kind
of whirling motion; the roustabout could
not hold it. After catching it with his
book, he held on to it as it went bounc-
ing through and into the river on the
other side. It looked like 4 bundle of
arms and legs mixed up with a bale of
cotton. This roustabout was carried
into the river with it, but pulled himself
on to the bale and sat there blinking
his eyes like a frog on & lily pad. Frost
and I rushed over to the rail and were
watching him when a woman’s voice
behind us said:
“The poor thing! And the water’s
so cold, too!’ Nate seemed to become
enamored of her at once. Of course, he
suspected the type of woman she was, but made the argu-
ment that we were out for a good time and no one woul
know the difference anyway. - For the three days that we
were coming down on the boat with her, she took up lots of
-his time, and when we were out on this spree in Mobile, we
saw her every day. I could see that she was fleecing him and
playing bim for a sucker all the time. I never had any confi-
dence in her, so Frost and myself fel] out about her; she was
the main topic of our last conversation in the cemetery. She
is the only one I know in connection with him that I believe
capable of committing murder for money,” Boyington
concluded.
Olcott asked: “Is that all you have that might be of use
to us? If it-is, it is certainly a slim beginning.:: However, I
will employ a good man and see if we can dig up something.”’
That same day, a detective was hired and worked on the
case for more than a week. He followed Florence White and
found that she was living with a man who had spent a great
deal of money for liquor, but who, at that time, was at the
point of death with delirium tremens. No clue whatsoever
vounds on back,
and bruises on
announcement
most prominent
soon being dis-
he city. In all
, wherever they
a the streets, in
»8, one could see
rent was great.
nost in whispers
vho congrégated
sking questions:
ive?”
ton?”
he leave town?”
iv of these ques-
no suggestion of
wrobably because
njoyed the high
d to be regarded
.eir many friends.
.
Two highly competent officers of the
ent were detailed on the case.
in finding out by skillful inquiry that Boyingto
James Monroe,
town on the up-river steamer
Montgomery. It had sailed at 8
of May 10th.
This placed the time of the murder about two
the boat, on which Boyingto
-00 o’clock P.M. on
n-had taken passage,
They had
5t
(axgcd
Mobile Police De-
no trouble
n had left
bound for
the night
aled among the “gall berry”
of the cemetery wall. When
HE officers secured @ fast span of horses, hitched to &
rough manner.
“Why are you arresting ‘me,
“As if you didn’t know,” gro
“Well, I don’t. And this rough
“Jf you must know,
ss country
was thrown out
urder!’’
Boyingto
they intercepted the
Black’s Bluff and
for them on which
n was stand-
rturbed and apparently
officer?” he exclaimed.
wled the policeman.
treatment gets you nowhere.”
*§
Ss >
%
‘ae
vE54e
Steam boat of a
century * 8g twin
craft to the one on which
Charles Boyington left
Mobile, on May 10th, 1834
“For whose murder am I being arrested?” Boyington be-
came furiously angry.
“A friend of yours that you left dead at the cemetery.
His name is Frost.
“Frost dead!” exclaimed’ Boyington, his face turning
deathly pale. “My. God! I just left him in perfect health!”
“Yes, you left him in perfect health! Come on!”
By using considerably more force than was necessary, they
dragged their prisoner off the boat.
They left their rig to be cared for at & farmhouse and
intercepted the down-river steamer Courier, arriving at Mo-
bile at 9:00 p.m. on May 15th. The prisoner -was held under
guard at a rooming-house_until the next day when he was
committed to the Mobile Jail. and formally charged with the
murder of Nathaniel Frost.
Boyington employed two eminent lawyers, Isaac H. Erwin
and Edward R. Olcott, who came to see the captive at the
prison, and in a long conference reviewed the case.
“Now, Mr. Boyington,” said Olcott who did the question-:
ing, “from appearances, we have a very hard chain of cir-
cumstances to overcome. . In order that I may become
acquainted with all the conditions, begin at the time you
started from home with Frost and tell us everything that
happened until you left him in the cemetery. In this way,
some small incident may be uncovered as & clue to lead us
to the guilty party. Do you suspect any one?”’
men
5 up
3on’s
llus-
‘ence
case
1 he
secu-
Vhite
Vhen
weak
She
mere
Her
lriven
under
watch
> an
so the
of the
been
w ‘her
» and
them.
to go
ld
ecause
d was
o with
1 alon
atche
is not
2 quite
e Frost
a big
money.
ntrance
mg the
nds sat
1e, they
irprise
ated
was to
'd to lie
sity re-
husiasm
ife Boy-
3 demon
wanted,
d behind
a club,
anged it
nd Frost
tic hours
.e living.
wall and
that ‘her
spree and
that she
aving the
emn oath
viction of
ntial evi-
a, as well
so shocked
‘e White’s
yrought a
idence not
any other
ost impos-
sible to get a conviction on circumstantial
evidence alone.”
When Boyington was convicted, the art
of court reporting as we know it now, had
not come into existence. Therefore, the
only grounds for appeal to any Supreme
Court had to be based on points of law.
In any criminal case, at the present time, |
because of the fact that every word of
evidence is preserved, on motion of de-
fense counsel for new trial by reason of
inadequacy of evidence, the whole case,
including the testimony, can be reviewed
by the Supreme Court. If these prac-
tices had been in effect at the time of
Boyington’s trial, the judges to whom this
case was appealed, being of more judicial
mind than any juryman could hope to be,
would no doubt have found the weak link
of that circumstantial chain, the missing
watch, and -Boyington would have been
freed. No Supreme Court judge has to
wind up his opinion now with such words
True Detective Mysteries
as Mr. Chief Justice Reuben Saffold of
Alabama used in condemning Boyington
to his death when he said, as found on
Pace 45, Book 6, ALABAMA Rerorts, AN-
NOTATED EpitT1ioN—PortTER:
“Notwithstanding we have neither the
information of facts in evidence, nor any
legal authority to investigate the guilt
or innocence of the prisoner; but only to
determine the isolated questions of law,
reserved by the record for our revision,
it is extremely painful to decide against
the accused, on a question vitally affect-
ing him; but judges can exercise no mercy
: discretion, beyond their opinion of the
aw.”
For many years after the gruesome con-
fession of Florence White to the chief of
police of Mobile, lawyers found it very
effective to wind up their speeches in de-
fense before jurors where circumstantial
evidence was predominant, with the plea:
“REMEMBER BOYINGTON.”
The Adventurer—The Officer—And
Blue-Eyed Gabrielle
(Continued from page 53)
from the army, dismissal from a New
York job on account of immorality, and
failure of a distillery founded by him at
Sevres. He was now facing discovery of
embezzlement of the partnership funds
of the agency.
At first glance you would have mis-
trusted the adventurer. There was some-
thing about his bull neck, heavy jaw and
thick sensual lips that was repellent. He
was heavily built, with large clumsy hands.
His hair was grizzled and so was his mus-
tache. But like so many men of his kind
he carried a spell in his deep set eyes
and in his glib and beguiling tongue which
cast. a veil over his real personality, crucl,
caleulating, vicious,
ND it was toward this power of evil
that Fate, this afternoon, directed an-
other. It was as though they had been
drawn inevitably to each other.
The door opened and the sombrely ab-
sorbed Eyraud raised his eyes from the
contemplation of his falsified .accounts.
Hastily, he slipped them into a drawer
and stared at the vision in the doorway.
In that moment desire was born, and in
some strange way invisible communica-
tion was established with Gabrielle. She
felt she had met her master.
“You are the agent?” she asked in her
velvety voice.
“Yes, what can I do for you?”
“J saw your ad in the paper about a
job—to manage the store you have just
opened in Rue de Rome?”
“Oh, very well. Won’t you sit down?”
He stared at her with his hawklike gaze,
measuring her from foot to head.
“Put up your veil, please. Thank you.
Now what is your name? Have you any
references?”
“My name is Gabrielle Bompard. I
haven’t any references. You sec I’ve just
left my parents. I’ve never had a job
before.”
“Well, have you got the five thousand
francs required as, bond.”
She smiled roguishly.
“Oh dear, no. I haven’t a cent of my
own. As for my parents, I don’t believe
they’d like me to take a job.”
Kyraud smiled.
“I don’t know about managing the store,
but you are so nice, I must find you some-
thing to do. What about dining with me
tonight? What do you say?”
Gabrielle ent: her eyes down modestly
but her cold-blooded heart did not Jose
a beat. Here was the answer to the prob-
lem of the empty purse.
She looked be
“Well—oh, all right, but I warn you I
am very hungry?” :
“And thirsty, eh. Then we will have
champagne.”
That night she became his mistress. He
established her in a modest apartment,
but only for the time being. Already he
was planning an existence where he might
enjoy himself. He determined to make
use of this bait for human frailty which
Fate had sent to him. He cast her in the
way of men older than himself and shut
his eyes to what went on. She did what
she was told and docilely handed over
the sums of money she earned by her
charms and repertoire of tricks.
He moved to a larger and more expen-
sive apartment, furnished luxuriously. She
was) dressed seductively. He was no
longer harassed by his accounts. He had
made up his borrowings. But if his mind
was free on this score, it was racked by
something worse than debt—by jealousy.
E discovered that Gabrielle secretly
was meeting younger men, to whom
she gave instead of received. He beat her,
tamed her with his brutality, and she
sobbed she would never again do any-
thing he did not want her to do.
He took her out with him to the cafés,
and proudly showed her off. But he was
careful that no man younger than himself | ¢6
had anything to do with her; and he
made it plain that there would be trouble
if they tried it. Even the dashing
sheriff’s officer Gouffe, who had an eye for
a pretty woman, knew enough not to pay
attention, too openly, to Gabrielle.
He was a man making his fifty thousand
francs a year, a very large income in these
days. But Eyraud preferred to do without
his francs rather than let Gouffe chuckle
over another conquest.
Winter passed. Spring came with its re-
newal of passions und once more despera-
tion entered the soul of Eyraud. Money
worries were again attacking him. He had
used the bond placed in his hands by the
manager of his store, and the man having
discovered the fwet, was threatening to
report the matter to the police. And he
had discerned something in Gabrielle
which frightened him. She was contem-
plating Jeaving him, that he was sure of.
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Super-Speed Amazes
Housewives— Pays Agents
Hottehore are Upto
soged,cticlencr $15 to $25
iateion ina Day
Mich inieh ‘iosgres fifetone service. Ni
1}fo
nond forfeited. The technical way of
saying nothing.
Three months passed. On November
9th, 1920, in New York City, as Grace
Dunbar, she repeated the whole perform-
ance. :
So far, Laura Reed’s criminal record
shows ten arrests that we know of within
a little less than three years—eight of
which arrests. were for felonies. And. all
the punishment she received consisted of
a few nights of free lodging in jail...
There is a jump in the records at this
point, a jump of about one and one-half
years to the arrest, on the night of May
boys. I didn’t myself until one day I
discovered my boys, with boards whittled
out like machine guns and pistols, playing
“Pretty Boy Floyd.” I couldn’t think what
to say to them to combat all the romantic
tales they have heard. Then I happened
to pick up my husband’s January T. D. M.
and read part of Floyd’s life story. It was
just what I wanted. I hunted up the old
magazines till I had the whole story and
that evening I stripped a lot of the gla-
mour around this popular desperado from
my boys’ eyes. I showed them how he
treated boys who got in his way; how
he held some poor youngster as a sk ield to
keep police bullets from his own miserable
hide. I showed them how when he “shot
it out’? with the police at Bowling Green
both their guns were empty. How it was
“Pretty Boy” Floyd who turned and ran,
deserting his pal and his sweetheart who
lay_bleeding on the ground. I read on
to Floyd’s own story of how little he gets
out of life; and of the end he has to look
forward to. ;
Then I used the Urschel story in the
same way. They were rather “strong”
stories to read to such small boys, but I
feel that if they are old enough to play
“Pretty Boy” they. are old enough to
know the real story, before ideas get
fixed in their heads that may lead them
wrong. The stories had the effect I de-
sired. I thought perhaps this experience
of mine might help some other parents
faced with a similar problem.
[IT TAKES TWO TO...
(N. T.) Port Townsenp, WaAsHINGTON
—In the April number of T. D. M. the
poorest story is “Remember Boyington.”
It is a good story but poorly written. It
does not grip the reader’s mind at the
start; it just rambles on till halfway
through, and by that time the reader
knows what the end is.
My suggestion for improvement in your
book is the cover. So many people judge
a book by the cover, and I have heard so
many remarks about those terrible cover
pictures.
MAKE’AN ARGUMENT AND...
(J. S. H.) Detco, N. C—In the April
issue, “Remember Boyington” was the .
least interesting story. Not because of
the way the story was written, for in my
opinion it was masterfully handled. But
the fact that an innocent man was hanged
seemed to give me a nauseated feeling
after I had read the last paragraph.
Many stories like that and I would rebel.
A THIRD TO DIFFER WITH BOTH
(Mrs. A. W.) Sr. Cloup, Minn —Your
sone “Remember Boyington” by Ephraim
8. Garrett in the April issue of True Dr-
TECTIVE Mysreries is the most impressive
True Detective Mysteries
(Continued from page 110)
first, 1922, which is the sbject of this
story. The reader is already familiar with
the details of that arrest.
Laura was taken back to Chicago by a
Chicago policewoman to face the court on
a charge of stealing a bolt of silk. Clearly,
this was a felony. The Court, however,
and everybody she came in contact with
in Chicago upon her return, treated her
very nicely. The charge of grand larceny
was stricken off and a plea to a lesser
po coe es larceny (a misdemeanor) was
accepted, She drew a sentence of eight
months in the House of Correction. She
probably did a “sixer” (six months).
Bravos and Bullets
(Continued from page 71)
story I have found in your publication.
The brief span of their lives which Boy-
ington and Frost spent in degrading dis-
sipation is so typical of the ruined lives
of. many of our youths today and truly the
price for both was great. Circumstantial
evidence is damning in many instances,
but as the author states, everyone in-
terested in the furtherance of justice
should “REMEMBER BOYINGTON.”
Contrary to the opinion of many, the
“Law” can-err and here is adequate
proof.
The only criticism I have to offer is the
gaudy and cheapening covers your maga-
zine carries. The portrayals are, of course,
striking, but of no particular interest to
anyone. Wouldn’t it be possible to depict
some scene from one of yeur leading
stories for the month?
HER GRAND DAD REMEMBERED
BOYINGTON
(Mrs. J. M. M.) Jorpan, Mont—I
must write about your story in the April
True Detective Mysteries on Boyington.
... What I’m going to write about hap-
pened before my daddy was here. M
ecm daddy was on the same boat wit
oyington, and was talking to him when
the men came aboard to take him off. He
had given grand dad an orange and they
had talked and eaten the oranges. Grand
dad said he was the finest boy he ever
met; and that the boy never killed any-
one. Grand dad was not married then,
but was soon after and raised a fine
family. He would always tell his boys to
be good. Grand dad was at Boyington’s
trial and always said he was hanged for
something he never did.
OH, FOR MORE LIZZIE BORDENS
(Mrs. G. B. R.) Haynes, NortH Daxora
—I especially want old crimes like the one
at Fall River, Mass. about Lizzie Borden.
That was in’ 1892. Oh, for more of that
style. To think how bold she was and
did not even confess on her dying bed.
That story. was so very well written that
one has a vivid picture of Miss Borden in
one’s mind. “Remember Boyington” is
a wonderful account. How thankful we
are that Court is so much more strict now
than it was then. Poor boy!
SHOOT. SOME T.D.M. AUTHORS
AND WRITE THEM UP FOR T.D.M.
(R. W. H.) Tomanawkx, Wis.—Stop all
writers from presenting their material in
the flowery manner of the old-fashioned
newspaper thrillers. Please—PLEASE—
shoot all authors (thus making possible
more good fact stories for T. D. M.) who
insist on bringing such rot into their
stories as “Little did he know what was
in store for him that night! Little did he
believe, etc.” or “What terrible thing lay
|
This is not the end of the criminal
career of Laura Reed, but it is the end of
this story. She did not stop where we
left off. “There are still many more items,
but because of their close resemblance to
those already listed, it would be tedious
to repeat them.
Laura Reed beat man-made law. But
she hasn’t been able to conquer the laws
of nature.
Freedom?
Laura Reed can never know the mean-
ing of the word. Cocaine is her constant
jail and keeper.
Would you trade places with her?
behind that closed door? Should he break
in or go for help?” and the like. Your
readers do not want fiction. We want
facts, offered in a presentable and readable
manner, but facts just the same. We are
not interested in the hero’s mental debates
or the ponderous workings of the district
attorney’s mind. We want to know what
they did and how they did it. Making
a fiction thriller out of a fact article spoils
the effect.
MORE BULLETS FOR WRITERS
(T. M. M.) Terre Havre, Inp—In your
issue of May (Mrs. A. H.), Chicago, pro-
tests against unrelated details in your
stories. For several years these have al-
ways irritated me. I have thought of
writing you but am glad I did not now,
as Mrs. A. H. did it so much better.
Even such-an unusual and interesting
story as “Snaring the Snatchers ‘of the
Pay-Off Man” in your March number,
though for the most part uncommon!
well written, contains a lot of these irrel-
evant details. For example I quote: “A
shadow man from Headquarters just emerg-
ing from a cigar store was biting off the
end of a Perfecto, at the same time scan-
ning the passing visages” .. . “As he spat
out the end of the cigar”... “Mulroone
tore the cellophane wrapper from a, fres
packet of cigarettes,” etc. If this is in-
tended for decoration or merely space
writing, you should get rid of it. I also
think the lurid cover injures the sale
of your magazine. It reminds people of
the silly fiction detective magazines which
people are ashamed to carry home. I
would suggest a plain cover, perhaps the
same all the time.
SMOOTH BANKERS AND "PRETTY
BOY"
(Miss A. H.) Twin Brancu, West Vir-
GInta—I_am a reader of Trug Derective
Mysterigs. _I like your stories very
much, especially the one about “Pretty
Boy” Floyd.
My opinion is that the bankers of
the United States wouldn’t take a million
dollars for Floyd; and I’ll tell you why.
When a banker learns that Floyd is with-
in or around the town, he makes a raid
on the bank and puts it off on “Pretty
Boy!”
Who causes so many of these small-
town banks to close? Is that Floyd, too?
I should say not. The banker himself
closes the doors and tells the poor man
to get the little sum of money he de-
posited in the bd&nk the best way he
can.
I don’t blame them for keeping Floyd
under cover. He is only ising them
out. I may be wrong, but the way the
story reads it seems the bankers are pro-
tecting Floyd; and I say it again—I don’t
blame them.
SUPPOSE y
cident Q
will your inec
Remember,
accident and
what tomorroy,
you are reading
Where some gh
or fire, some .
disaster, is ta
toll of human
limb,
OVER $20,
PAID IN CL,
A sudden ac.
sudden gsi,
an you say ;
will happen t
Then do n’t,
another day,
ESTABLISHE
OVER 47 YEARS
The Author’s Foreword.
| us is the only authentic history of the Frost versus Boyington
murder case. Shortly before his death, the late Doctor Erwin
Craighead, Editor Emeritus of The Mobile Register, who wrote a great
deal about early American Mobile, wrote me in these words:
“Since you own the only original newspapers of the time of the
murder in 1834 and following saved by your family, all of Boyington’s
poems, the valuable notes left by your step-grandfather, the late Daniel
Geary, of Mobile, the entire Rev. Hamilton’s notes, the interviews made
by Mrs. Fanny Hearin, the writer, which are perhaps the only ones of
that lady existing today, the notes you have gathered from many older
Mobilians, Boyington’s true love affair and copies of his love letters
furnished you by Mrs. Sarah DeBois before her death, your compilation
of the case will contain the most authentic material known, which con-
tains much of the history and sites of early American Mobile.”
Taking Doctor Craighead’s advice I went ahead and finished com-
piling the full account of the murder and the accused perpetrator into
the story I give you here.
Francois Ludgére Diard
vi
CONTENTS
1. NATHANIEL FROST IS FOUND MURDERED i
2. THE ARREST OF CHARLES R. S. BOYINGTON 6
3. THE TRIAL OF CHARLES R. S. BOYINGTON 9
_ 4, THE SERMON IN THE CONDEMNED'S CELL 14
5. BOYINGTON WRITES A LETTER TO THE
REV. HAMILTON 25
6. THE HANGING OF CHARLES R. S. BOYINGTON 30
7. THE THREE INTERVIEWS ON BOYINGTON
BY MRS. FANNY HEARIN 41
8. THE REV. HAMILTON FULFILLS HIS PROMISE 53
9. THE SUMMARY OF THE PHENOMENAL AND
CRIMINAL COMPLEX SIDES OF BOYINGTON 55
10. THE LITERARY GENIUS OF BOYINGTON 63
11. LOVE LETTERS OF CHARLES R. S. BOYINGTON
AND ROSE DE FLEUR 84
EPILOGUE 104
Vil
1.
NATHANEL FROST IS FOUND MURDERED
I HE annals of crime have seldom been stained with a more dia-
bolical act of atrocity than the case of Nathaniel Frost versus
Charles R. S. Boyington. Early on the morning of May 11, 1834, the
lifeless body of Nathaniel Frost, a young printer in delicate health, was
found near the Old Church Street Cemetery in Mobile, Ala., in a
wooded space under a large chinquapin' tree on the west side of Bayou
Street south of Government Street, shockingly cut and mangled, and in
a condition to leave no doubt that he had been barbarously assassinated.
Residents of aristocratic Government Street as well as of that section of
Mobile, which during those early years was not built up as it is now
and considered “out in the woods,” had seen Frost near the place on
Saturday afternoon before his remains were found in company with a
young man by the name of Charles R. S. Boyington, also a journeyman
printer, and on whom suspicion strongly rested as the perpetrator of
the horrid deed. Young Boyington left the city precipitately on the night
the murder was committed; but from the prompt and energetic meas-
ures adopted by the authorities of Mobile and several public spirited
citizen individuals for his apprehension, strong hopes were entertained
that he would be overtaken and brought to trial. A description of his
person was given in the proclamation of Mayor John Stocking, Jr.,? of-
fering a reward of $250 for his apprehension, and a further reward of
a like sum if he was convicted.
Nathaniel Frost, the murdered man, was a native of New England
and came to Mobile in the fall of 1833 in delicate health, presumably
consumption, which he had hoped to improve by coming South. He
‘As older Mobilians spelt the word; also spelt chinkapin and chinquepin.
2John Stocking, Jr., served as mayor of Mobile from 1831 to through 1834, when
he died, and John F. Everett was elected in his place. Both Stocking and Everett
are buried in the Old Church Street Cemetery. The latter’s tombstone reads: ‘Hon.
John F. Everett, who was born in Savannah, Ga., March 15, 1784, and after filling
many offices of Trust and Honor, died June 23rd, 1842, leaving behind him a numer-
ous and respectable family to mourn his death, who will long admire the strength of
his character, his many virtues and rigid adherence to his friends and principles, this
tablet was constructed by his widow.” His widow, Anne B. Everett, is buried next
to him, and others of his family.
2 The Trec: Being the Strange Case of Charles R. S. Boyington
was a man of genteel family, but from his unobtrusive and retiring
manner he had formed, the older Mobilians have stated, but few ac-
quaintances since his arrival in Mobile, however, he had gained the
esteem of all who knew him, especially fellow-printers in the job shops
or on the local papers. Boyington, also a journeyman printer, his
accused assailant, was also a native of New England, coming direct by
sailing vessel from New Haven, Connecticut, however, his mother,
brothers and a sister resided in Litchfield in the same state, where he
perhaps was born. Being a fellow printer he had cultivated the inti-
macy and friendship of Frost by acts of apparent kindness and atten-
tion, and, it was supposed, who perpetrated the deed for the sake of
plunder.
Mayor John Stocking, Jr., on Monday evening, May 12, 1834, issued
the following proclamation to the Mobile newspapers of that day:
MURDER.—$500 REWARD. — Whereas, a most atrocious
murder was committed last evening within the limits of the City
of Mobile upon the body of Nathaniel Frost; and whereas, sus-
picion rests on one Charles Boyington as the perpetrator of the
horrid act; therefore, I, John Stocking, Jr., Mayor of the City of
Mobile, by virtue of authority in me vested by a special resolution
of the Board of Aldermen, do hereby offer a reward of TWO
HUNDRED and FIFTY DOLLARS in the event of the said
Boyington being convicted of the said murder.
JOHN STOCKING, JR.,
Mayor of Mobile.
At the bottom of the above notice was attached the following:
The said Boyington is a printer by trade, about 23 years of
age, 5 feet 8 or 9 inches high, of a dark complexion, dark hair,
small eyes with large, heavy brows—of an imposing appearance—
walked remarkably straight. He came to Mobile in November,
1833, as a sailor on board the ship Cahaba, Captain Arnold, Mas-
ter, from New York, and said he had served his apprenticeship
in New Haven, Connecticut. At once, on his arrival in Mobile,
Captain Arnold took an interest in him and obtained for him
a situation in the printing establishment of Messrs. Pollard and
Dade. The object of the murder was probably plunder, as the
pockets of the deceased were rifled of about fifty or sixty dol-
lars, and also of a Lepine watch with gold chased edge, and a
second hand on the face.
3From The Mobile Commercial Register, Monday, May 12, 1834; also The Mobile
Mercantile Advertiser, Monday, May 12, 1834; also Daniel Geary’s notes.
Nathaniel Frost is Found Murdered 3
When the body of Nathaniel Frost was found on Sunday morning,
May 11, 1834, it was literally covered with wounds and blood and per-
fectly cold and lifeless. From every appearance and the heavily clogged
blood, he must have come to his death in this shocking manner on the
day previous. There were as many as five gashes visible on the front
of the body, contiguous to the heart, apparently caused by the repeated
stabs received from the blade of a large dirk knife. According to older
Mobilians* Frost was known to sit in his delicate state of health dur-
ing the hours off from his part time work in the newspaper office and
whittle out small wooden objects of art to while time, and this dirk
knife was apparently the property of Frost. Any of these wounds would
probably have occasioned almost instantaneous death. In addition to these
there were frightful gashes in several other places on the back, arms
and hands, and there were appearances of bruises about the head.
Suspicion rested on the young man Charles R. S. Boyington, who
boarded at the house of Captain William George on Royal Street.
Nathaniel Frost when he arrived in Mobile for his health, being very
feeble and emaciated from consumption with every outward as well as
inward symptoms of the disease, indicating that it would soon take
him off, happened to come to the same boarding house. Young Boying-
ton’s sympathy seemed to be aroused in behalf of the afflicted Frost;
and finding that they were both from New England and both print-
ers, had their bedroom together, so that Boyington could wait on him
at night when away from his trade as printer, although Boyington had
been for some time laid off from employment in the printing estab-
lishment of Messrs. Pollard & Dade since April, 1834, in consequence
of the decrease of business. He was nearly always with Frost, and as
stated before who worked only part time, doing all he could to enter-
tain him and make his time pleasant; and they always sat together
at the table at mealtime. The friendship, care and attention bestowed by
Boyington, who was a handsome, manly fellow, upon the feeble con-
sumptive Frost, was marked by every one, and for which Boyington
was highly praised.®
The older Mobilians have also stated that the general supposition
was that while Boyington was loafing Frost was kind enough to look
after him and pay his board and lodging, and furnishing him with
4Conversations with the late venerable J. Ogden Belknap, of Mobile, who as a boy
ten years of age witnessed the procession to the scaffold and the hanging of Boying-
ton; also the same with Mrs. Sarah DeBois, the Mobile centenarian and first matron
of the Mobile City Hospital; also notes left by the late Daniel Geary, of Mobile.
5 Conversations with Mrs. Sarah DeBois, the centenarian of Mobile; also the late
venerable J. Odgen Belknap, of Mobile; the Rev. Wm. T. Hamilton’s notes; notes
left by the late Daniel Geary, of Mobile.
2.
THE ARREST OF CHARLES R. S. BOYINGTON
QO: Tuurspay morning, May 15, 1834, positive intelligence was
received that Boyington, the supposed murderer of Nathaniel
Frost, had been captured. Then a letter came from the acting post-
master at Claiborne, Ala., addressed to Colonel H. H. B. Hays, stated
that he was recognized amongst the passengers of the steamboat James
Monroe, while she lay at the landing at that place, and that intelligence
of the murder with the circumstances attending reached them about
three hours after the boat had proceeded up the river towards Mont-
gomery. Mr. Joseph Taylor and Mr. M. Dubois, officials of the law
at Claiborne, immediately started on horseback with the view to head
off the boat at Black’s Bluff, about 180 miles above Mobile, with the
sole idea to secure his apprehension before he should reach Montgomery,
where he no doubt would take passage by stage for Georgia and the
North. These officials happily succeeded in their object by taking pas-
sage for Couton, and on their way up secured the prisoner and re-
turned him to Claiborne.
The letter of the acting postmaster of Claiborne further stated Boy-
ington succeeded in throwing overboard the Lepine watch, which was
relied upon as furnishing the connecting link in the chain of circum-
stantial evidence to establish his guilt.
On being arrested Boyington was pinioned and searched. Nothing
was found on his person that could be certainly identified as having
belonged to the deceased Frost. But he had, besides the pair of pistols
recently purchased, about $95 in notes and some few silver pieces. For
the possession of the money he never accounted correctly.t For work
done in the printing establishment of Messrs. Pollard & Dade he had
received various sums at different times through the winter, yet never
more than about $20 at one time, and altogether not much more than
$100.2 Of this he might have paid away a large part, if not the whole,
even though his board and lodging bill at Captain William George’s
1 Evidence brought out at the trial; Daniel Geary’s notes; conversations with the late
J. Ogden Belknap.
2 Ibid.
The Arrest of Charles R. S. Boyington 7
boarding house, and sundry other debts he left behind him, were un-
paid. Some of the evidence brought out later at his trial had tendency
to show that since Frost was known to have helped him with his
debts an argument had arisen between the two in regards same, hence
the fight that followed at the spot where the body of Frost had been
found. If this sum found on him had been honestly obtained, he cer-
tainly could have stated how; yet this he never did. Yet it was a known
fact he did receive once or twice money from back home in Litchfield,
. Conn., and with one of these amounts he bought himself a handsome
outfit of new clothes, Rey. William T. Hamilton, his spiritual adviser,
states in his notes, to one person within one week of his execution he
declared he had won it at betting. But as this was a vital point in his
case, if this assertion were true, he would have given names and dates
to prove it as a regard to his good name in custom with the times,
even to his life, demanded that he should do so. Yet this he never even
attempted.
On Friday evening, May 16, 1834, the steamboat Courier arrived at
Mobile from Montgomery having on board shackled Charles R. S.
Boyington, the supposed murderer of Nathaniel Frost. Up to that time
Mobile had never witnessed such an excitement as was manifested on
his arrival. An immense crowd of curious and morbid people rushed
to the cotton wharves, even the slaves who were free for the day, and
the anxiety was intense, to obtain a sight of the young man charged
with having imbued his hands in the blood of a kind friend. No dis-
order, however, occurred the records show, and he was conducted to
the city prison then located on Theatre Street, where the old Kirkbride
home was erected six years later in 1840, by adding its main structure
to part of the old jail structures and material at the back. A great crowd
followed the shackled prisoner to the jail, where he remained in irons
under a strong guard during the night.
At 10 o’clock the next morning, Saturday, May 17, 1834, the prisoner
was taken to the Court House,‘ southwest corner of Royal and Gov-
ernment Streets, which had been erected at an early date following 1819,
2 Daniel Geary’s notes; conversations with the late J. Ogden Belknap; news-stories
of that day.
4This first court house was a rattle shack of a wood and brick building, and re-
ferred to by older Mobilians as the “Log Court House,” because of a portion of its
fear structure being built of undressed and unbarked pine logs, It burned in 1851,
the same year the Waverly House and the Franklin House burned at southeast St.
Francis and Royal streets (both built on the same site where The Alabama Hotel
had formerly stood), to be replaced by the old or first Battle House in 1851-1852.
The first or old Battle House burned, in turn, in February, 1905, and replaced in
1907 by the present Battle House. Note: The late Hughie Fox, of Mobile, as a boy
saw the first Court House of Mobile burn in 1851.
4 The Tree: Being the Strange Case of Charles R. S. Boyington
spending money. They also stated that Frost received allowances reg-
ularly by packet from his family in New England, and the atrocity en-
acted on his good friend after all this kindness was known brought
frenzied hate for Boyington by many, especially his fellow printers.
At this time Boyington was engaged, so the older Mobilians* have
stated, and as we shall see, to Madamoiselle Rose de Fleur,7—whom
he endearingly called “Rosa, my dear,’—the beautiful daughter of
Baron de Fleur, a French political duellist-refugee to Mobile; and very
often his fiancee accompanied him and Frost on their evening walks
to the suburbs, where they often sat and chatted beneath the beautiful
trees.
Evidence brought out at the trial proved that on Saturday afternoon,
May 10, 1834, Boyington took his friend Frost out for a walk. It was
also a known fact, according to his landlady’s testimony, that after
dinner which had been served at 12:30 o’clock, the two of them were
heard to agree on a walk to the graveyard in the western suburbs of
Mobile, where they were also seen by several individuals as stated be-
fore walking in the street leading to the graveyard and its neighbor-
hood. As they walked away the landlady of their boarding house, the
wife of Captain William George, testified she remarked: “What a
whole-souled, generous-hearted young man Boyington must be.’®
About 3:30 o’clock that same evening Boyington came back to the
boarding house, but he was alone. Some of the other boarders and
roomers—among whom were several printers working on both The
Mobile Commercial Register and Patriot and The Mobile Mercantile
Advertiser—thought it so strange to see him without his friend, and
they ventured to ask him where Frost was.
He replied carelessly:
“Oh, he is here somewhere; I am in a hurry, so I did not wait
for him.”
They noticed he appeared to be restless and worried, and he was
also slightly pale.
“You took him out walking,” one of them said, “where is he?”
They knew that Frost was in very delicate health and was very
weak, and knowing this fact, they were all of them anxious.
Boyington answered in the same manner as before:
“Yes, and I brought him back.”
His fellow printers noticed Boyington was now extremely nervous,
and tried to avoid every one and hastily went to his and Frost’s room,
6 Daniel Geary’s notes; also conversations with older Mobilians.
7 See chapter containing love letters.
8 Daniel Geary’s notes.
Nathaniel Frost is Found Murdered 5
then a little latter just as hastily left the boarding house. Some of his
printer friends even marveled at his strange actions; for Boyington was
seen again at several different places in the city toward the latter part
of the afternoon: He was at a livery stable, where he hired a horse,
which, afterwards was thought for the purpose of getting to Spring
Hill seven miles west of Mobile.te He then walked towards the wharves,
saw and spoke to several of his acquaintances, purchased a pair of
pistols, a dirk and some other articles, in one of the most public stores'!
in Mobile at that time, then went about sunset on board the steamboat
James Monroe, which left the wharf about 8 o’clock that evening for
points north on the Alabama River.
The next morning, which was Sunday, the body of Nathaniel Frost
was found as already stated. It can be easily imagined what great and
intense excitement and indignation pervaded the minds of the people
of the then comparatively small Mobile of those early American days,
when the intelligence of the murder was sounded through the press of
the city.
Mrs. George, the landlady, in the room of the two friends, also
found a neatly wrapped package containing books, letters and a minia-
ture, with a note instructing her to give them to his sweetheart, Rose
de Fleur. This fact, however, was not introduced as evidence at Boy-
ington’s trial.
\
® Morris & Fraser’s Livery Stable, St. Francis Street. Their sign read ‘Horses for
General Hire, By Day, Week or Month, etc.”
10 At this early day Spring Hill, the elevated and scenic suburb of Mobile, would
have been apparently a good route for one making his escape, as the trails leading
towards the Mississippi border were heavily wooded, and, outside the Old Mobile
and Augusta Road (the present Moffat Road leading out of Crichton northwest-
wardly), not much traveled.
™L. St. John & Co., Water Street, opposite Martin Durand’s auction store, according
to notices in The Mobile Mercantile Advertiser of Sat., July 12, 1834.
12 See love letter dated May 10, 1834.
8 The Tree: Being the Strange Case of Charles R. S. Boyington
where a preliminary examination was commenced, which was very
elaborate according to the legality of those early days, and was not con-
cluded until 6 o’clock that same evening. Boyington was fully com-
mitted for trial at the November term of the Circuit Court. A notice
was made and urged upon the magistrate by the Counsel assigned the
prisoner to admit him to bail in the event of his being able to procure
it. The motion, however, was overruled. The records state this fact was
made known by the presiding magistrate particularly as an act of justice
to the prisoner’s counsel.
3:
THE TRIAL OF CHARLES R. S. BOYINGTON
i HE TRIAL of Charles R. S. Boyington for the murder of his
o friend Nathaniel Frost was begun before Judge Chapman in the
Circuit Court on Tuesday, May 29, 1834. A jury was impanelled on
that day, and the examination of the testimony was commenced on
Monday the 28th, the preceding day, and occupied the whole of the
day. The counsel for the prisoner summed up his defense in the eve-
ning and the case closed for the prosecution about 12 o’clock at night.
The charge of the judge after retiring for the space of an hour and a
quarter, returned a verdict of guilty.
The counsel for the prosecution were Solicitor B. B. Breedin' and
James Dillett,2 Esq., and for the prisoner Isaac H. Erwin and Edward
Olcott, Esq.
The old Court House at southwest Royal and Government Streets
was crowded during the trial and up to the hour of the rendering of the
verdict, and throughout the city it was the universal topic of conver-
sation. Rarely had the feelings of the community been more deeply in-
terested. The murder had been so cold-blooded, so unprovoked and so
audacious, and the accused so self-possessed during the whole of the
bloody affair from the crime to the conviction, that wonder and horror
were mingled with ordinary feelings of curiosity and excitement on
such occasions.
His Honor Judge Chapman passed upon Boyington on Saturday,
November 29, 1834, the last sentence of the law, which was “to be hun
by the neck till dead on the 20th day of February, 1835.” The time had
‘In the Old Church Street Cemetery Judge B. B. Breedin is buried. The fine
tombstone at the head of his grave is well preserved, and the inscription reads:
Erected by the Members
Of the Mobile Bar
In Memory of
B. B. BREEDIN
Born in Jefferson County, Va.,
June 22, 1794, and departed this life
In this City Feb. 26, 1854.
2James Dillett, Esq., headed the committee that received Lafayette at Montgomery
on his visit to Alabama in 1825.
20 The Tree: Being the Strange Case of Charles R.S. Boyington
he knew, prove fruitless, he resolutely determined to show no relenting.
Unmoved he lived, and in cold hardihood he died. But it is not pos-
sible at your age you have as yet steeled your conscience so effectually!”
“I am sorry you think so of me,” said Boyington, still in the same
cold sham tone of voice. “I cannot help it;.and where I disbelieve, I
am not mean enough to conceal it.”
“Nor do I wish it,” said the minister. “What I assert is you under-
stand the case—you understand yourself. You have listened to objections
that fell in with your inclination, and without taking the trouble to
examine why you reject the Gospel, or what might be the evidence of
its truth. You state your all on a mere groundless assumption. I tell
you infidelity will not stand the test of honest inquiry. I have tried it
myself, and I know what I say. I am not more fully satisfied that I
am here by you in this cell than I am that the Gospel is the message
of the eternal God to you and to me! I appeal to your conscience; you
know you are not fit to stand in judgment before a pure and just God.”
“When I die there will be an end to me,” said Boyington in a voice
so full of skepticism the good minister almost shuddered. He told older
Mobilians he right then and there started to leave the condemned
man’s cell, but he had started the effort of converting the doubter, why
not continue in God’s name, even though his efforts proved fruitless.
“You may say so,” the minister said, looking Boyington straight
into his emotionless eyes; “but you certainly do not think much less
than can you know it. Your very heart shrinks with dismay from the
mere thought of annihilation. In a few short hours you will go to the
gallows, probably as well in health, as active in intellect, and as capable
of hope and of fear of self-approbation and of remorse, as at this very
moment; as vigorous you will be in mind and body, when the noose is
thrown around your neck, as you are now. In a few moments after that,
your breath will stop, your heart will be still, your body dead! But can
it be that this active mind of yours will there perish?—that it will be
put out of being at once to be no more forever? You cannot think it—
you do not, you cannot believe it! You must have seen persons faint—
sense and consciousness were completely suspended; but, by and by, the
faintness passed over, the mind resumed its power and renewed its
action just as before and conscious also of its identity. You have
often slept and slept for hours soundly, perfectly unconscious of every
object around you, and apparently unconscious of your own existence;
yet sleep passed off, and awakening, you found yourself the same in
feeling, in motive, in everything as before. Now, what is there to show
that the mind, or in other words the man himself, the soul will not be
as entirely unhurt and unaltered by the pang which kills the body as it
is by the process of fainting or by sleeping? The Gospel assures us that
The Sermon in the Condemned’s Cell 2t
the soul will thus survive the body; and the resurrection of Jesus Christ
from the dead proves it beyond the possibility of denial or rational
doubt.
Boyington, who had been hanging his head during the minister’s
penetrating words, and gazing intently on the floor of his cell, sud-
denly looked up and gazed into the minister’s kindly face.
“But I cannot believe the Bible!” he cried out. “I am serious in this
assertion.’
“Mr. Boyington,” the Rev. Hamilton said, gazing as Bxedly'i in the
eyes before him as his listener had been gazing at him, “you know that
- the Bible pours denunciation of wrath against you, and you, therefore,
wish it untrue, for if true, it spreads a fearful blackness before you, un-
less you repent deeply in the very dust before God. Have you reflected
on the astonishing influence that our wishes assert in modifying our
belief?”
“Not much,” answered the prisoner; “but I do think it is because
I fear the Gospel that I am led to reject it.”
“T suppose you do not think so,” said the Rev. Hamilton, “and still
it may be so, not withstanding. A part of my family are now at sea,
and suppose that on my reaching home after leaving you, a person
would meet me and say: ‘Sir, the vessel on which your family em-
barked was wrecked last night in a violent storm off Dauphin Island,
and every soul on board perished.’ Probably my first explanation would
be: ‘No, it cannot be so—I cannot, I will not believe it!’ Or, suppose
I should say to you, ‘Boyington, I have news for you (it is not so, I
only suppose the case), I have brought in my pocket a full pardon for
you, and an order for your immediate liberation!’ You would doubtless
spring to your feet, and your first explanation would be, ‘Oh, no! it
cannot be,—this news is too good to be true! I cannot venture to be-
lieve it! And not until I had shown you the instrument, and read it
to you—not until the jailer had knocked off your fetters and sent you
forth free and unfettered in the street and bolted the gates behind you;
and hardly, even then, would you believe it. You would feel like one
in a dream till time and various little circumstances had brought full
confirmation to the unexpected good news. Now, you know all this is
natural, and it shows plainly how the state of a man’s mind and his
wishes do sensibly and powerfully effect his belief, even when evidence
full and conclusive is before him. If the Gospel did not condemn the
3Dauphin Island at the mouth of Mobile Bay, at first called ieccceri Island by
Iberville, because of the human bones found there, and later Isle Dauphine, and
later contracted into Dauphin Island. Every ten years the hurricanes: of the Gulf
of Mexico play havoc with the Island and its vicinity; however the last serious
hurricane was in 1926 to visit the Mobile region.
22. The Tree: Being the Strange Case of Charles R. S. Boyington
indulgencies men grasp at, we should hear very little about objections
against it.
“Now, bear in mind that the Gospel is based on the Old Testament,
which contains those predictions that were accomplished in Jesus Christ,
as the New Testament shows. We are sure that there are no deception
here, because among the Jews, scattered everywhere throughout the
southern part of Europe, the northern provinces of Africa, and the
western district of Asia, including also Mesapotamia, and who mostly
used the various Greek dialects spoken in those countries, a Greek
translation of the Old Testament had been in use for nearly 300 years
before the birth of Jesus Christ. This Greek translation we have to this
day, and it was not unknown to the learned among pagan nations be-
fore it appeared. Moreover, the old Jewish Rabbis before the time of
Christ wrote commentaries on the prophesies just as we do in applying
them to Jesus. This shows that the different interpretations put upon
these prophesies by modern Jews has been resorted to in order to bring
discredit on the Gospel. At all events, the Jews are living monuments
of the truth of the Old Testament. They still receive it as the word
of God, although they interpret it in a manner different from what
we deem right.
“Their present condition scattered among all nations, yet, every-
where distinct and despised, presents a striking fulfillment of one of
their own most signal prophesies. The overthrow of their nation, the
utter destruction of Jerusalem and its superb temple of the Emperor
Titus, is an exact fulfillment of the prophecy uttered by Jesus Christ,
and recorded and published by his disciples years before Jerusalem was
destroyed. Moreover, compare the New Testament with the writings of
most learned and profound philosophers of antiquity. How vastly su-
perior in every respect are the writings of these uneducated Galilean
peasants. The character they have drawn in artless narrative of the life
and sayings of Jesus of Nazareth is a finished model of excellence,
dignity, wisdom, and gentleness combined. It is absolutely unrivaled,
yet it is perfectly natural! The acutest enemies of the Gospel have been
unable to detect a single flaw in that character. They have unanimously
pronounced it a specimen of unparalleled excellence. The Apostles have
exhibited also in their writings a system of morals complete and fault-
less; and they have furnished a religion pure, benign, rational, and uni-
versally applicable to all mankind, everywhere and in all ages. Yet this
is the production of a few illiterate men: they gave their testimony
openly to the Gospel they preached; and that, too, in defiance of pov-
erty, contempt, persecution and death; and they proved the integrity
of their purpose by sealing that testimony with their blood, and that
almost to a man.
The Sermon in the Condemned’s Cell 23
“If the Gospel be a cunningly devised fable, its production in all its
purity, solemnity, beauty and power, by such men, and under such cir-
cumstances, is the most astonishing prodigy ever heard of. It is abso-
lutely more incredible than all the miracles recorded in the Bible ten
times over! Admit that the Gospel is true—admit that it is written under
the guidance of the spirit of truth, and all is consistent, natural and
credible. The Gospel is often said by its enemies to be unworthy of
the "Mighty God, since it represents Him as placing undue importance
on the events transpiring on this globe a mere speck in creation. This
‘ objection on examination appears perfectly childish. The events occuring
on this globe are worthy of all the notice from God which the Gospel
ascribes to them, for sin is rebellion against God’s authority. If sin
escapes punishment on this earth, while God sits on the throne of uni-
versal empire, the divine authority is as truly spurned, the divine honor
is boldly insulted as though the universe should rise in general rebellion
against God. It is the principle involved, whether God shall reign in
His own acknowledged right, and reign in equity that raised God’s
notice of man’s sin—called for the blood-shedding of a Divine Re-
deemer to procure pardon, and kindled the flames of an eternal Hell
to consume the proud despisers of heaven’s mercy! It were strange in-
fatuation in a human government to disregard open rebellion spread-
ing among its subjects, because that rebellion formed its plot in an ob-
scure village of a distant province and commenced its first overt acts
in a treasonable compact entered into and sealed by oath among a little
band of desperadoes, met in a wretched garret unheard of before! So
far from being unworthy of God,—the certain precurser of His wrath,—
the sure cause of inevitable perdition to the hardened transgressor; and
yet, while dealing thus plainly with men, it conveys an offer of a free
pardon to every man who turns with compunction from his sins. No
matter how vile, how enormous his sins may have been, no sooner does
a man feel truly repenitent and asks for mercy in the Saviour’s name
then he is freely forgiven. Yes, sir, even to the wretched murderer
stained with blood, it authorizes its ministers to offer pardon, aye, and
eternal life, if they but sincerely repent and trust in Christ! This Gos-
pel, thus generous in its overtures, wiping away the tear that trembles
in the eye of penitent guilt, however previously vile and frowning only
on incorrigible wickedness—this benign system it is that infidels have
the effrontery to traduce as a dark, narrow-minded, illiterate system.
““O shame where is thy blush?’ ”
The Rev. Hamilton bent over his infidel listener; then looking him
straight in the eyes he raised his voice to a strong pitch, and said:
“Boyington! listen to me!—listen to one tenderly solicitous for your
18 The Tree: Being the Strange Case of Charles R. S. Boyington
“It seems so,” Boyington said simply.
“So, also,” said the prisoner’s kind friend and minister, “it can be
clearly proved that He is all wise, and perfectly pure and just,—de-
termined to favor the innocent and the pure, and to crush the guilty
sooner or later. It is a common objection of pretended atheists, “What
proof can you give me that there is a God? I can neither see, nor hear,
nor feel Him?’ Suppose you would reason so in regard to justice? I
should say, in man’s bosom are implanted principles of instructive jus-
tice: it reigns over the affairs of men so that the tendency of human
affairs is to detect guilt, and ensue punishment. ‘Oh,’ say you, ‘show
me this justice and I will believe you. I cannot see justice, I cannot
hear, nor handle, nor taste, nor smell it. How can I believe what is
beyond the evidence of my senses?’ And I will suppose that under the
influence of these views, you, wanting money, and being acquainted
with an individual who has some and whom from his known weak-
ness of health, you suppose you can easily overpower, you entice him
to go with you alone to a retired spot, and there, while he leans on
your arm as on that of a known friend, you suddenly grasp that arm
in your own and pierce him to the heart with repeated blows, rifle
his pockets, and then looking around you and saying ‘no eye sees me,
no one can now impede my movements, this murdered friend can bring
no charge.’ You then walk away, leaving far behind you the bleeding
corpse, the scene of your guilt and your clamorous creditors and when
already scores of miles from the scene of this fiendish villainry, and
while you are congratulating yourself on the success of your plans, sud-
denly you find yourself surrounded by strange faces, roughly accosted,
charged with the guilt of murdering him you had left bleeding behind
you—you are bound, searched, conducted back to the place from which
you had fled, arraigned before multitudes of your fellow men, where,
step by step, the whole train of your guilt is developed to the full con-
viction of the jury, the judge and the community, and the result is, here
you are chained and fettered in this solitary cell awaiting the execution
of that sentence of the law which demands blood for blood! Now,—
without deciding on the question of your personal guilt or innocence,—
is not there here evidence that comes home to the very heart’s care of
the existence of justice, that is, of a principle pervading the breast of
the community that demands punishment to follow crime and insists
on life for life? Is there no relevancy to the subject on which we have
been conversing?”
Boyington became somewhat startled and with a look of deep
thoughtfulness.
“T think there is,” he said quietly and slowly in direct answer to the
minister’s last question.
The Sermon in the Condemned’s Cell - 19
“You cannot see justice,” continued the Rev, Hamilton, in the same
gentle penetrating voice, “you can neither hear it, smell it, taste it, nor
touch it; yet, this very principle of justice has arrested you, and fixed
next Friday for the last day of your life. This surely is evidence enough
of the existence of justice given you in the effect it has produced. In
the like manner from the affects meeting your view in every object
around you, in your own beating heart and your heaving lungs, you
have ample evidence of the existence of God; and evidence, too, that
He is powerful, intelligent and just; that He will punish sin wherever
found, even though you can neither see Him, hear Him, nor touch
. Him.”
“TI must admit an intelligent cause as the origin of all things,” ad-
mitted Boyington, but within his heart the witness could see his words
were only sham.
“Yes, sir,” said the minister, “and you must admit Him to be wise
and just, too.”
“Well, but that does not prove that Christianity is true, or that the
soul is immortal,” argued Boyington.
“Assured it does not,” said the Rev. Hamilton, “there is other proof
for the truth of those points as abundant as clear, or irresistible as there
is for the being of a God. But in your awful circumstances it seems
folly to waste time in mere argument. I come to offer you mercy from
the eternal cause of all, through the death of Jesus, His Son, if you will
sincerely repent and seek for mercy in His name.”
“Your motives are kind I doubt not,” said Boyington with a flat
determination,” but I do-not believe in Christianity; I can not act or
feel as if I did.”
The Rev. Hamilton was becoming impatient, and he felt as though
his anxious efforts had gone for naught, he told older Mobilians. How-
ever, he put a seriousness in the tone of his voice that must have pene-
trated the heart of the prisoner, if he had one.
“Boyington! you are deceiving yourself,” he said with doubt and
with tears in his eyes. “This calmness is assumed: I forewarn you it will
not hold—it will not sustain you at last. I have seen many professed
infidels die: I never saw but one who maintained his skepticism to the
last, and he was a man of very unusual mental vigor and firmness of
purpose. He died in cold contempt of religion, though even he on my
asking, ‘What, if you thus reject the Gospel, is your prospect of eter-
nity?’ He shuddered as he answered: “Dark, dark enough.” But in re-
gard to this individual, I have reason to believe he had in early life
struggled against an awakened conscience. He had grieved away the
spirit of God, and he was left to hardness of heart. He knew his case
was hopeless; mercy was beyond his reach, and because relenting would,
24 The Tree: Being the Strange Case of Charles R. S. Boyington
highest interests, and bow* your knees in earnest prayer to the God
of Mercy! Will you do so?”
The long and depthful sermon of persuasion by the kindly minister
to turn the prisoner, bathed deeply in infidelity, to the right and pro-
fess his belief in God was too much for Boyington, and he threw him-
self on his knees and covered his face with his arm against his cell
couch. He was weeping heavily now, but not because he felt repen-
tance filling his heart, but because the kindly minister had touched his
heart as often his own dear mother had done back in Litchfield, Conn.,
when scolding him for a wrong he had done. He then looked up, and
from his sobbing lips in an almost inaudible voice came the words,
“T will try, sir.”
The Rev. Hamilton knelt on the ceil floor and raised his voice in
silent prayer, and when finished, he put his hand on the prisoner’s
shoulder as a father would his son, and then he left him alone in his
cell.
4As written in the notes of the Rev. William T. Hamilton.
=
BOYINGTON WRITES A LETTER TO THE REV. HAMILTON
: HE Rey. Hamilton teils us in his notes contained in his little
pamphlet on the trial and execution of Boyington as well as his
other notes that were preserved by his grandson, the late Peter Joseph
Hamilton,' the Mobile historian, writer and judician, that this lengthy
“conversation-sermon” given in this and the preceding chapter, which
finally touched the young prisoner’s heart but not his conscience, was
not held all at one time, as stated before, but took place at different
interviews or visits to the condemned’s cell, and is here arranged in
dialogue to give an exact idea of what transpired between the minister
and the unfortunate young man he was trying to convert to Christianity
and make acknowledge his guilt. “It is in substance,” says the Rev.
Hamilton, in his notes, “such as actually passed in the condemned’s cell
between him axd the prisoner, and given as nearly as recollected in the
very words used.”
The night before Boyington’s execution a little after 9 o'clock the
Rev. Hamilton was proceeding after a public religious exercise to the
condemned’s cell according to a promise previously given to the pris-
oner, he was met by another gentleman well known to him, a Mr. Br.
Tardy, of Mobile, on the corner of St. Emanuel and Dauphin Streets,
who was returning from the jail. This gentleman friend said:
“Oh, sir! Boyington is an awful man, an awful man! if man he be,
and not a fiend.”
“Why, what is the matter?” inquired the Rev. Hamilton.
“I have just been to the cell,” said the gentleman friend; “the jailer
after tapping at the door and asking admittance opened it, I standing
a little out of the way where the prisoner could not see me. On being
told I was come and wished to see him, he rose slowly from his rae
muttering aloud through his closed teeth: ‘G—d d—n their souls!’
went in reluctantly and shuddering. ‘Mr. Boyington,’ said I, ‘what ee
I done to deserve this at your hands?’ ”
1 Hon. Peter Joseph Hamilton, author of Colonial Mobile, Mobile of the Five Flags,
a book on travel and a number of other works. He was a prominent lawyer of
Mobile, one of the organizers of the Iberville Historical Society of Mobile, and for
a number of years was Judge of the Supreme Court of Puerto Rico.
40 The Tree: Being the Strange Case of Charles R. S. Boyington
buried. Up to about 1905, however, there was also still standing a small
headstone among the edges of the north roots of the oak badly broken
and weatherworn, denoting the spot where Boyington was buried, the
inscription thereon still legible read:
CHARLES R. S. BOYINGTON
Hanged for the Murder
of
NATHANIEL FROST
February 20th, 1835
This headstone was said by older Mobilians'* to have been placed
there by friends of Nathaniel Frost, so the world could see the grave
of a dastardly murderer of a kind friend who had befriended him.
The children playing about the cemetery in past times used to decorate
the grave with flowers, and the older Mobilians'? have said that prior
to the Civil War for many years on All Saints’ Day some woman would
burn a candle at its head and place a bouquet of white flowers in the
small urn that once stood at its foot. We can only wonder if this woman
could have been Rose de Fleur.**
16 Conversations with the late Mrs. Sarah DeBois, the Mobile centenarian; also Daniel
Geary’s notes.
17 [bid.
18 [bid.
7
THE THREE INTERVIEWS ON BOYINGTON BY MRS. FANNY HEARIN
©O: THE short romance between Charles R. S. Boyington and Rose
de Fleur, the beautiful daughter of the French refugee to Mobile,
Count de Fleur, only a little is known, and this I have gathered from
the most authentic sources, those who were living at the time and knew
both Boyington and the girl personally. Their friendship had culminated
as we have seen at a ball given at the Alabama Hotel, at the southeast
corner of Royal and St. Francis Streets, during December, 1833. Mrs.
Sarah DeBois, the centenarian of Mobile and the first matron of the
Mobile City Hospital, and the late venerable J. Ogden Belknap, both
witnesses to the hanging of Boyington, are two of the writer’s best
authorities outside his step-grandfather, the late Daniel Geary of Mobile,
who was at that time a member of the Home Guards which marched
behind the mounted City Troop in the procession to the scene of the
hanging, and also a number of other older Mobilians living up to a
few years ago. The information left and given by these says that the
handsome Count de Fleur, tall and dignified, was very strict with his
beautiful daughter and a relative, acting as a duenna, was employed
to accompany her nearly every where she went. This authority also
says that before the murder of Nathaniel Frost, Boyington’s visits to
Rose de Fleur were quite often at first, but was allowed to visit her at
her relatives’ home only a few times. Then after Boyington was ac-
cused of murdering his friend and brought back to Mobile after fleeing
up the Alabama River, and incarcerated in the City Jail, she was al-
lowed to visit him in his cell, bring him flowers, fruits and cakes and
other dainties. However, the same authority says she also sat at his
trial beside him, as already stated; then after a few visits at different
times to Boyington’s cell, her father forbade her to ever see him again.
On the day, however, he was hanged, she was among the spectators
with some friends, but before the noose was slipped around his neck,
she disappeared weeping from the scaffold scene, but was later that
same day seen coming from Boyington’s grave. After this little was
seen of her. Mrs. Sarah DeBois said that Count de Fleur was allowed
to return to France, his “affair” with another French count had blown
38 The Tree: Being the Strange Case of Charles R. S. Boyington
of instant command, “Charge Bayonets!”? which the watchful eye of
the gallant Captain of the foot troops saw was necessary to preserve
peace and perhaps to save life, the condemned saw confronting him an
array of glistening messengers of death that held him quivering and
trembling a forlorn object of abject despair, which caused his knees
to sink under him as he attempted to run. Daniel Geary in his notes
says: “Not a finger was stirred among the crowd to encourage him.
The officers of justice immediately seized him—and then follows the
scene that beggars description.” Boyington was forced up the steps lead-
ing to the drop, desperately but feebly struggling. When on the scaf-
fold, he turned and writhed in the grasp of the officers, disclosing to
those who had nerve enough to look on him, a face, which, from its
expression of deep, hopeless and horrible agony, was absolutely terrific!
And in this struggle the rope around his wrists came aloose, and his
hands were free to scratch his holders and tear their clothes.
On the drop he would not stand, but the noose at length, however,
in spite of the agony he was suffering within, was readjusted and at-
tached to the proper hook; but the officers were compelled literally to
thrust him off his foothold. It was observed, said older Mobilians, who
witnessed the hanging, that even then Boyington carefully avoided
struggling with his feet as though to the last moment of consciousness,
he still retained hope of being resuscitated and avoided any exertion that
might diminish the probability of its being effected. He cautiously ex-
tended his foot to regain a stand on the board from which he had been
pushed, and also clutched with desperate effort at the rope around his
neck, and succeeded in inserting his hands between the rope and his
neck. At this moment a death-like stillness reigned over the vast multi-
tude of spectators around the scaffold. Then the officers approached the
suspended man, and proceeded with their duty to withdraw his hands
from the position in which he had placed them as if to baffle the law
itself and avert the full execution of the sentence, the spectacle was most
revolting. Here was a culprit swinging to and fro and clutching at the
rope to prevent suffocation, the officers seizing hold of the body and
pulling at his arms to draw out his hands (the only course their duty
admitted), it looked so much like weighing down the man to hasten
his strangulation and ensure speedier death from him; but at this mo-
ment an involuntary cry broke from some of the spectators, doubtless
under the false impression that such was the object of the officers’
movements:
“Oh, it is like murder!—It is murder!”
A shuddering horror passed through every bosom in that vast as-
sembly; but profound silence again reigned until the expiration of about
The Hanging of Charles R. S. Boyington be
half an hour the body of Boyington was cut down and nailed up in his
coffin. |
The multitude then gradually and quietly dispersed, and the body
attended by the Rev. Hamilton and some few others who had known
Boyington, was conveyed to the Old Church Street Cemetery and there
decently interred in the northwest corner of the Potter’s Field and close
to the Bayou Street wall (approximately 60 yards diagonally from the
spot a little southward on the opposite side of Bayou Street where he
had killed his friend Nathaniel Frost), where today grows a massive
live oak over the spot with approximately an hundred roots, perhaps
more than that number at its base, if counted.
The late J. Ogden Belknap of Mobile, as well as other older Mo-
bilians, who witnessed the hanging and burial of Boyington said that
the oak growing on or beside the spot today is the same that grew out
of the side of his grave as a small volunteer seedling from one of the
two massive oaks growing nearby, “in answer to his prediction on the
scaffold.” Mr. Belknap also said that when this seedling sprouted out
on the side of Boyington’s grave shortly after he was buried the people
of Mobile, who had heard his prediction, watched it like a hawk and
the early keepers of the graveyard guarded it carefully. Mr. Belknap also
stated several other live oaks in the north end of the Potter’s Field,
massive in size, as well as the other large oaks in the cemetery proper
along with the larger magnolias were all full grown trees at the time
Boyington was hanged, he being ten years old at that time. This live
oak in the northwest end of the Potter’s Field is not quite as broad
in spread and large as some of the others mentioned here, but it is one
of the most noted of the beautiful trees of Mobile and its vicinity and
should be better preserved. For many years since following the hanging
of Charles R. S. Boyington, it has been referred to and pointed out as
“The Boyington Oak.”
Following the diverting of the Potter’s Field on the entire Bayou
Street side of the Old Church Street Cemetery, where the Mexican War
veterans are buried and the Old Military lot once stood with its early
military veterans’ grave and tombs and those of the early Mobile militia,
into a playground, the writer in 1911'S as a young man assisted the
late Hon. Peter Joseph Hamilton, the Mobile historian and writer and
one of the organizers of “The Iberville Historical Society,” and the
grandson of the Rev. William T. Hamilton, who as we have seen spirit-
ually attended Boyington, in placing two painted metal signs on the
north wall of the cemetery, one at the last or present entrance gate and
the other opposite the oak tree denoting the spot where Boyington was
13 The year Mobile celebrated the founding of its present site in 1711.
34 The Tree: Being the Strange Case of Charles R.S. Boyington
made to dissuade him from reading any part of it. He insisted, how-
ever, in his purpose, and with a clear, firm voice he read and explained
about one-third of the document until Sheriff Toulmin peremptorily
ordered him to stop and prepare. Then he motioned the Rev. Hamilton
to persuade him.
“Mr. Boyington,” said the minister in a persuasive voice, “the sheriff
orders you to stop; the time is nearly expired. Descend with me and
calmly submit to the last necessary arrangements.”
Boyington expostulated, saying:
“What, can’t I read the rest?”
“No, sir!” broke in Sheriff Toulmin, demandingly, “not another
page! I am waiting for you.”
Boyington now began to show considerable agitation and his color
changed, his lips quivered, but he descended to the ground. Hundreds
of spectators't surrounded the scaffold in one vast circle, the inner line
of which was composed chiefly of the two military companies. The
prisoner interposed further obstacles. He insisted on holding parley with
the surgeon and doctor appointed to pronounce him dead, to get him to
reanimate his body after execution. The prisoner previously had given
permission to this surgeon to use his body for galvanic experiments.
He leant forward and whispered i in the ear of the surgeon:
“Will it be possible to reanimate my body after I am executed?”
The surgeon shook his head negatively, and said:
“T assure you it cannot be possible.”
“Then, sir,” said Boyington to the surgeon sulkily, “you shall not
touch my body with a knife.”
“Then,” said the surgeon, “I do not want the body, and be assured
I will not touch it.”
The surgeon walked a few steps away from Boyington, but the
latter called him back and inquired:
“What is the easiest mode to die?”
“For the lungs to be moderately inflated,” the surgeon answered.
Boyington then approached the Rev. Hamilton while the officers
now stood ready with the shroud,'? and asked:
11 According to older Mobilians the people came down the Alabama rivers in great
numbers to witness the hanging of Boyington; they also came in great numbers from
New Orleans and elsewhere, as the murder was the sensation of the day and was
copied in many other newspapers from The Mobile Mercantile Advertiser and The
Mobile Commercial Register. Even the slaves free for the day were allowed to see
the hanging.
12 Older Mobilians stated it was the custom in those early days when a man was
hanged, although he was dressed in a suit, to also be robed in his shroud before the
noose was put around his neck.
The Hanging of Charles R: S. Boyington 35
“Shall I need to wear my coat?”
“What can it signify?” said the Rev. Hamilton. “Please yourself,
either keep it on or lay it aside, as you please, but do not delay the
officers.”
“Oh, I think I will do without it,” said Boyington, still trying to
delay the execution. He then took off his coat, and the clergyman laid
it on the coffin. He also took off his stock and black tie from his neck.
The limited time had nearly gone. Sheriff Toulmin and his deputies
assisting him in the execution began now to show agitation and im-
patience at the prisoner’s action in trying to delay his execution. Boy-
‘ ington was now sighing heavily, he became pale and the veins of his
neck and temples were turgid. He raised his eyes several times to
heaven. At length his death-dress was adjusted on him, his arms were
once more confined behind him, and the noose was passed around his
neck. He complained that the rope hurt his arms and wrists. He be-
came deadly pale, but accepted the offered arm of the Rev Hamilton,
and with him ascended the scaffold; but he would not take his stand
on the drop. The morbid spectators reverently kept a profound silence
during the short prayer offered by the clergyman, commending the un-
happy prisoner’s soul to the mercy of God:
“Let us pray for the soul of Charles R. S. Boyington: To You,
O God! I raise my! eyes and voice and ask you to have mercy
on the soul which is about to pass from its earthly body. We pray,
O Father! to give him strength and light that his eyes and heart
will open and receive Thee! Give him strength to make his peace
with Thee and feel contrite deep down in his heart! We thank
Thee, O Almighty Master! Amen.”'
The prayer ended, the clergyman turned to the prisoner, who took
his hand sidewise, and with expressive agitation and emotion, said:
“T thank you, sir, from the bottom of my heart.”
“Boyington!” said the clergyman in an exclamatory yet pleading
voice, “in a few moments you will stand before God! What is your last
declaration?”
“Sir, IT am innocent! I am innocent! But what can I do? When I
am buried an oak tree with a hundred roots will grow out of my grave
to prove my innocence!”
Boyington’s voice was now clear and loud, but its ring was bitter,
his body quivered, and the tears rolled down his checks.
The Rev. Hamilton thinking he was about to repent, he pointed
toward heaven, and said:
13 Copied from one of Mrs. Sarah DeBois’ scrapbooks, the original being written in
ink by her.
Ha \
a (mn Var
T
: I
Ge Cx Cz
4 x Begs Yh (1;
\
A Wr
Z>*
This is the “Boyington Oak,” which grew out of the side of Charles R. S. Boyington’s
grave, in the northwest corner of the old Church Street Cemetery. The tree is there
today but the grave and headstone have long disappeared.
“Look to the Lamb of God, whose blood cleanses from all sin, and
cry sincerely for mercy!”
“But what can I do? I must make an effort to save my life! May
I not jump from the scaffold and try to save my life?”
“No, sir!—no!—’tis folly—’tis madness!” exclaimed the Rev. Hamil-
ton. “You cannot escape. Look at all the multitude. Not a man but
The Hanging of Charles R..S. Boyington 37
believes your doom richly merited. If you attempt to escape you can-
not succeed, but you will be the death of some of the crowd, for the
soldiers will fire!”
“No, they won’t fire!” said Boyington as a younger man would say;
then the tears ran down his checks, as he added: “I must make one
effort for my life!”
He was now desperate to madness. His will was made up to escape,
or die while so doing.
The Rev. Hamilton was shocked—outdone.
“Boyington,” he said with bitter regret and with tears in his eyes
_and his voice almost quivering, “I have done—I have tried faithfully to
discharge my duty to your soul. You promised me you would be firm
at heart—Farewell!”
When the minister, his best friend, said “farewell! Boyington felt
the earth had opened and his entire life buried. The minister’s sooth-
ing words had been his only consolation.
“Oh, sir, you have been faithful,” said Boyington in an almost stilled
voice, as he took the minister’s hand sidewise in his. Then he was
silent for a few seconds, but, leaning toward his spiritual friend, he
said almost inaudibly: “I must make one more effort for my life,—I
must!”
As the minister released the prisoner’s bound hands from his, and
descended the scaffold steps, one of the deputy sheriffs began to read-
just the upper end of the rope to hang straight from the center of the
ell of the gibbet, an excitement occurred in the immense crowd occa-
sioned by a very peculiar fact.‘4 Sheriff Toulmin, who had gone over
to speak to a friend seated on a log in front of the scaffold, fainted, and
the friend to whom he wished to speak also fainted, and singular to say,
the sheriff’s horse nearby dropped in his harness the same as if he had
fainted, too. Boyington seemed to think this was a demonstration of
sympathy in his favor, and like a bird sails from that platform he
jumped, uttering at the same time a heart-rendering cry of despair, his
arms being slack enough to throw the rope from over his head, and
alighted in the arena within the military lines, tied though he was and
nerveless, yet trembling with agitation in as much that his knees sank
under him as he attempted to run. Not a finger was stirred among
the spectators to encourage him, for they stood aghast and dumb-
founded. Did any one in that large throng move to rescue him? Was
one word uttered in his behalf? No! What must have been the poor
fellow’s feelings, when, instead of obtaining his liberty, at the word
14 Daniel Geary’s notes; conversations with the late venerable J. Ogden Belknap and
other older Mobilians.
~+
96 = The Tree: Being the Strange Case of Charles R. S. Boyington
the lighter vessels at that time in port and in the lower waters of Mobile
Bay, where the heavy deep water craft was always loaded from barges
towed down because of too shallow a channel up to the river and at the
wharves, startling tales were learned by the Rev. Hamilton during his
spiritual visits to the seamen.
Boyington was a suspect of many thefts at Boston, then he had been
arrested at Savannah, and tried for horse stealing at Charleston, S. C.
All these he had confessed to the Rev. Hamilton during the latter’s visits
to his cell. He was also said and generally believed to have been con-
victed of piracy at Charleston, but was pardoned, it was said, in con-
sideration of his extreme youth with its shamming and cunning man-
ner. All these wrongdoings took place while on his way from New
England to Mobile and during his journeying in the print shops along
the way. However, this last charge mentioned here he strenuously de-
nied, and doubtless it was unfounded; but his character labored heavily,
says the Rev. Hamilton, under well sustained charges of previous guilt,
which rendered the suspicions attaching to him under the circumstances
of his sudden departure up the Alabama River from Mobile, probable
withal. A previously unsullied reputation would have prevented all
suspicion of guilt in his case, or would have carried him safely through
his trial. Yes, it was a bad name, which his own follies and vices had
gained him, that laid him open to suspicion by all and contributed
largely to bring him to the gallows! Then, too, when his arrest was
known, the news was carried by vessels to all the ports up the Atlantic
to Maine, and then his previous wrongdoings were spread against him.
Back in Litchfield, Conn., Boyington was once a harmless and play-
ful child, and had not the onward progress of vice and its hardening
effect through wrong company came his way to prompt him to leave
home so young, he would have been an ornament to society. There was
evidence in his more gentler composition that he was the joy of his fond
mother’s heart. If Boyington had been living in these present late times
his delinquency would have been, perhaps, murder after murder as
well as a long list of other crimes. The lack of freedom in the times
when Boyington was a boy helped to hold him back until he met way-
ward companionship, and having finished his printer’s apprenticeship
he was ready to leave home and see the world.
One sea captain, who knew him as a school boy, said even then he
was mischievous and ungovernable even at school. The Rev. Hamilton
found in him the certain trait that while very young he displayed a dis-
taste for steady application, an impatience of control that omened ill
Boyington was not yet twenty at the time of his death, if his own
statement be correct, a mere youth; and as we have found when in
The Phenomenal and Criminal Complex’ Sides of Boyington 57
Boston his name was coupled with the charge of dishonesty, and dis-
honesty linked with the prime charge of murder were the main accu-
sations at his trial, said older Mobilians. Frost’s money was missing,
and Boyington had money when caught. Even if he had to kill theft
seems to have been the motive. He claimed to the Rev. Hamilton his
being tried for a gross offence at Charleston was through a mistake,
but the aspect of the affair was a dark one. All evidence at hand shows
he must have been an idle wanderer, although trained to the profit-
able employment of printer before his appearance in Mobile in Novem-
ber, 1833, as a common sailor and deckhand before the mast. As I have
-stated before employment in his own trade was readily obtained for
him, but his habits of restless indolence prevailed.
The Rev. Hamilton in his notes says, “he abandoned the walk of
honest industry and consorts with the idle, the dissolute, the gambler.
He who had lisped his infant prayer into the ear of maternal piety, is
seen presenting a front of defiance against heaven, denying the Saviour,
blaspheming God, and before long the charge of blood guiltiness weighs
heavily upon him, and cuts short his reckless career. Once entered on
the path of vice, once consort with the abandoned, the profane scoffer,
the unprincipled gambler, and who shall designate the point of guilt
at which you shall stop? A year or two, and had Boyington been told,
‘you will add crime to crime until you end your career on the gallows!’
he would probably have felt as incredulous and been as much shocked
as would now any of the thoughtless, pleasure-loving readers of these
pages! Beware then of the beginning of folly! Beware of the first step
in guilt! Beware!’’s
The above words left by the Rev. Hamilton should be read by every
modern youth in these days of bold delinquency, as the case shows im-
pressively that PUNISHMENT will overtake the evil doer in the end!
When a young man, especially Boyington’s age and even younger,
commits a crime, he does it with the hope of impunity. This virtually
applies to the wretched murderer of Frost. They were alone, and Boy-
ington thought the dense woods around them and the tall brick fence
that surrounded the graveyard across the way on the east shielded them
completely from both human eye and ear, but he was wrong. They were
seen at the time, but during those early days no slave’s testimony in
court was valid. If the slave’s testimony could have been taken Frost’s
murderer would not have been convicted partly on circumstantial evi-
dence. This slave’s knowledge of having seen the actual murder was
withheld and never officially printed or made known until August Ist,
1879, by the venerable and learned scholar of Mobile, the late Professor
5 Rev. Hamilton’s printed notes.
be 8
50. = The Tree: Being the Strange Case of Charles R. S. Boyington
the man who held her, I looked for him, following every pondrous pair
of shoulders until I was exhausted and disappointed. Finally in the
suburbs of the place I saw a covered wagon and a camp fire which
shone on the back of a man, who stood nearby smoking. A woman
was knitting, and a boy was lying down looking into the fire. I recog-
nized the man by the homespun coat he wore, although I was uncon-
scious of noticing it when Rosa was on his shoulders. They gave me a
camp stool, and the old man did the talking. They were a simple
hearted country family, who had come a long distance to the hanging.
How strange that such curiosity should be in human nature! But it does.
“Make yourself comfortable, stranger,” said the broad-shouldered man.
Upon explaining my reason for declining—viz., that I was in search
of the young girl whom I had seen on his shoulders—the three faces
looking on were full of kindly interest. “That jest what we aim at our-
selves,” said he, “my old woman says she’s a sperit.”
“She certainly looked like a ghost,’ I said, and asked of him what
he knew of her.
““Unly this, she seized holt ov me and said, “Oh, kind sir, you are
large and strong, lift me to your shoulders that he may see my face!”
and I did so—she was light as a wisp of straw and I flung her up.
Her heart beat like a bird’s, and she whispered again, ‘If he tries to
escape, you will not put your hand in his way, will you? I sed, sez I,
no, nor I wouldn’t, nor I didn’t, for I know’d the child was in trouble
by that beating heart. Well, you was thar, you know how it was. I
know what I did, I shoved every man ov ’em back that tried to pass
me and I kep’ one spot clare and I’d do it agin, if it was to do over agin.”
He drew away at his pipe until his mouth looked like a smokestack.
‘And me, too, daddy,’ said the boy, throwing a pine knot in the fire
with a vim in his voice. ‘All at wonst,’ continued Broadshoulders, ‘her
heart stopt a-beatin’ and she fell forward in a little heap on my neck,
an’ I eazed her down and brought her here to my ole woman.’ The
woman affectionately called ‘old woman’ had dropped her knitting and
was wiping her eyes with the corner of a blue-checkered apron, and
added, “When we brung her to we laid her on the pine straw and she
did nothing but moan and say thanky to us for every thing we did.
She kissed my ole man’s rough hand, she did, and said God would bless
him. I thought a rale strong cup of coffee would liven her up, so while
my son thar was hunting pine knots and I was a-fumblin’ in the wagin,
she up and vanished. My ole man was studying so deep thar by the
log, that he never saw or heard her. When we looked round, bless your
soul she was clare gone, and I feel jest like a sperit had lit a minute
and flew up while we was a-wonderin’. Lor’, she was a likely young
The Three Interviews on Boyington ‘b y Mrs. Fanny Hearin 51
woman; her skin was clare and soft as bleachin’, and them long curls
of hern, I never will forgit! If you want to find her, mind what I say,
go straight off to his grave for she loved that poor man, sure!’
“So with thanks I bade them goodbye, and went to Boyington’s
grave. The woman was right; I found the girl lying in another swoon
across his grave. If she had ever been a rose, thought I, it was one of
those delicious bridal roses, white to the very heart. I prepared myself
with wine, and my mother had put a smelling-salts bottle in my pocket
for Boyington himself. Lifting her head I poured the wine between her
lips, and held the bottle of salts to her motionless nostrils. It seemed a
’ weary time before the fine curves of nose and lips quivered with breath
of life. She sighed, looked vacantly up to the sky. A shudder ran through
her form, and opening her beautiful arms as if she offered rest to her
“own stricken deer,” she cried out, “Robert! Oh, my Robert!” We called
him Charles Boyington in Mobile, and I was struck as much by the
name she called him as by the sad sweetness of that piercing cry. I re-
member the plea made for him by his counsel, that his name was C.
R. S. Boyington. She started timidly away from me, but I handed
her the note'? from him, and she gave me her hand. I helped her to
rise, and she sat by the mound trembling and kissing the note, while
I turned the light of my dark lantern on the page for her to read his
last words of love. Then for the first time she wept. When the paroxysm
was over and her face had nearly settled into its: statuesque stillness and
whiteness, she grasped my hand, and thanked me earnestly for what
she deemed kindness to him. “He had told me all,” she said, “and oh,
how deeply I love and thank the warm, good hearts who have been
faithful to him, I cannot tell! You will tell them for me, that while
my heart is broken, my brain is reeling and my spirit going, I have
thought of them.” She put her hands to her temples as if she could
not find her thoughts and words. I gave her another sip of wine and
put the salts bottle in her hand. “That is my mother’s,” said I; “where
is your mother?” “Gone! Gone!” she whispered; “in all this wide
world I had none left but him.” Her head sank on her knees, and the
long moon-lighted curls swept on his grave. I could say nothing, but
I wished that I could pray. She was praying, and I believe it was with
heaven-sent strength that she lifted her face to mine, and said calmly:
“T will keep this for remembrance—but leave me here alone for a little
while.” I pleaded for her to return to my mother’s house; she only
answered, “Leave me with him a little while!” I could not resist that
tender-toned voice, and walked away. I remained near enough to hear
toSee the last of Boyington’s love letters given here, and written shortly before he
marched to his_hanging.
52. The Tree: Being the Strange Case of Charles R.S. Boyington
her sob that dry, tearless sobbing that endeth brokenheartedness. Once
again I heard, “Robert! Oh, my Robert!” and all was still, except the
bass notes of the long-leaved pines't that caught that minor strain of
agony. I hastened back with a dread in my heart. I would not have
been surprised to have found her dead upon his grave, for it sounded
like a death note echoing through the air. She was gone from my
sight forever! I called, and called in vain; the echoes threw her name
back in mystic softness to my ear, and I left the gloomy spot with a
gloomier heart and dragged myself wearily home.’
“Poor Boyington! Guilty or not guilty, thou wert blessed in a love
unspeakable as death! And sweet Rosa, little Rosey where art thou now?
Not here. The fragile vase is shattered, and the faithful spirit has fol-
lowed its mate out into the darkness, calling ‘Robert! Oh, Robert!’
“Kind Reader, I have gone to thy hearth twelve times with my
simple stories, and now, as the clock strikes twelve, goodbye!”
Pine trees during the 1830’s and for many years following surrounding the entire
neighborhood of the Old Church Street Cemetery, and even in the graveyard proper
a few up to late years were growing.
(Note: The late Doctor Erwin Craighead, Editor Emeritus of The Mobile Regis-
ter, told the writer this No. 12. of Mrs. Fanny Hearin’s “Recollection of Mobile,”
was perhaps the only existing copy known and should be considered very rare and
an important light on the Boyington case. The style of Mrs. Hearin as seen is simple,
and though her “Recollections” read like fiction, they are most entertaining and
much can be gleaned from them.—F. L. D.
8
THE REV. HAMILTON FULFILLS HIS PROMISE
HREE Days after the hanging of Boyington, the Rev. William T.
Hamilton tells us in his notes he fulfilled his promise made to the
prisoner in his cell by writing to a friend and neighbor in Litchfield,
Connecticut, so that his mother could be told gently about his awful
fate. The following is the letter briefly describing the whole case,
which was afterwards published in The Mobile Merchantile Adver-
tiser on Saturday, April 11, 1835, as well as the other Mobile papers
and those of the South, after being first published in The Newark
(N.J.) Daily Advertiser:
Mobile, Feb. 23, 1835.
In as much as the late Charles R. S. Boyington a few hours before his execution
on Friday last Feb. 20th put into my hands a letter from you as a friend delivering
his mother’s charge to her unhappy boy, in expectation of his speedy dismissal from
earth, I know, in charge of a promise given to the poor young man communicative
to his afflicted parent through you as a friend, the mournful tiding of his death
according to the sentence of the law. I visited him repeatedly in his cell, sat with
him there for hours by night and by day—I warned him; 1 entreated him to turn
to God—to repent of his sins—and trust in Christ, whose blood cleanseth from all
guilt—and if guilty of the fearful crime for which he was condemned, to unbosom
himself to me, or to some other person in whom he might have confidence. I
solemnly promised him that if he should wish to confide anything to me, either a
confession of his guilt or anything else, it should be sacredly locked up in my bosom
ull the judgment day, unless he should authorize me to divulge it. He solemnly
asserted his innocence, and I did believe him; 1 felt for him as a poor child; I
wept for him and we wept together. On Thursday night he put into my hands a
letter very affectionately addressed to me, and still asserting his innocence of the
crime of murder. He was, 1 presume you know, entirely skeptical on the subject
of religion; he not only rejected the Gospel and denied the immortality of the
soul, but he denied the existence of God. After some interview with him, he
admitted the being of a God and seemed wavering as to the soul’s immortality;
but on every other point he remained unchanged in sentiment. On Friday morning I
again went to his cell about 10 o’clock, and continued with him until about half past
12, when the deputy sheriff came to knock off his chains and prepare him for the last
awful scene. At his request the night before I had promised to accompany him to
the scaffold, be with him to the last, and see his body covered in the grave. He
walked between me and his counsel, a most amiable man, from the jail to the
scaffold about two and a half miles. All this time he had maintained an appear-
ance of firmness. I had forewarned him that escape, resistance, pardon and reprieve
were all alike hopeless. I promised him that in the last moment I would stand by his
54. The Tree: Being the Strange Case of Charles R.S. Boyington
side—and pray for him, and that to the last I would watch his eye, and be ready
to hear should he relent or wish to speak—to confess—or to breathe or cry for
mercy; that done, I entreated him to be firm and self-possessed in his last moments.
Alas! it pains me to say his conduct at last showed clearly he had never in all
these trying scenes fully believed he must die; he certainly was buoying up his
spirits: with the hope of escape, either by passing the hour fixed for his execution
or by a reprieve—or by exciting the sympathy of the bystanders to attempt a rescue.
This is a very painful subject, but I pledged my word to write to his friends a full
statement of the case. After he had read from a defence he had prepared till the
sheriff announced the time when stop he must—I ascended the scaffold with him
and his last arrangements were made; 1 led him once more, he holding my arm up
the steps—there I once more prayed by him commending him to the mercy of
God—the vast multitude maintaining a profound silence; when done, he took my
hand—thanked me for my kindness with exceeding agitation, and asked, ‘what must
I do?’ Thinking he was relenting, I pointed to heaven, saying ‘look even now to
the Lamb of God and cry for mercy!’ I asked what is your last declaration, for in
a few moments you will be in eternity? He answered—I am innocent, but may I
not try to escape?’ I pointed out the impossibility, the madness of the attempt,
told him tf he tried, the Guards would fire and some in the crowd would be killed.
He said ‘oh, no! they won’t, I must try. Boyington (I said) I have done—I have
tried to be faithful to your soul, and now farewelll—You have been faithful’ was his
answer, ‘but I must make an effort for my life, I must;’ and as I turned to descend,
he sprang from the scaffold. The guards seized him, forced him again upon the
scaffold, and in a few moments all was over! Oh, that awful—that terrible scene!
For several nights I had scarcely any sleep—that night was a night of horrors and
agony to me at the remembrance of what 1 had witnessed! I waited, accompanied
the body to the grave, and saw it decently interred. Break this dreadful intelligence
as gently as you can to the poor mother; hardened and unchanged to the last the
poor youth was. Till the last hope of escape or rescue was gone he remained un-
moved; and then, with an expression of agony such as I have never before beheld,
he made his fruitless spring for life.
O tell the poor, desolate mother she must look to God for support, I can offer
her no consolation except what springs from a consideration of the rectitude of His
Government; to His kind support I devoutly commend her. My own feelings have
been too deeply wounded on this trying occasion to attempt offering consolation to
others. My task is now ended—poorly performed but not without emotion of
sympathy for pain I might inflict—Farewell!
WM. T. HAMILTON.
9
THE SUMMARY OF THE PHENOMENAL AND CRIMINAL COMPLEX
SIDES OF BOYINGTON
a | N EvERY angle the case of the unhappy Boyington presents some ef-
fecting and instructive lesson.‘ It very impressively shows the ruinous
y effects of a bad name. Very little was known in the South or along the
Gulf Coast of the early history of Boyington, but the little that was
known operated fearfully to his disadvantage. Had he been a young
man of industrious habits and correct morals suspicion would probably
never have reached him. He was known to be indolent, fond of pleasure,
a reveler in scenes of folly and dissipation; yet, as older Mobilians? have
stated, he was in spite of all this a literary genius, a songster, a musician,
a student and a phenomenon in truth, yet he was somewhat of a sham,
pretending to be one thing yet was another; his skepticism was also
greatly against him. For weeks he had been living in idleness, re-
fusing honest employment when offered him, and lounging around the
theatre,? the bar rooms, the resorts of gamblers, and even was seen in
the various brothels in Spanish Alley* near the river front. His debts
accumulated, his creditors were clamorous, and when, simultaneous by
the discovery of the murdered Frost, Boyington was found to have
left town suddenly and secretly, suspicion promptly fell upon him. The
follies and vices of his youth had cast a blight on his name—they had
prepared all to admit the reasonableness of suspicion in his case, and had
steeled every heart against him. Public rumor detailed, as we have seen,
many dark stories of his previous doings, and from the sea captains on
1 Suggested by the notes left by the Rev. Wm. T. Hamilton.
2Conversations with both Mrs. Sarah DeBois, the centenarian, and the venerable
J. Ogden Belknap, of Mobile.
3 Brown’s Theatre and Circus, later taken over by Noah Miller Ludlow and Sol
Smith, located at present site of Gayfer Dry Goods Co., burned about 1837.
4Spanish Alley was located between Monroe and Eslava streets and running from
Water street to the river front. It was a notorious resort and hangout of sailors
and the Manila men (fishermen and huntsmen), who fished and hunted in the
upper end or delta of Mobile Bay. Many a brawl, cutting scrape, murders and even
duels with and without the code took place in the resorts of this notorious short
street of not quite a block and a_half. This was American Mobile’s first Restricted
or Red Light District.
The Tree: Being the Strange Case of Charles R.S. Boyington
Youth looks back with a smile,
Before him lies many a mile
Of both good and ill.
But youth holds not his thought,
Nor reminds himself of
Life’s duties that must be wrought,
Nor does he know true love.
Beauty may cast its light on
A maiden’s cheek of roses;
But fickleness and deceit
Compose her many poses.
When youth is gone
And age creeps on,
Man’s life becomes a lore:
He looks back and says
“Nevermore!”
inintncr tins vaaaiiseneie a” PB IAP ENS EDA AEE RS PORN OE DR BESO sericea erase sitaseerabonsmbety eae ewe
SS = et EES — ——— a Ss
Yes, when the lightning
Strikes the tree of old,
Man stoops and bends
And strives for breath:
He may linger for a while,
But to him will surely come—
FRIENDS.
Friends are like the skies
That surround a bright star:
The star lights up the darkness
And makes the way clear and bright;
A friend while giving and loaning
Glitters with rays alluring;
But let the black clouds obscure
The star’s bright rays,
A friend’s friends drop off
And one by one they disappear;
For with few exceptions, when man’s money
Dwindles and his pockets are empty,
New friends are sought
And the old ones soon forgotten.
SR ey
SER g ere een -
The Literary Genius of Boyington
MONEY.
Money is the evil within
The palm of a man’s hand:
If it is good money
Good and well will be bought with it;
But if it is ill-gotten money
The glitter on it will tarnish
Like the man who ill-received it.
GOLD.
Gold is for shrines and temples
Where people kneel to pray:
If their prayer be good
The carats of its gold is pure,
But if their prayer be a curse
Its gold will lead to disaster.
KINDNESS AND HATE.
Kindness like hate —
Rules the heart of man;
Sometimes its softens
Into sympathy and pity; (
One thought from it
Will either give a helping hand,
Or cowardly strike to kill!
MAN AND WOMAN.
Man is like a bat
While woman is like a butterfly:
A bat is keen and soars at night,
A woman lures man
Both day and night.
THE HEART.
The heart is but a pump,
Each throb a cog
That pulls the blood back and forth:
Some hearts are kindly built
To relieve the suffering
Of the world.
The Tree: Being the Strange Case of Charles R. S. Boyington
LINES TO LIFE
Praise be to the God of the Universe!
Man’s life is but a starry sky;
It lights up in brilliance for a while,
But being mortal it must die.
Oh, once again to walk in freedom,—
Free like the swallows in the sky—
And feel not these clanking fetters
That bind me into tearful cry.
Praise be to the God of the Universe!
I shall not doubt, but wonder why;
For looking back—oh! it would be useless,
For I am mortal and must die!
City Prison, Sept., 1834.
His “The Innocent Victim,” published during January, 1835, about
a month before he was hanged, in The Mobile Merchantile Advertiser,
and signed “C. R. S. Boyington,” was highly praised by the venerable
Captain Peter F. Alba, of Mobile, who republished the poem in 1893
in The Mobile Register, after he had purchased a piece of property on
the Mobile Bay shore a few miles below Mobile a few years previous.
In cleaning up the premises he happened upon a sheet of foolscrap paper
of old make, soiled and torn, filled with poetical lines, written with a
lead pencil and dated at the City Prison in 1835, and bearing the memo-
randum “Executed in February, 1835. W. L. W.” The writer of the
lines had affixed his name as “C. R. S. Boyington,” of whose execution
at an early date Captain Alba had heard from old citizens. Captain
Alba, therefore, brought them to the editorial rooms of The Mobile
Register for republication. The paper was the original manuscript by
Boyington, as it was written in the handwriting of that early day on
both sides of the paper. Captain Alba long prized the manuscript as a
souvenir and literary find, of a murder and execution that was long
remembered by older Mobilians. The cultured Boyington considered
s Conversations with the late Erwin Ledyard, the poet and writer of Mobile, for
some years one of the editors of The Mobile Register; also for a time on The Mobile
Herald. He wrote and published in the press a great many sonnets, rondels and
vers de sociéte, all of correct metrical form and much poetical merit and beauty.
He was author of the libretto for Sigmund Sclesinger’s opera ‘“The Schoolmaster,” a
musical and poetical interpretation of The Legend of Sleepy Hollow, which had con-
siderable local success. One of Ledyard’s best composition was a poem “Light ’Midst
Darkness,” in recognition of the North’s generous help to the South in the great
yellow fever epidemic in 1878. Erwin Ledyard died Sept. 30, 1902, and is buried
in Magnolia Cemetery, Mobile. Ledyard street is named for his family.
The Literary Genius of Boyington re
himself the “innocent victim.” The W.L.W. and the note signed in the
same handwriting in later years as the difference in the inks showed,
after a thorough investigation by the writer, proved to be Major Wil-
liam L. Walthall, for a number of years one of the editorial staff of
The Mobile Register, who once lived on the Mobile Bay shore in the
exact place bought by Captain Peter Alba, and who was said to have
died in Texas several years ago.
THE INNOCENT VICTIM.
(By C. R. S. Boyington, the Condemned.)
I love the glittering scenes of life—
The world’s gay revelry!
Though brief have been my youthful days
They still are dear to me;
I love to gaze on beauty’s smile,
And kiss her tears away;
I love to hear the soft breathed words
Of thrilling poesy.
“Old nature’s wild-wood loveliness,”
The forest, hill and dell
Are so dear, without a sigh,
To breathe a last farewell. _
And still with rapture I behold ‘
Creation’s wonders, where
Each star stands glimmering in its sphere
Like islands of the air.
I love to pause and listen to
The murmuring of the sea,
The sighing breeze, the wood-bird’s note,
All nature’s mintrelsy.
And mid the haunts of early days
Doth memory fondly dwell,
And paint with varied colors bright
Each scene once known so well.
Methinks that now the merry laugh
Of schoolmates I can hear;
Each friendly voice of memory seems
Stull ringing in my ear;
E’er now I see each maiden’s blush,
Each smile of artless joy,
Each feature that I gazed upon
A happy thoughtless joy.
76 The Tree: Being the Strange Case of Charles R.S. Boyington
And ah! how true remembrance paints
One dear loved object there—
The bright eye, the lily cheek,
The rosebud in her hair.
Be still my heart—remembrance soon
Will sketch less faithfully,
And death the thrilling tumult hush
Through all eternity.
But oh! most sadly dear is still
My mother’s parting sigh,
Her last fond kiss, her soft embrace,
The bright tear in her eye;
And e’er till death will on my mind
Her words prophetic dwell:
“We may not meet again, my boy;
God bless thee—fare thee well!”
Yet though my mind calls up the past
To cheer the future view,
Soon must the world, the loved of life
Receive my last adieu.
The fearful words have been pronounced
That seal my earthly doom,
And with the spring’s first flower will fade
My form within the tomb.
Before the destined day arrives
The anxious world will see
One effort for my absent friends,
One for my memory.
If I succeed, then I can say
With cheerful ecstacy,
“Oh death! where is thy sting? O grave!
Where is thy victory?”
fobile City Prison, 1835.
“Executed February 1835,
W. L. W.
In reading the above poem to the blind poet of Mobile, the late
Thomas Cooper DeLeon, while acting as his amanuensis, he drew at-
tention to the fact that the poem has a “touch in resemblance” to Gray’s
“Elegy,” and some of its lines have Gray’s cadence and swing.
=
The Literary Genius of Boyington 77
The following “Jewels and Thoughts,” as Boyington calls them,
show in some respect, that in his worried state of mind in the city
prison he failed to rewrite and polish them, and the versification is
not quite the same as some of his other productions. However, the
thought contained in them supercedes their defects. From shortly after
the hanging of Boyington up to even following the Civil War, it was
the custom in Mobile among the younger folk for a young man or
beau to write in his lady friend’s autograph album “a thought or two
from Boyington.”?
JEWELS AND THOUGHTS
I found a jewel
Shaped like a twenty-point Star,
And in its center
A diamond shone with rare light
From afar.
On each point I read
A thought engraved thereon,
And as I held it up
Brighter and brighter it shone,
Until a voice
Came to me through the air,
And I answered back
“Ho there! Ho there! Ho there!”
MAN.
Man is mortal and must die,
His is a gay laugh or sad sigh;
Man is like a bird,
His life is written in one word.
The good that man does in life
Comes out of labor, love and strife.
Earthly man can be
A jewel to life like a bee.
YOUTH AND AGE.
A little child in its innocence
Knows not this world immense.
Determined youth, older people say,
Will remain young and strong alway,
Yet in the end must pay.
® Conversations with older Mobilians.
80
The Tree: Being the Strange Case of Charles R. S. Boyington
THE SOUL.
If a man has a soul
The soul is the innerside
Of the shell they call his body;
And when nature calls him
From the ranks of other men,
Nature takes his soul in tow
And passes it out
Among the birds and flowers.
SHYLOCK.
Every man in this life
_ At one time or other
Has played Shylock:
Some Shylocks cheat the even scales,
While others lose the scales
Both weights and measures.
Charles R. S. Boyington.
City Prison, Sept. 20, 1834.
FOR MY TOMB.‘
Though cold be the earth and stone
Placed over of me what remains;
But there is but one true thought,
The earth and stone here has no stains!
The sleep here may be long
And only peace to while the hours;
My life was as a song,
I am not here but among the flow’rs!
Fair Lady, at your gate I’m standing,
Waiting a chance to see you, love;
The air is sweet, the road is still,
And I hear only the cocing dove.
The moon peeps o’er the tree-tops,
And grins and smiles as he looks down;
Your lattice window opens wide,
And on your head you wear a crown!
10 See Love Letters.
The Literary Genius of Boyington 81
Mrs. DeBois said the title and other verses of this impromptu song
were never learned. The above lines from his love letter were meant,
she said, for two verses instead of together as one.
A notice published in The Mobile Mercantile Advertiser of Satur-
day, January 3rd, 1835, gives the following:
FOR THE MERCANTILE ADVERTISER
Mr. Editor,—I observed in your paper a few days since a poetical
article entitled “The Sentenced,’ and have been informed that many,
from the fact of my being ‘sentenced,’ also think it the production of
_ my pen. It is true, the family connection of that supposed writer were
very different from mine, but as many of your readers may not be
aware of that fact as the article was published without credit, more
especially, as it contains acknowledgements of guilt that I never have
made, nor shall make,—I would be obliged if you would publish this
note, or such other corrections as justice may prompt.
Yours respectfully,
Mobile City Prison, Jan. 2, 1835. C. R. S. Boyington.
Note.—The piece alluded to the above we copied from the Country
Edition of the New York Star, where it was published without credit.
(Ed. Mer. Adv.)
THE SENTENCED.
They say the blest spring is here
With all her buds and flowers;
With singing birds and fountains clear,
Soft winds and sunny hours;
They say the earth looks new and bright,
That o’er the azure sky
The very clouds are fringed with light
And gaily floating by.
They tell me nature’s full of life,
And man, of hope and joy; .
But ah! not so, my widowed wife,
My more than orphan boy!
For smiling nature cannot give
Such innocence as theirs
To me; nor can she bid me life
In answer to their prayers.
86 The Tree: Being the Strange Case of Charles R.S. Boyington
than century-old live oaks still stands today. Another place of meeting,
said Mrs. DeBois, was at the beginning of Bayou Marmotte” near Broad
and Government Streets “under the wateroaks.”
=
Dear Mademoiselle Rose,
We met last night for the first time, and I cannot express to
you what pleasure this meeting gave me. I cannot recall an eve-
ning spent so joyously. Every one at the ball seemed so courteous
and friendly to me. Even as I slept like an angel you came to me
in my dream. I can hear now the rustle of your silk dress, as
like an agile gazelle your graceful step pranced o’er the ball room
floor until I felt like I was on the greensward surrounding Ti-
tania’s flowery throne; and I, like Oberon, bowed to your every
wish and crowned your brow with rosebuds. Yes, yes, you were
beautiful, and I can say with Shakespeare,
‘She’s not forward, but modest as the dove:
She’s not hot, but temperate as the morn.’
‘She’s beautiful, and therefore to be wooed;
She is a woman, therefore to be won.’
Your sweet song of the snow birds, in your clear, sweet so-
prano voice, reminded me of the long snows back home in Con-
necticut and the gay young folks as they slid o’er the ice in even
time, and the sleigh bells tingling their merry sounds along the
country roads, echoing and re-echoing through the woods. The
song brought into my heart memories I left behind. But I have
met you, and happiness is now again with me.
I long for the next opportunity to play for you to sing, each
strain and note of your song brought thrills into my very soul,
ing for school in an unfinished state in the fall of that same year, the first principal
being the son of the Rev. Wm. T. Hamilton of this compilation, and the father of
the late Peter Joseph Hamilton, the Mobile historian and judician, author of Colonial
Mobile, Mobile of the Five Flags, etc. The architects and builders of Barton Academy
weer also the builders of the New Orleans Court House; however, James, the Mobile
architect of note, was hired for certain work pertaining to the plans.
7 This stream was one of two sources of Bayou Marmotte. Under supervision of the
first official engineer of Mobile, Colonel Charles Louis DeLage, who drew his well
known map (1835-36), and extended the city limits, this stream was made the
north main drain of the city. The course of this drain followed the course of the
bayou from Government north on Broad, thence east on St. Louis street, thence
north on Wilkinson street (now Washington Ave.) to the main stream of Bayou
Marmotte, which ran into Mobile River, forming part of the water surrounding
Farmer’s Island, where the present massive Alabama State Docks are built. Bayou
Marmotte was often referred to as “One Mile Creek’ as to distance from the heart
of Mobile and the Court House.
Love Letters of Charles R. S. Boyington and Rose de Fleur — 87
and my heart swelled and throbbed as I held your arm and hand
in mine as we danced and bowed in the graceful minuet.
I am awaiting with impatience the time when I will be per-
mitted to see you again and sit and talk with you in the moon-
light, or stroll with you through the pleasant and flowery fields
and woods around Mobile. We'll sit and listen to the birds as they
flit from bough to bough with sweet song.
O, that this pleasure will be soon again, my lovely Rose! and
until that moment the waiting will seem a hundred years or
more. Until then, sweet Rose, I remain
Your ardent admirer,
BOYINGTON.
Mobile, Dec. 6, 1833.
Mrs. Sara DeBois said from every appearance the above letter—the
first—showed that Boyington had fallen in love at first sight. This
first letter was evidence enough. She also stated the “Snow Bird’s Song”
was a short, popular song with sweet and catchy music of the latter
1820’s and during the 1830’s in Mobile. It had been composed, she said,
by the son of a New England emigrant, who came with his family to
settle in Mobile in 1820. It was the custom in those days, too, at balls
for the young people to band together around the piano or the orchestra
and sing songs of the day. Three of the short verses of this song were
as follows:
“THE SNOW BIRD’S SONG.
“Oh, the Snow Bird! Oh, the Snow Bird!
It’s crowned with flakes of snow;
It flits here, it flits there,
And every where you go!
“Tt sings of love! It sings of love!
Then press your heart to mine;
My darling! My darling!
My love in you I find!
“Oh, the Snow Bird! Oh, the Snow Bird!
His heart is true and kind;
He whispered in my ear and said,
‘We must our hearts combine!’ ”
Mrs. DeBois said that those attending the ball* the night Boyington
_met Rose de Fleur were all elated, and that the former was the talk
8 Mrs. DeBois attended this ball.
Eien
athe
6 a rsa
88 The Tree: Being the Strange Case of Charles R. S. Boyington
of the ball room and even the town. His wit, his superintellect, and
polite manners as well as his rare personality was a drawing card; and
the young ladies attending were jealous of Rose de Fleur. She also said
Boyington performed equally as well on the harpe and mandolin and
lute as he did on the harpsichord. On this first night, Mrs. DeBois
stated, he and Rose led every dance, and Rose having fallen in love
with him declined the attention of the other men attending, when they
approached her for a dance. Her dress on this occasion was “a be-
spangled ivory silk with empire waist and trimmed in blue imported
lace, and in her nut-brown hair she wore a winter-rose.”®
Dear Mr, Boyington,
Your letter was handed to me to-day by my cousin, Mademoi-
selle Marie Justin, who received it from the postcarrier. Kindly
do not post any more letters, send them if you can. I will ex-
plain my reasons for this request. You are flattering me; how-
ever, I am glad the ‘Snow Bird’s Song’ pleased you; but I am
equally charmed with your playing the harpsichord and the lute.
Madame Caro played her operatic selections with ease and charm.
I am told by Madamoiselle Justin, who has conversed with Cap-
tain William George, that you equally perform on the mandolin
and harp as you do on the lute. You cannot call to see me until
I tell you, as I must confess to you my father is opposed to my
receiving company, and has appointed my cousin Madamoiselle
Justin as duenna, so when we meet again alone I will appoint the
place and let you know by the slave boy. However, my cousin
has consented to chaperone several friends for a party to go into
the woods on Monday evening to gather nuts and wild flowers,
and she has permitted me to ask you to join us, since she will be
with us.
Do not think ill of what I write in regards to our meeting
each other. I will further explain.
‘Hope is a lover’s staff; we walk hence with that,
And manage it against despairing thought.’
Until we meet again.
Mobile, Dec. 7th, 1833. ROSE.
® Conversations with Mrs. Sarah DeBois.
10 This Madame Caro was a member of the colonial family of Mobile, Pensacola and
New Orleans.
11 Shakespeare.
Love Letters of Charles R. S. Boyington and Rose de Fleur 89
—II.—
Dear Mademoiselle Rose,
First, may I address you ‘Rosa, my dear,’ in my future notes?
I once had a tutor and music teacher, whose name was Rosa, and
who liked to scold, but this was when I was a little boy.
I will meet you after Mass at the Church,'2 and then we will
walk to your friend Barbara’s home, where I have been invited
to dinner. This route will evade your father; and if he attends
the same Mass, we will go a new route. I do not like to go to
church, and have never been in a Catholic church.
I am looking forward to the ball at Christmas, and as well
to the festival of the winter-flowers by the Catholic Ladies’ Be-
nevolent Society.'® This festival and ball will be given at the Ala-
bama Hotel.
I am beginning to find Mobile a nice place in winter. The
weather here is very mild, and is like the summers back home
in New England; however, I find it very damp in rainy weather.
What I like about Mobile is the friendliness of the people and
their hospitality. The scenery here is green all winter and so
pleasing for walks in the woods and for comfort. Back home I
would be wrapped in heavy clothes.
The day I arrived in Mobile on the packet Cahaba there was
a great excitement on the levee among the negro slaves and levee
workers and seamen. I learned from several of their masters and
12 Bishop Michael Portier, the first bishop of Mobile, had as his Cathedral a small
temporary church, about 13 by 30 feet, built in the center of the remaining tombs
and headstones in the old Spanish Burying Grounds (Santo Campo), which is the
present site of the present imposing Cathedral. The old Church of the Immaculate
Conception having burned in 1827, and on Bishop Portier becoming bishop of
Mobile, this temporary Cathedral was a necessity. However, a new Cathedral build-
ing was erected in 1835 on the southwest corner of Conti and Claiborne streets,
which was used during the middle 1850’s as a German Jesuit Church with priests
attending from Spring Hill College until the arrival of Father Peter Imsand, S.J.,
from Jesuit persecutions in Europe to take charge and start the building of a new
Jesuit Church. The old or second Cathedral was turned over to the care of the
Sisters of Charity, who conducted an orphanage and school adjoining this building.
The new or present Cathedral of the Immaculate Conception was dedicated and
opened in 1850 in an unfinished state for services, and nine years later, in 1859,
Bishop Portier died.
1s From 1820 to 1840 Madame Charles Louis DeLage served as president and held
other offices in the first Catholic benevolent society of American Mobile.
‘4From earliest American times Mobile has been noted for her mild climate, her
clannishness and Southern hospitality, and has been called “the friendly city of
beautiful trees and flowers like her beautiful women.”
1]
LOVE LETTERS OF CHARLES R. S. BOYINGTON AND ROSE DE FLEUR
; HE oRIGINAL of these love letters, which are only a few of the
many he wrote to Rose de Fleur and the two to his friend
Nathaniel Frost, were owned by Mrs. Sarah DeBois, the Mobile cen-
tenarian and the first matron of the Mobile City Hospital,' and at her
death were inherited by her daughter, the late Mrs. Eliza DeBois Haley,
who in turn left them to her grandson, the present Mr. James Haley,?
of Mobile. Mr. Haley on inheriting the property of his grandmother in
removing everything from the place in lieu of tearing the old home
down, and to curb the youthful vandalism of the neighborhood, threw
a great many things down the well, including his great-grandmother’s
as well as his grandmother’s scrapbooks. The well was then filled in
with dirt and the top boarded even with the ground. (This spot con-
taining historical treasures pertaining to Boyington could be made into
a spot of historic notice. In one of the former’s valuable scrapbooks were
these Boyington-de Fleur love letters and other valuable Boyington
notes. However, the writer is thankful to have had the privilege of
copying them during the latter years of Mrs. Sarah DeBois’ lifetime,
when he spent many hours at her home in conversation with this learned
lady and family friend, who was considered by older Mobilians a great
authority on Mobile’s history of the past, and who met every celebrity
who ever came to Mobile during her lifetime. She stated the letters
came to her through the Justin family, the relatives of the mother of
Rose de Fleur. They had previously been each nicely folded into a
square to form an envelope and neatly addressed, after the custom of
writing and mailing letters of that early day before stamps were in-
troduced.
Both Boyington and Rose de Fleur were well versed in Shakespeare,
said Mrs. DeBois, which their letters show, and that Rose for a time
as a child played in Shakespeare in the theatre in Paris.
1 The City Hospital of Mobile was built and opened for patients in 1830, replacing
the previous Spanish Royal Hospital (built following 1780), at the northeast corner
of Dauphin and Conception streets, which, from 1813 and 1830, hospitalized the first
Americans into Mobile.
2 Mr. James Haley is at present a valuable member of the Mobile Police Force.
Love Letters of Charles R. S. Boyington and Rose de Fleur — 85
As the writer remembers the handwriting of Boyington was a clear
medium handwriting, a style without flourishes, while that of Rose
de Fleur was small with some flourishes and had the appearance of
being cramped. These letters were tear-spotted or stained in places (salt
spots), which Mrs. DeBois said were stained by the tears of Rose de
Fleur, when she would take them from her Pandora Box? and brood
over the fate of her late lover. As the writer remembers some of these
letters between the folds still contained pressed flowers and leaves, a
custom used by young lovers and friends for centuries.
Mrs DeBois also stated, that Boyington and Rose de Fleur during
“their walks to the woods were like two children skylarking along the
embankments on the sides of the many brooks and creeks coursing the
woodland suburbs of Mobile, or chasing butterflies and gathering wild-
flowers. It was the custom, my venerable authority stated, for the older
children and young men and women of Mobile of those early Ameri-
can days,* when chasing a butterfly the one to catch the insect first
would make a crown of leaves (if in the fall or winter months, it would
be one of golden leaves from sprays of vines turned to gold), and place
the butterfly at the front of the crown. This done, the prettiest girl in
the crowd or group was crowned with a kiss. If in spring or summer,
when nature is all a-bloom and green, the loveliest flowers were used
for the crown.
It was also another custom, said Mrs. DeBois, for the young man
to pin roses on the fold of his sweetheart’s dress, and when finished
give her a kiss for each rose he had pinned.
These refined customs passed to the succeeding generations and even
to this day as folklore. It was also the custom for the younger people
in those early times, when standing or strolling in the moonlight to
count the stars or make wishes on certain ones, or locate the dipper or
other constellation and name them. If a star fell while counting them it
brought good luck to earth, while on the other hand, the superstitious
declared a death would soon be announced in the neighborhood.
As to the locations of the meeting places? of Boyington and Rose de
Fleur one of them was under the large oaks on the St. Lawrence Street
(now Lawrence Street) side of the property now occupied by Barton
Academy,*® the mother seat of education in Alabama. One of these more
3 A Pandora Box in those early American times in Mobile was a carved rose-wood
or ivory-paneled box, large enough to hold letters and writing material. These boxes
were also used to hold odorous shrubs and crushed flowers, fragrant herbs, wild nuts
soaked in cologne, face powder, handkerchiefs, as well as ladies’ toilette dainties, etc.
4 Conversations with Mrs. Sarah DeBois.
= Verified by the late venerable J. Ogden Belknap of Mobile.
6 Barton Academy was in the building during the winter and spring of 1835, open-
eb ei igs MDs ee ae
=o
82
The Tree: Being the Strange Case of Charles R.S. Boyington
Beyond my dismal prison bars
The coy night air steals by;
And but a few pale trembling stars
Will greet my guilty eye.
Ere thrice the rising moon shall spread
Her mantle o’er the wave,
I shall be numbered with the dead
And fill a felon’s grave.
To thee, alas! my noble son,
I leave a withered name—
A life, for all thy sire hath done
Of bitter, blighting shame!
And thou to whom I gave a love
More pure, and warm, and free,
Than e’er I placed on ought above—
What do I leave to thee?
A bleeding heart that cannot make
Its throbbing pulses cease
That ever swells, but will not break—
A bosom robbed of peace!
A world all filled with prison gloom
By memory’s cruel power:
Thou'lt smell the dungeon in the bloom
Of every vernal flower.
A pall will hang beside the way,
Where e’er thy feet may go,
Upon the brightest path to lay
A shade of death and woe.
I leave thee as a tender vine
That felt the tempest rush,
And fell, with naught whereon to twine,
For every foot to crush!
These thoughts resistless, while I live,
Will careless anguish bring,
And in the last, sad moment give
To death a double sting.
From them, O Heaven! I turn to thee,
The sinner’s friend to seek—
If thou has pardoning grace for me,
O God! my pardon speak.
a
The Literary Genius of Boyington 83
Thy spirit in the still small voice,
O, send with peace to mine;
And let this trembling soul rejoice
In being sealed as Thine!
Then through the world’s dark wilderness,
Be thou the Widow’s friend,
And let thy smile her visions bless,
Till life’s sad journey end!
On February 23, 1835, following the hanging of Boyington, this
Notice was published in The Mobile Mercantile Advertiser:
BOYINGTON’S ARREST, TRIAL AND CONDEMNA-
TION, as written by himself, has just been issued from the press
in this city, and will, we understand, be offered for sale this
morning at all the Book Stores in the place. This pamphlet com-
prised in forty pages has been published in compliance with Boy-
ington’s own request. Its purpose will be sufficiently explained
in the perusal of the work. It may not be amiss to say, in addi-
tion to the request he made, that these productions of his pen
while in prison and under the expectation of an ignominious
death, should be made public, this request was accompanied with
a wish that the proceeds arising from the sale of the book, over
and above expenses, should be forwarded to his mother aa? sis-
ter. At the end of the pamphlet are appended several fugitive
pieces in verse, also the production of Boyington’ s pen. One or two
of these poetical morceaus"' have been copied into various papers
throughout the country, accompanied with notices of a peculiarly
flattering character.
The edition that has been published is not large, and those
who are desirous of availing themselves of a copy will do well
to call early at the Book Stores. The price we understand will
be fixed at 50 cents.
1tAs spelled in the notice; the plural here is used with an “s” instead of the usual
French “x”,
92. The Tree: Being the Strange Case of Charles R. S. Boyington
coat with large black buttons; a new satin Florentine stock of a
salmon and pale blue color, and a new black silk hat, and black
imported boots of horse leather with white buttons. These goods
came recently by the packet Cahaba on which I arrived in Mobile;
however, recently the packet Elisha Denison has arrived and also
brought me some money from my mother.
These new clothes will serve me through the winter months
here. When I first put them on, it is you, dear Rose,—or may |
call you ‘Rosa, my dear?’,—who will observe them.
This evening I walked along the levee and visited some of
the lighter deep water packets; I was a sailor for a year, you
know. I met a friend on board of one of them I used to attend
school with back home in Connecticut. He has been to the West
Indies, to Jamaica and Cuba. He brought with him several silk
mantillas. He has given me a very beautiful and exquisite yel-
low and black one for you; so Monday when you go for your
daily visit to church, I will send it to you with this letter by Messrs.
Pollard & Dade’s negro delivery boy. It will be wrapped in a
plain yellow paper box. The negro boy will put them in the third
pew at 2 o'clock.
It must be a wondrous sight to go down to the lower bay"?
and watch the workers load the deep water vessels with cotton
and other freight from the barges carried down by the baymen.
My heart swells up in throbs of love for thee, sweet Rose, and
like a lovely flower I shall see you in my dreams tonight.
Look for me at the close of the Mass services. I will be wait-
ing at the corner of Franklin and Conti Streets, and I will leave
you at Barbara’s home.
Until Sunday after Mass.
Mobile, Dec. 9th, 1833. BOYINGTON.
ous saloon in Lawrence’s building on Royal street. On moving from the old noted
Shakespeare The Mobile Register gives this note: “To his numerous friends, who
have become familiar with his genial face behind the bar of the old Shakespeare,
it will not be necessary to say that he always has for them the same cordial greet-
ing. To all others—if there be any who are not his friends—it may be proper to
add that Johnny Powers, at the old Shakespeare on St. Francis street, kept a saloon
noted for its hospitality and good cheer.”
19 The heavier deep water vessels coming to Mobile after the Americans took reins
were all loaded from barges in the lower Mobile Bay by baymen and slaves, because
of no deep channel cut in the middle upper bay and through Choctaw Pass and the
river itself to allow entry to the city levees. The still heavier deep water vessels
were anchored off Portersville at the extreme end of the county, and also at Pas-
cagoula. The stagecoach ran out of Mobile to both these places loaded with both
freight and passengers; however, heavy freight and cotton was carried down by
both horse and oxen teams. Hence the early title given these two watering ports—
“the two ports of Mobile for deep water vessels.”
Love Letters of Charles R. S. Boyingtén and Rose de Fleur ‘93
Dear Robert,
I learn you have an ‘R’ in your name. This must be for Robert.
Then I will call you Robert in the future. I once had a little
brother named Robert Henri de Fleur, who is buried back in
France.
Your long letter and the exquisite mantilla was waiting for
me in the usual seat at church, also the box of bon-bons. I haven't
shown the mantilla to Mademoiselle Justin as yet, and only my
slave woman Delphine has seen it. The loveliness of the yellow
color has attracted her very strongly, and she like an African
queen, (which she says she was before being brought to America
by a slave ship and sold on the block) has begged me to put it
around her shoulders, which, to please her, I have done. Slaves
like Indians, I find, are easily attracted to bright colors. Then to
please her again I put it around my own shoulders, and put in
my hair a long black plume, took my fan and opened it with a
bow. I told her I was the Empress Josephine receiving Napoleon
on his return from the battlefield. In her African manner she was
very pleased and delighted.
I will stop writing, as Mademoiselle Justin is coming. Good-
bye for now until we meet again.
Mobile, Dec. 10, 1833. ROSE.
—IiT.— :
Rose, My dear,
Last night was lonely, after not seeing you at the appointed
place for a whole two days. If the rain had not come up and
the chilly wind, I had planned an oyster gumbo and wild duck
supper for you and Mr. Frost at La Tourette’s noted eating house
on Water and Conti Streets. I am told it is a famous restaurant
for every thing good to eat. His bill o’ fare says he has adopted
all the noted dishes served to the great Bienville at Fort Louis
by his housekeeper and cousin, Madame Langlois. If you will
please your Robert, you will wear the mantilla and your Jose-
phine bonnet with the big long plumes you wore to church last
Sunday.
Here I am writing to you as though you were miles away,
and not right here near me in Mobile .. . Will we always have
to meet by chance or appointment? The big oak tree will be
telling our secrets, which the world must know: sooner or later.
When I fail to see you, I am grieved and cannot rest at night.
I only wish we could be together every day and night, yes, every
moment.
Ai Ona RRA OOP NSN ANION“ csemneeanebommunensenananenianssantiainal
reanertnreemnenneeneinter ener
” reeuncosetnie tne Atte gna ai
96 The Tree: Being the Strange Case of Charles R. S. Boyington
evening. It is short and concise in form. Sometimes I think if I
didn’t have your love, Rose, My dear, and your companionship, I
would return to Connecticut never more to roam.
‘Friendship is constant in all things
Save in the office and affairs of love:
Therefore all hearts in love use their own tongues;
Let every eye negotiate for itself
And trust no agent.’
On next Friday Mr. Frost and myself and a few printer
friends have been invited by Monsieur Baudin to his habitation
on Grosse Pointe,?* where his famliy’s slave, Yellow Jack, will
relate to us the battle of Mobile Bay, which was fought in 1812
with the British. This slave, he said, has long been set free, and
was married to Hortense a slave woman he purchased himself
and set her also free. Mon Baudin says he will take us to Pasca-
goula sometime in his covered wagon to hear the singing waters
of the bayous. Three days, Rose, my dear, on this trip will seem
like ages. Monsieur Baudin will take us to his habitation via the
26 From the notes left by the late venerable J. J. Delchamps, I give here the truc
story of Grosse Pointe, or Mon Louis Island, at the extreme southeast end of
Mobile County. This island was ceded in 1713 to Alexandre Baudin, and was cor-
rectly bounded and styled Grosse Pointe. The property descended to Alexandre’s
only son, Louis Baudin, and his mother was accustomed to speak of it as “Lisle de
mon Louis,” that is, “My Louis’ Island,” and so Grosse Pointe came to be called
generally “Mon Louis Island,” which name it bears today. This island is located
some eighteen miles south of Mobile, and is a triangle; the perpendicular about
eleven miles on Mobile Bay, the base about four miles on Mississippi Sound, the
hypotenuse formed by East Fowl River flowing into Mobile Bay and West Fowl
River (or Bayou) flowing into the Sound, the two connected by a channel about
a mile long about ten or twelve feet wide, and varying in depth from four inches
to four feet, according to the tide. The channel called the Narrows and the two
Rivers separating it from the mainland or southeast part of Mobile County. It con-
tains approximately 14,600 acres, a third of which is pine. It is generally rolling,
and several feet above the level of Mobile City, or Port.
Maximilien Colin (not Collin or Collins, as some of his descendants wish to
call themselves, or were taught by teachers ignorant of the French tongue) was a
slave in the Baudin family and in their service lived at times in Baldwin County
at the Fish River and Weeks Bay district, at others in Mobile town and his master’s
habitation. Being manumitted at the deah of Louis Baudin, he purchased Hortense,
who afterwards became his wife. Maximilien Colin settled on Mon Louis Island
and bought the undivided shares of the eight children and heirs of Louis Baudin.
His habitation was known as “Jack’s Bluff,” given it from the name he was better
known by old citizens, by whom he was universally esteemed. This soubriquet of
“Yellow Jack” was given him by the United States officers, who had their quarters
at his farm or habitation on Mon Louis Island during the War of 1812, and which
he bore to his death on February 13, 1870, claiming 110 years. Hortense his wife
also lived to the century mark dying at 105 years.
sso xncares mei
Love Letters of Charles R. S. Boyington and Rose de Fleur — 97
old Indian Trail and road. I am told Grosse Pointe, or as Mon-
sieur Baudin called it Mon Louis Island, is beautiful the whole
year around.?7 It is also rich in history as well, and full of wild
game and turkeys.
- We will meet at 3 o’clock at the usual place.
As ever,
Mobile, January 3, 1834 ROBERT.
Dear Robert,
I will be waiting promptly at the usual place. I will bring
the heavy shawl, the woolen scarf, and my high shoes. We should
say, however, in opposition with Shakespeare in regards to this
trip to the woods, because the woods are very damp from the
late rains,
‘This is very mid winter madness.’28
I will be prompt, dear Robert.
Lovingly
Mobile, Jan. 4th, 1834 ROSE.
. . —V.—
Rose, My Dear,
I have always dreamed of the lovely and exotic flowers of
Brazil and the Indies, where my mother had a relative residing
for many years. He would send back to New England by the
ships that came that way the seeds of these lovély flowers, but
the cold climate killed them down soon after they had sprouted
for several weeks. My mother would describe them to us after
our cousin’s letter would arrive. To-day I saw the first blossoms
of the lovely azalea flowers growing extensively in Mobile. They
were in three clusters of pink and white and reddish purple.?9
The white I am told does not thrive as well as the other two
colors. They are cultivated with a rich loam of leaves packed or
spread wet around the bush’s roots. These lovely flowers were
brought to Messrs. Pollard & Dade’s printing office by a gentle-
man, who was introduced to Mr. Frost and myself as Mr. Miguel
27 The finest Creole oranges ever raised in the Gulf section of the vast province
of Louisiana was on Mon Louis Island and the other parts of the lower end of
Mobile County. Thcir cultivation was begun at an early date after the present site
of Mobile was founded in 1711 by Bienville, and later were introduced into other
parts of the Province of Louisiana.
28 In Shakespeare’s Twelth Night the line referred to here by Rose de Fleur is “This
is very midsummer madness.”
29 Magenta color.
Se ee :
! t
i The Tree: Being the Strange Case of Charles R. S. Boyington Love Letters of Charles R. S. Boyington and Rose de Fleur 9
| rerseers, that the night before there had been a ‘rain of stars.’ the beautiful ball room at the Alabama Hotel, which will be a
| The sigeraitioes negroes believed the world was coming to an charm-place, lit as with a million candles or sperm oil lamps, to
end and ran amuck. Their masters were having a hard time to dance by. The custom of using silver and red fires‘? will be then
et them to work fast. I only wish I had arrived the day before, . abandoned, to display to the eye of the spectator the beauty of the
| a I could have seen this great phenomena of the firmament. Some dancers’ dresses and their jewels and the dance in its full rythmic
i of the slaves said there were blue and red and yellow stars all sway and movements. ; a3
| ; LI have been a pleasing sight to one’s eyes. I am buying a new suit of clothes at St. John, Price & Co.
q| a-fire as they fe . it must have Pp % : k : Oxf. d ixed 1] h
{| I have a friend in delicate health, who works in the same print- The coat is a Jackson coat and is a green and Oxfor mixed cloth,
| ing office as I do, and we have taken several long walks together the pantaloons are of a striped, corded mixed color with light
H me e the ue ard and to the new gas works, recently estab- cord, while the vest is a Florentine of an ivory color, dotted with
1 lished 5 Men hanes H. Caldwell, an English actor, who came . tiny fleur-de-lys designs some distance apart with blue buttons to
| 5 rR re year for the. first dine €o e@lablish sameé ‘In the match. o nom John oe & rae e No. 6 Dauphin Street
| a <5 : ite The Shakespeare,'® I have bought a new Petersham over-
Ki printing office it is reported that he is a a actor ural Opposi a speare, & sham over
1 performed in England. He came fo New aoe mee ex | Mobile from the Spanish, the oil lamps were in general use. At the first official
| ing players in 1819. In 1827 he established the first Een Ole theatre in American Mobile, corner of Theatre and Royal streets, built by Noah
the South in that city, just outside his American Theatre in Camp Miller Ludlow, footlight candles were used. There was also separate stalls or gallery
i ‘o£ : ine , was for the for the mix-blooded negroes and slaves. Theatre Street took its name from this
1 S Of rse, this first gas lighting adventure
iT hai esa is t M bile for the first time first official theatre of Mobile, which was burned in 1827, fully five years before
i _ lighting of his theatre. Now he CORIES 40 NCD! lights if James H. Caldwell made his first visit to Mobile to found his gas plant, which was
| for the same purpose. Mobile will soon have gas street lights 1 first put in charge of his three sons, and on William Shakespeare Caldwell assuming
his plans succeed. The Theatre'* will have them also, as well as the management of his new plant in the middle Northwest, his other two sons,
Edward and James, assumed charge of the Mobile plant on Marmotte and Stone
ae : : November, 1833. . . . The late streets (the latter street was changed at Civil War times in honor of the president
i a al —e aren Laat fe ie Daniel Geary, of Mobile, were of the Confederacy). After the elder Caldwell started his Mobile plant (1833), gas
1 —_ pe ion et ‘th ees of Madame Pillette, at the northwest corner of lights were only used by a few, but during the latter 1830’s the iron posts for gas
ad se vciniment es ts (then considered out in the country), to partake of a lights were installed on certain of the downtown street corners, and by Civil War
ae Ann and Governinient st a ranberry) mate by their hostess, Madame Pillette, when times the entire downtown Mobile was lighted by gas, as well as a great many of
Aen 2 ge aoe a a “ha tees as it were, in the sky, and the slaves ran the homes of Mobile. Long before the Civil War the small gas cookie stoves had
‘ | Ht ° the stars began e a h ree Pillette was eid by the older Mobilians to been in use. However, some of the poorer white families and in the negro sections
ay sinc, = ra -_ ‘ert ple maker in the South. Here in her fashionable the candle and the oil lamp was still used up to the introduction of the electric
Hi pave > — erage het slaves, her many friends were invited to partake light during the 1880's.
Wy ae ce! een h senate in those early American days in Mobile for older 17 The custom of using silver and redfire in the early ballrooms was adopted from
Wy) - =a Peery ee seas “Well, it is cranberry pie time, the packet (or packets) the theatre. This “fire” (of sulphur ingredient) was generally burned during the
: | i iad eon pasa on ake 4 goodly supply of cranberries. So Madame Pillette tableaux parts or closing of certain scenes of the old-time dramas, operas, fantasies
Hil val ; oe eae Tableticda tm Hex-ddiriacs pie feasts.” and fantasmas. This custom was also adopted for use in illuminating the mystic
| “ eo hei ag ae of the two Mobile sites, often discussed in every circle in floats of the first Mardi Gras (1704-1846), Feast of St. Louis; 1711-1949, Shrove
iI Rea: pdms ea the following order: 1702-1710, previously at the first Mobile Tuesday) and New Year (1830-1880) carnival celebrations in Mobile, Mother of
| at 27 Mile Hilf on Mobile Rive, was candles brought from France, candles made Mystics. — - | :
I : vax myrtle berries, pine-knot fires at the fort’s entrance and at cer- 8 The Shakespeare was the great drinking and dining house of early American
from ie seca th ca mall Mobile streets, similar to the method used by the Mobile before the Civil War. Here the best meal, according to older Mobilians, in
i oe iia -. i ° de the colonists. These fires were built in open iron the universe could be had and the wines and liqueurs were the equal of those that
i Indians ee he eh th candles were sed and the settlers in their homes used were placed before the great Louis XIV, who partook of the first “gumbo” (also
Vik sine bashers, oe . 1 also candlesticks as well and sperm wicks. (2) 1711-1763.— spelt “kambo” by the Indians) made from the original recipe adopted by the noted
| a 5 was sed t the second or present site of Mobile. (3).—1763- Madame Langlois from the Choctaw Indians, the cousin of Bienville’s mother, and
i The oe reach b io overnors of Mobile, lamp posts with sperm oil the mother of “Fifise” (Michel) Langlois, the first naturalist of the Province of
| hanes — cr ners and in front on the sides of Fort Charlotte. In Louisiana, and who introduced the beautiful azalea flower into Mobile in 1754.
fanips were ‘seco. ones shales were still used as in the French days. (4) The Shakespeare remained a noted rendezvous of good eating and drinking for the
qi the Church and the ah tear conquering Mobile from the British at first used elite and aristocratic of Mobile; but the Civil War coming on. its women patronage
iil hile epee The B itish to light with until toward 1800, the sperm oil lamp dwindled, and the place became almost a man’s saloon until November 4th, 1871,
| ae See ace n “ geacial use. (5) 1813-1880’s—After the Americans took when Johnny Powers its proprietor for many years removed to his new and sumpti-
and can 4 ‘
Se RR AT SR ENS RTE OR RRS ETT ER OE Sa ee oe egpm nae
ne ee coos
94 The Tree: Being the Strange Case of Charles R. S. Boyington
Last night the moon was large and cold, and the whole town
seemed so quiet. Mr. Frost and I walked past your house. I only
hoped to get a glimpse of you, but we saw not a candle light, and
even the light on the gate post was not lit, and the slave quar-
ters were dark. I was almost tempted to write a note and put it in
the box at the gate, but I remembered you had asked me not to
put my notes there. Again I was tempted to sing out loud (not
hum) one of my own impromptu songs to you, the night was so
still and peaceful ...
(‘Fair Lady, at your gate I’m standing,
Waiting a chance to see you, love;
The air is sweet, the road is still,
And I hear only the cooing dove.
The moon peeps o’er the tree-tops,
And grins and smiles as he looks down;
Your lattice window opens wide,
And on your head you wear a crown!.. .’)
Then I remembered you have asked me to sing alone to you
on our walks into the woods and by the streams and under the
big trees. Mr. Frost and I lingered for a moment at your gate,
and Mr. Frost sat down on the stone seat for a few moments to
rest. He said he felt weak and tired. He was pale, however, and
I told him we would go back quickly into town and retire. He
often has these weak spells, at least since he came to Mobile, I
am told by Mrs. George, our landlady, who always leaves a bowl
of broth by the bed for him to heat and drink.
I will patiently wait this evening for you at our usual meet-
ing place, that is, if the old magnolia and the big oaks have not
whispered to your father and Mademoiselle Justin of our secret
meeting places.
‘How poor are they that have not patience.’
Mobile, Dec. 14, 1833. BOYINGTON.
Dear Robert,
I am glad your note came to me in the usual manner. Never,
Robert, put a note in the post box at our gate, for my father sends
the slave man "Tite-Tite* there twice a day. Always give it to
the slave boy or woman, cr send it. Always in the future sign
your name with ‘Robert.’
20 Shakéspeare: Othello.
21A slave’s French nickname meaning Petite-Petite.
Love Letters of Charles R. S. Boyington and Rose de Fleur — 95
Madame Caro invited us to her home last night, and the
whole family went. There was an interesting friend from Charles-
ton in the Carolinas they desired us to meet, a Monsieur San-
dreau of Huguenot ancestry. He came by the steamer Emmeline??
from Blakeley across the river and bay. I played and sang some
of the old chasons I learned in childhood in France, as M. San-
dreau spoke fluent French. ’Tite-Tite played the violin for
Madame Caro’s guests. He also acted as our Trouloulou?* for the
many guests and their children. When we returned home the
slaves were all asleep.
I only wish I could have heard your new song. When we
meet tomorrow write all the verses down and hum the tune so
I can play it.
I must close for this time, dear Robert, and I will meet you at
the usual place. I shall dream to-night of your lovely song and
you.
‘If music be the soul of love, play on. . .’4
Mobile, Dec. 15th, 1833.28 ROSE.
—IV.—
Rose, My Dear,
Today- is a clear day, no wind, no chill, the birds are warbling,
and the sun is warm. This evening we will walk to the woods and
gather nuts and winter wild flowers. Bring your heavy shawl and
woven gloves, for we will be late in getting back to town.
I started a new poem last night, which I would like for
Madame Caro to set to music. I will read the verses to you this
22 Steamer Emmeline built at Blakeley by Josiah Blakeley, who founded the town of
Blakeley, made regular trips daily between that town and Mobile up to the middle
1850’s, when Blakeley was completely abandoned, because of the great yellow fever
epidemics and decline of population. Nothing remains today of Blakeley across
Mobile River and the delta bay land on the Tensaw River but the outline of once
famous streets, mansion sites and a declining graveyard. The great Cyrus Sibley,
incarcerated by the Spanish in the War of 1812 in Moro Castle, Havana, Cuba, is
buried in the cemetery.
23 Trouloulou was the black slave who acted as torch or lantern bearer, and pro-
ceeded the guests to their homes from colonial times up to the approach of the
Civil War. However, the Trouloulou was mostly connected in colonial times with
the quadroon balls of both Mobile and New Orleans. They always carried the
violin with them to play for the dances.
24 Shakespeare.
28 Note: Mrs. Sarah DeBois stated to the writer that Madame Caro at this time was
residing in one half of the noted “arched house” on Conception street, between
Government and Conti streets. As was the custom a number of the early homes
of Mobile were built with two sides and an alley way running between with second
story rooms arching over the alleyway.
peomamdeirneernanstiwente
hip i 0 ek bs: i wishing
The Tree: Being the Strange Case of Charles R. S. Boyington
D. Eslava,*° the eldest son of Don Miguel Eslava, who was once
the Commissary of Mobile when Mobile was ruled by the Spanish.
He has invited Mr. Frost and myself to see his lovely bushes
growing in the garden of his father’s home on Royal street, where
he now resides. He told us the story of this lovely Asiatic flower,
which, he said, was brought from France in 1754 by one Michel
Langlois, known as Fifise Langlois,3* who as a man of about
fifty-three years went back to his native country on an emmissary
visit, where he found these lovely flowers growing in his grand-
mother’s garden in Toulouse. Just a few years before they had
been brought there by a sea captain friend, who had sailed his
vessel in the Asiatic waters. On his return home to Mobile this
Fifise Langlois brought back the three original bushes, which he
had planted in tubs to bring them to Brest by the coach, and to
better convey them on the vessel as freight to Mobile? At his
garden® on Royal street in Mobile he grew them to great heights
like bowers. Mr. Eslava says his father admired them greatly and
the first slips taken were presented to him by M. Langlois, and
were planted also in his garden** on Royal street, where Mr.
30 Miguel DeSiderio de Eslava (or M. D. Eslava as he would write his name). There
were also three or more other children of the Great Don Miguel Eslava, the Spanish
Commissary, among them being Joachim, Jerome and Madame Barclay.
31 Fifise (Michael) Langlois was the eldest of the three children of Lt, Nicolas
Langlois and his wife Catherine Tierry (by adoption Primot), both the cousins of
the mother of Iberville and Bienville, and who was also named Catherine Tierry
and adopted by another of the brothers Primot. Fifise Langlois was about 2%
when brought to Mobile just previous to 1704, and died at almost the century mark,
and is buried in the southwest end of the Spanish Burying Grounds where the im-
posing Cathedral of the Immaculate Conception now stands. His title was “the first
naturalist of the Province of Louisiana,” and was visited by Bartram when he visited
Mobile in the 1770's. Although the Asiatic azalea is classed as belonging to the
rhododendrum tribe, but not being a native plant, Bartram failed to list it in his
writings. He listed only native plants seen during his travels. The azalea listed by
Bartram is the common genus known by the general title “wild honeysuckle,” this
because of the shape of its lovely pink flowers. Withall, in other of my family
papers and notes, it is found that Bartram admired the exotic azalea introduced by
Langlois, but he argued he would not record it in his list of native plants—F. L. D.
32 Fifise Langlois brought with him on his emmissary visit back from France the
portfolio of Bienville, in which he recorded the introduction of the azalea by him
into Mobile.
33 Southwest corner of Royal and St. Anthony streets “next to the old palisade,” just
directly north next to the French Hospital, and later following 1763 known as the
English Hospital and in American times site of one of the several slave markets of
Mobile. An oil station now occupies the site.
34 West side of South Royal street, between Monroe and Eslava streets.
Ser ae tare kg 2 art AETER MB cttw . ee pera tree naceamen seen
oem
Love Letters of Charles R. S. Boyington and Rose de Fleur a
Eslava** now resides.
It was a great pleasure to meet Mr. Eslava, and Mr. Frost
and myself will take advantage of his kind invitation. You must
accompany us, if you will meet us at our meeting place and if
you are not there at our arrival we will just go on and not dis-
appoint Mr. Eslava, as the opportunity to see the bushes with
these lovely flowers will be similar to a rare dream.
‘T talk of dreams,
Which are the children of an idle brain,
Begot of nothing but vain fantasy.’
Mobile, March 2nd, 1834. ROBERT.
Dear Robert,
I will not accompany you and Mr. Frost this evening to see
the lovely azalea flowers. I wouldn’t disappoint you, dear Rob-
ert, but if the wind is not too strong I will accompany Mademo-
zelle Justin and the slave woman to the milliner’s to try on her
new bonnets not long arrived from Paris. These flowers are not
new to me, as we saw them last year on the large bush still
growing in the southwest end of the old Spanish burial ground,
where the church stands, at the old tomb where Fifise Langlois
is buried, and where, the bishop says, will -be laid the foundation
for a large Cathedral*7 some day.
38 The writer’s family Ieneage and gencalogical history show Langlois, LeFleau,
Diard, etc., of colonial Mcbile and New Orleans were of close relationship in blood.
Hypolite Alexandre LeFleau became the wife of the great Don Miquel Eslava, the
Spanish commissary of Mobile.
36 Shakespeare.
37 At this early day Bishop Portier and his Vicar. General were already soliciting
funds to lay the foundation of the new Cathedral, as the little temporary Cathedral
he had erected was too small for his congregation, the slaves and a great many of
the white parishioners and the freedmen had to kneel outside the entrance door
among the remaining tombstones in the old burying ground while Mass was being
said. This in rainy weather he found was keeping a great many from church.
The old Church of the Immaculate Conception on Royal street next to Conti street
had been destroyed in the great fire of 1827, and up to when Bishop Michael Portier
was appointed first bishop of Mobile, Mass had been said in the private homes of
parishioners. However, in the summer and fall of 1835 opposite this first little
Cathedral of his newly created diocese Bishop Portier built a new Cathedral on the
southwest corner of Claiborne and Conti streets. Just before 1842, the year the
Sisters of Charity arrived in Mobile, a mew convent and school had been built by
Bishop Portier; and in the meantime the foundation for the present Cathedral of the
Immaculate Conception had been erected and the cornerstone had been laid (1837).
In 1850 this new Cathedral was dedicated for services in an unfinished state; and
following this the spot where Fifise Langlois had been buried was still pointed out
100 The Tree: Being the Strange Case of Charles R.S. Boyington
I will see you at Barbara’s home on Wednesday, if it is not
too chilly.
‘Not that I loved flowers less, but that I loved
Robert more.%¢
Mobile March 3, 1834 ROSE.
—VI.—
Rose, My Dear,
To-day I am feeling melancholy. I do not know what has
come over me since I have been relieved of work. Sometimes I
wake up in the night and wander out into the street and along
the levee. I am prompted to board a packet and leave the South.
I try to solace myself in reading, then I try to write, but I get
upset and cannot. I sing and play, but the music gets black in
front of me, and I have to get up from the piano. It is not you,
Rose, my dear,—no, not you. I worship the very footprints made
by your gentle feet. I think of you all through the day, I think
of you all through the night; and I wonder if I am to return
to work at Messrs. Pollard & Dade. Captain Arnold offered a
return of my place on his vessel on its return to Mobile; but I
cannot entertain the thought of leaving you. My heart beats
thick and fast. I cannot ask you to become my wife until I get
back to work again. Do not think ill or hard of me who adores
you.
Mobile, April 25, 1834. ROBERT.
Mrs. DeBois, the Mobile centenarian, said that after Boyington was
seen brooding at certain places along the levees and under the large
oaks and magnolia trees, he became the subject of discussion in many
places in Mobile. The meetings of the lovers had not been as often
as usual, and this, too, had been noticed. She also said at times Boy-
ington walked the streets as though in a daze, his head cast down and
his thoughts a million miles away. The late J. Ogden Belknap, of
Mobile, also stated that he himself as a boy often sat down beside Boy-
ington and tried to console him, but to no avail.
at the southwest corner of the new Cathedral. The old (or second) Cathedral at
southwest Claiborne and Conti streets was for a time during the middle and latter
1850’s used as the first Jesuit church—St. Joseph’s—in the city of Mobile proper
(Spring Hill College established by Bishop Portier in 1830 already had a chapel
under charge of the Maryst Fathers, and later the Eudist Fathers, and then the
present Jesuit Order installed in 1847). Following 1850 the old Cathedral building
was turned over completely to the Sisters of Charity to add to their orphanage
and school.
38 Paraphrased from Julius Caesar; the original line reads, ‘Not that I loved Caesar
less, but that I loved Rome mors.” (Act 3; 2nd scene.)
i ts ee
Love Letters of Charles R. S. Boyington and Rose de Fleur 101
My Dear Robert,
Your letter has given me great pain until I am worried to
death. Dear Robert, you never leave my thoughts, and the love
I bear you will never, never die. Do not grieve, dear Robert, please.
Barbara’s father says he will speak again to Mr. Pollard. Try to
hold up your head, and every thing will come out right. I will
not sleep to-night, you will be in my thoughts as well as in my
heart. Meet me as usual, for I will be waiting for you.
Mobile, April 26, 1834. ROSE.
—VII.—
Rose, My Dear,
You are accusing me wrongfully. I did not mean to be cold
and distant. My affection has never changed. I just feel a moody
gloom has come over me until I am run to distraction. I have
always tried to conduct myself while in your presence as a gen-
tleman should. Do not grieve, Rose, my dear, for it will run me
insane. It will break my heart and yours, but perhaps it is best
that I go away. I am despondent, but my love for you grows
stronger and stronger. I have never prayed, but pray for me it
you think it will help me, and if I never come back just place
these verses on your best loved tomb:
FOR MY TOMB
Though cold be the earth and stone
Placed over of me what remains;
But there is but one true thought,
The earth and stone here has no stains.
The sleep here may be long
And only peace to while the hours;
_My life was as a song,
I am not here but among the flowers!
May Ist, 1834, Mobile. ROBERT.
Dear Robert,
Your note grieves me very much. I cannot understand your
actions. I have prayed for you until my heart is brimming with
sadness and my eyes blinded with tears. It is the love I bear
you, dear Robret, that means the whole future for us both. I
will wait for you, and do not wait for me, dear Robert.
Mobile, May 2nd, 1834. ROSE.
scthaiecelcidnapaiens aiionaieastbaiiay sateen
102. The Tree: Being the Strange Case of Charles R. S. Boyington
—VIII.—
Rose, My Dear,
I will not meet you this evening, for I must go away for a
while until I feel better. I have left a package containing my
books, my letters and the miniature of my mother, and I have
written a note instructing Mrs. George, the landlady to give them
to you. Keep them and remember me always, Rose, my dear.
Mobile, May 10, 1834. ROBERT.
Mrs. Sarah DeBois stated to the writer that the lovely miniature of
Boyington’s mother was sent back to her in Litchfield, Connecticut,
by the Rev. William T. Hamilton, after he was hanged. His books
and clothes, with the exception of the few he had instructed Mrs. George
his landlady to give to Rose de Fleur, were sold soon after at one of
the public auction houses in Mobile to help pay for his board and
lodging still owing at Mrs. George’s house.
Rose, My Dear,
To-day I will be taken to the Court House at 10 o'clock for
a preliminary examination. Rose, my dear, I am putting all my
hope and trust in you. Do not believe me guilty of this horrible
deed. It will not be fair. I love you more and more, even if they
hang me to-day. I did not do this horrible deed, oh, believe me,
my darling! . . . It matters not what the world may believe, if
your faith in me remains firm and constant. The warden has
promised to give this note to you. I shall await your answer.
City Prison, May 17, 1834. ROBERT.
Dear Robert,
My heart is torn and bleeding, and I am in a state of quandary.
I am fighting hard to come to you. My father will not listen to
me, but I will come, dear Robert. Mademoiselle Justin has also
pleaded with him for me. Don’t despair.
Mobile, May 17, 1834. ROSE.
Rose, My Darling,
To-day they will take me out to kill me, and I cannot help
myself. Into my heart I feel the love of two pressing strongly,
who know I am innocent. It is you, Rosa, my dear, yes, you
Love Letters of Charles R.S. Boyington and Rose de Fleur —_103
whom I love most tenderly and my dearest mother back home
in Litchfield. If I can only escape, we can then go to your father’s
home in France. There they will not harm us. I will escape! I
will escape! Rosa, my dear, I want to live for you and you alone!
Oh, my dear, my heart beats fast—my love for you will never
die!
A friend will give this note to you for me. Be there and we
will escape together. I love you tenderly—always!
City Prison, Saturday, Feb. 20, 1835. ROBERT.
Mrs. DeBois stated to the writer that there were other letters and
notes between May 17, 1834 and his last letter given above; she also
stated that there were many others written by the lovers besides those
given her prior to his arrest. However, the writer is only grateful to
have had the privilege of copying these from her scrapbooks, and the
scrapbooks following her death meeting the fate of being thrown down
the well, makes these copies the only existing ones today. Yet, some
day among the cast away letters and old papers in the old homes of
Mobile, they will perhaps come to light.
The following are the two notes preserved by Mrs. Sarah DeBois
in her scrapbooks written by Boyington to his friend Nathaniel Frost.
One of them we find written a month before Frost was found mur-
dered, while the second was written ten days before the murder.
Dear Mr. Frost,
I have a confession to make as usual. I am in need of some
money, not a large amount, but enough to do me until next
Sunday, and to pay the slave woman for my washing. I expect
some money from back home, and I will return the amount im-
mediately on the arrival of the packet.
Mobile, April 10, 1834. BOYINGTON.
Dear Mr. Frost,
We will go for a walk to-day if you care to. The sun is quite
warm, and the woods are fully green now and full of song-birds
and flowers. However, I will ask Mrs. George to arrange us a
small package of lunch, if we are late for supper. I advise you
to carry along your shawl in case a wind should come up. Be
ready by 3 o’clock.
Mobile, May Ist, 1834. BOYINGTON.
sh A RIEL ORLA A OI
sa ee
ane
ats wees streets
panninvenrentonarenestinrsre SreiitirP SnD DS ES meni
|
i
EPILOGUE
A: we have seen Charles R. S. Boyington was a young man of
super brilliant opportunities had he not let his evil self over-
power his better self. Notwithstanding his many complexes, he was an
ardent lover, a scholar, a poet and literarian of no mean ability; and had
he not doubted the existence of God and had lived long enough, the
productions from his pen would have, perhaps, followed in rapid suc-
cession. “Handsome, learned and polished,” as Daniel Geary stated in
the notes he left us, “but a non-believer and without God and religion;
and a man without these is surely lost!”
We can also appreciate the keen anc paining disappointment suf-
fered by the good man, his spiritual adviser, the Rev. William T. Ham-
ilton, who gave Boyington his very heart filled with love and com-
passion. We can only picture the thoughts that came into the heart of
this good in man after years, and the pain he suffered when ever the
name of Boyington was recalled. A good man is in Heaven looking
down, but the soul he tried to win for God alone has been lost forever!
Nathaniel Frost, the innocent victim, too, by the older Mobilians
was long remembered. His kindness and love for a young friend work-
ing at his same trade and accompanying him on his evening walks, will
long be a monument on his unmarked grave in the Old Church Street
Cemetery!
As for the girl Boyington loved, the beautiful Rose de Fleur, her
poor heart bled to the closing of her eyes in death. She was so beautiful
in the love that he bore her the very flowers he loved so well bow to
her memory! And when we stand beneath the oak tree that grew out
of the side of his grave we can only repeat again his words:
Though cold be the earth and stone
Placed over of me what remains;
But there is but one true thought,
The earth and stone here has no stains!
The sleep here may be long
And only peace to while the hours;
My life was a song,
I am not here but among the flow’rs!
The End.
By Francois Ludgére Diard,
Mobile, Alabama
i i lll aR lal
926
evidence; and in order to afford the jury
ample opportunity to test the value of such
opinions it is competent on cross-examina-
tion to inquire of the experts as to the ex-
tent and accuracy of his knowledge with ref-
erence to the particular subject upon which,
as an expert, he has expressed an opinion.
As was said in De Phue’s Case, 44 Ala. 39,
“A physician is an expert, and as such he
may be asked questions which develop his
capacity to form a correct judgment upon
the experiences of his profession.” In this
respect it might be competent to ask the
physician if he had a diploma, or from what
college he graduated, or the extent of his
experience in the treatment of persons af-
flicted with insanity. In this way some of
the data would be furnished upon which the
court, in the first instance, would be able to
draw its conclusion as to the competency of
the witness, and the jury, in connection with
the evidence upon which the opinion is bas-
ed, could measure the weight to be accorded
the opinion expressed. But we submit the
question under consideration did not call for
any data of the kind above referred to, nor,
data of any kind, but simply called for the
opinion or conclusion of the witness as to
his capability; and to have allowed an an-
swer to it would have been to substitute the
witness for the court and jury, whose duty
it was to pass upon the competency of the
witness and the weight of his evidence. It
is insisted by counsel that the question
should have been allowed because it called
for a fact peculiarly within the knowledge
of the witness. Not every fact that lies pe-
culiarly within the knowledge of a witness
is competent evidence. We note the fact
that the witness, by his evidence, made him-
self competent to express an opinion that the
defendant was of sound mind, aside from
the fact that he was an expert. We think
there was no error in the court’s ruling on
the objection to the question. ,
Charges numbered 1 and 4, refused by the
court, were properly refused’ under the fol-
lowing authorities: Lide’s Case, 133 Ala. 64,
81 South. 958;, Porter’s Case, 185 Ala. 51, 33
South. 694; Kroell’s Case, 1389 Ala. 1, 36
South. 1025; Parrish’s Case, supra; Code
1896, § 4938.
Charges 2, 3, and 5 were properly refused.
They each leave out of consideration the evi-
dence which tended to show the sanity of
defendant, thus singling out a part of the
evidence. They also posseSssed the vice of
being argumentative. Hussey’s Case, 86 Ala.
834, 5 South. 484; Jfountain’s Case, 98 Ala. 40,
13 South. 492; Horn’s Case, 102 Ala. 155, 15
South. 278; Mitchells’ Case, 183 Ala. 65, 32
South. 182.
Under the evidence in the case there was
nothing to warrant the court in charging
upon the law of manslaughter. The defend-
ant was either guilty of murder or he was
not guilty by reason of insanity, and the
88 SOUTHERN REPORTER,
court was under no duty to charge th:
of manslaughter.
We find no error in that part of th:
charge of the court relating to the (
tion of insanity, and the exception t!
was without merit. Parrish’s Case, su;
The court said to the jury in the
charge, “The jury should be careful t!
[meaning insanity or the plea of ins:
is not used as a means to evade the la
well as to see to it that a person irres)
ble should not be punished.” We are 1:
formed by the bill of exceptions of th:
nection in which the above fragment ©
oral charge was given. But, however
may.be, we do not think the court bre:
the rules of judicial propriety in thus
tioning the jury. The cautionary remai
not present one side more prominently
the other. By it the jury was simpl)
tioned that they might not allow an
to ereep into their finding one way <
other.
We have found no error in the recor:
the judgment of the court below is afl
Affirmed.
McCLELLAN, C. J., and HARALSO:?
DOWDELL, JJ., concur.
DURHAM yv. EDWARDS.*
(Supreme Court of Florida, Division A.
21, 1905.)
EQUITY PLEADING—BILL—SUFFICIENCY—
NERSHIP—SALE OF PARTNER’S INTERE
—DISSOLUTION—ACCOUNTING.
1. In equity, as well as at law, a pleac
to be most strongly construed against the
er thereof; and, in passing upon a de!
to a bill, every presumption is against tl
[Ed. Note.—For cases in point, see vi
Cent. Dig. Equity, § 386.]
2.It is incumbent upon a complain:
allege in his bill every fact, clearly an
nitely, that is necessary to entitle him
lief; and if he omits essential facts thei
or states such facts therein as show that
not entitled to relief in a court of equii
must suffer the consequences of his so do
[Ed. Note—IFor cases in point, see vi
Cent. Dig. Equity, §§ 3138, 323.]
3. When some allegations in a bill s!
case entitling a complainant to some
but are contradicted by other allegatio
the same bill, and it is impossible for the
to determine the true nature of the case ;
to be made by the bill, a demurrer |
should be sustained.
4.1f a bill for relief is so vague and
nite that it does not state any case upon
a court of equity will grant relief, it \
demurrable for want of equity.
[Ied. Note.—For cases in point, see v:
Cent. Dig. Equity, § 381.]
5. A court of equity cannot grant relief
the complainant’s own showing in his bil!
onstrates a want of equity in his prayer
6. Where one partner transfers his ent!
. terest in the partnership concerns to bh
*Rehearing denied July 18, 1905.
(Ala,
at to be accorded te
’ defendant the testi
{ > was a person
« 1en of the jury,
considering the test!
ndy Pettus as to the
\dant while in jail as
the deceased, and her
8 other conversatlon
« you should consider
i the testimony of
{unsound mind, (4)
‘in this case, I charge
iury, that it is incuup
ablish by evidence te
jury beyond a rea:
uce of every element
the crime charged;
nsidering all the evi
uestion of the insane
dle doubt of the de
time of the alleged
‘ him the benefit of
a not guilty by reste
utlemen of the jury,
msidering the state
Sandy Pettus while
uce that he was ef
that she broke off
request of her pars
d her if she would
id she replied thag
and*all the state
.¢ defendant should
of the testimony of
sof ymgound mind,”
t fendant was
degree, fit
sment and sentence
defendant appeals,
allings & Wesmith,
‘iin and B. M. Alle,
voir dire of the Je
‘ examined by the
ship to the defend
(ter each juror was
‘ was put upon the
for acceptanc ef
of procedure eit
re accepted, swora,
iry to try the case,
lection of the Jury
‘ny objection to the
Jurors as to sue
‘quest the court te
atter the Jury hed
a, then the defemde
nel, and assigued
the court did met
relationship to Ue”
The court thee
hat he might toate
ig any juror on the -
the defendant wo
{o ask the jury e@
a whole, or each of them, as to such rela-
tionship; but the defendant objected to such
question being propounded to the jury or any
; . Member of the jury. The court then over-
; ftuled defendant’s motion, and he excepted.
With or without the evidence of the witness
Jake Jones, there was no error in the ruling
of the court on the defendant’s motion. Pre-
termitting the question as to the time when
the motion was made, he not only would not
avail himself of the opportunity offered him
by the court to challenge any of the jurors
on the ground named, but he offered no
proof, and did not propose to offer any, to
show that any juror was disqualified for the
reason assigned in the motion to quash, and
objected to the court at that time asking any
one of the jurors as to such relationship.
James’ Case, 53 Ala, 380, and Bridges’ Case,
110 Ala.-15, 20 South. 348, and authorities
there cited.
The defendant, to the indictment, pleaded
not guilty and not guilty by reason of insani-
ty. He was found guilty of murder in the
first degree, and was sentenced to be hanged.
There was no conflict in the evidence which
showed the killing, and from the record it
appears that the only defense relied upon
was that of insanity.
The question asked Mrs. LeCrane by the
defendant,. “Did you think they were. white
or colored people when they passed?’ called
: ry for immaterial evidence, and the court prop-
_ erly sustained the state’s objection to it.
The objection made to the evidence of the
A witness Bart George, as to defendant’s state-
~ ment about the killing, made while in the jail
- at Pratt City, and about an hour after the
killing occurred, was not well taken. The
statement was shown prima facie to have
been voluntarily made, and was competent
both as a confession and as evidence tending
to show the condition of the defendant’s
mind. Parrish’s Case, 139 Ala. 16, 36 South.
1012, Hornsby’s Case, 94 Ala. 55, 10 South.
522, and Steven’s Case, 138 Ala. 81, 35 South.
It is the province of the jury to determine
whether or not a witness is mistaken in his
+ evidence where such witness’ evidence is
_ shown to be in conflict with that of another;
and it is not permissible to ask a witness
* if another witness was not mistaken in the
evidence given by such witness. Johnson’s
Case, 94 Ala, 35, 10 South. 667,
When witnesses have been placed under
the rule, it rests in the discretion of the court
* to allow one who did not retire from the
~ courtroom to be examined.
Especially is
this true under the facts in this case, which
- show that the witness objected to was ex-
_ empted from the rule by the court. McClel-
_ Jan’s Case, 117 Ala. 140, 23 South. 653; San-
der’s Case, 105 Ala. 4, 16 South. 935; Me-
_ Guff’s Case, 88 Ala. 147, 7 South. 35, 16 Am.
' $t. Rep. 25; MclLean’s Case, 16 Ala. 672.
The witness Jake Jones, after testifying
to a statement which he said wés made to
Ala.) BRAHAM vy, STATE, 923
him by the defendant in the county jail some
time after the tragedy, was asked this ques-
tion, on cross-examination by the defendant,
“Did he tell you that he had been to Perry
county, where his brother had gone insane,
and had gone into a chureh and raised a big
disturbance?” We recognize the rule that,
where a part of a conversation has been
brought out by the state, the defendant is,
upon cross-examination, entitled to have
from the witness testimony of the whole con-
versation had at the same time in reference
to the same subject-matter. 1 Greenleaf on
liv. § 201, and McLean's Case, 16 Ala. 672,
But upon an examination of the conversation
as testified to by the witness we have found
nothing which is even remotely connected
with the evidence which was sought to be
elicited by the question asked. It is insisted,
however, that the testimony contemplated
would have had bearing upon the plea of in-
Sanity, and was competent and relevant un-
der the plea which presented that issue. It
may be conceded that it is competent, under
the plea of insanity, to show, in connection
with evidence tending to show, insanity on
the part of the defendant, that the defend-
ant’s brother was insane; but we do not
think that this proof may be made by a mere
declaration of the fact on the part of the de-
fendant.
There is no merit in the twelfth and thir-
teenth assignments of error, relating to ques-
tions allowed by the court to be asked by
the state of witness Douglass Crenshaw, and
they are not insisted upon by the defendant.
Ki, R. Norman, a witness for the defendant,
testified that he was a reporter for the Age
Herald; went to the county jail to interview
the defendant the night of the day on which
the killing occurred; that he went to his cell,
and talked to him for three-quarters of an
hour, and that it was about 9 o'clock at
night; that he could not get much sense out
of him; he seemed to be cool, but nervous;
that his actions were very peculiar, and that
what he got fromthe defendant in the inter-
view he had to pull out of him. The defend-
ant then asked the witness this question:
“State whether or not the defendant talked
disconnectedly, appeared absent-minded, or
any other peculiarities about him which you
may have noticed?’ The court sustained an
objection to the question. We think that it
would have been competent for the witness
Norman to have testified whether or not the
defendant talked disconnectedly, and wheth-
er or not his conversation was coherent or
incoherent. This did not call for an opinion
of the witness, but would. if he had an-
swered the question that his conversation
was disconnected, have been a shorthand
rendering of facts. But the last clause of the
question, we think, rendered the question as
a whole objectionable. This clause rendered
the ‘question very general; so much so that
irrelevant evidence would have been respon-
Sive to it.” Ross’ Case, 189 Ala. 144, 36
*
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924 88 SOUTHERN REPORTER. (
South. 718. There may have been peculiari-
ties about the defendant in his physical
make-up, noticed by the witness, which
would have had no tendency whatever to en-
lighten the minds of the jury as to his mental
status. -
Witness Norman, further testifying, said
that he noticed that the defendant would re-
peat things he had already said, and that
Several times he asked him to leave him, that
he wanted to read some letters. The witness
was then asked this question, to wit: “From
these acts, conversation, peculiarities, and de-
meanor, would you say that he was a person
of sound or unsound mind?” By numerous de-
cisions of this court it has been held that a
nonexpert witness, before he may be allowed
to give his opinion of the existence of an un-
sound condition of mind, must be shown to
have had the opportunity to form a judg-
ment, and this would depend upon the famil-
jiarity of the witness with the person whose
sanity is in question, “the character of the
disqualification, the nature and number of
the extraordinary circumstances detailed, and
their proximity to the act involved in point
of time.” ‘The witness was not shown to
have had any previous acquaintance with the
defendant. He had never seen him before
the night of his interview with him. We.
think he was not brought within the rule
allowing the opinions of nonexperts as to the
insanity of a person. Florey’s Executors v.
Florey, 24 Ala. 241; Norris’ Case, 16 Ala. 776;
Powell’s Case, 25 Ala. 21; Stubbs v. Hous-
ton, 83 Ala. 555; Burney y. Torrey, 100 Ala.
157, 14 South. 685, 46 Am. St. Rep. 33; Par-
rish’s Case, supra; O’Connor y. Madison, 98
Mich, 188, 57 N. W. 105. Furthermore, as
was held in Parrish’s Case, supra, to the
question as to the competency of a witness
to express an opinion as to the insane condi-
tion of the defendant’s mind is a question for
the court, and not for the jury; and the
court’s decision as to the question will not
be revised unless it is clearly made to appear
to have been erroneous. It follows that
there was no error in the court’s ruling upon
the objection made by the state. The same
may bé said with reference to the ruling
of the court on the objection of the state
to the question propounded by the defendant
to the witness Cowan. This disposes of
the fifteenth and sixteenth assigninents of
error.
The question asked by the defendant of
witness Ophelia Holdness, and-to which the
court sustained an objection, is so patently
illegal as to require no consideration.
The two questions asked Dr. Hagler with
reference to neuralgia in the parent man-
ifesting itself in the offspring assumed that
the parent was or had been afflicted with
neuralgia, and at the time the questions were
asked no proof of the fact had been offered.
Further, as to the first question, it also in-
volves an inquiry as to knowledge on the
part of others. It has been held by this court
a
that the cognition of another is not a
of which a witness may testify. Bail:
Case, 107 Ala. 151, 18 South. 234. Dr. i!
ler, as an expert, having testified in ans
to a hypothetical question that under
hypothesis stated he would say the pe
was of unsound mind, it was proper on cr
examination for the state to test the accui
of his information as to the causes of
sanity. The jury is not concluded by
opinions given by experts on the ques!
of sanity vel non, and, while the ¢«
pronounces upon the competency of
nesses as experts, it is the province
the jury to measure the weight of t!
opinions. In order that the jury may li:
& proper appreciation of the value
Such opinions, it is entirely competent
develop on cross-examination the extent ;
accuracy of the expert’s knowledge of
particular subject upon which he has b
called to testify as an expert. The co
committed no error in allowing the quest
McAllister’s Case, 17 Ala. 434, 52 Am. I)
180; Parrish’s Case, supra; Washington
Cole, 6 Ala. 212; Tullis v. Kidd, 12 Ala. 6
De Phue’s Case, 44 Ala. 82; Birmingh
Railway & Electric Co. y. Ellard, 1385 A
433, 83 South. 276. Several hypotheti:
questions were propounded to Dr. Hag
on cross-examination by the solicitor.
each of the questions the defendant int
posed a general objection. In the ease
Sanders v. Knox, reported in 57 Ala. 81, 1
court, through Brickell, C. J., said: “A g:
eral objection to evidence cannot be s)
tained unless the evidence is manifestly
legal and irrelevant, and apparently inca;
ble of being rendered admissible in conn
tion with other evidence. Such objecti«
may mislead the party against whom th:
are taken and the court, and lead to the pr:
tice of making objections in this court, whi
if made in the primary court, would hi
been obviated.” “Undefined objectio
should never be made to the admission |
evidence; and it may be laid down genera)
that, if the party making them will not pe
ticularize, the court is not bound to ec:
about for the grounds upon which in t!
mind of counsel they are rested, but m:
properly disregard them.” Wallis v. Rh:
10 Ala. 453; K. C. M. & B. R. Co. v. ‘Smit
90 Ala. 25, 8 South. 48, 24 Am. St. Rep. 74
Ladds’ Case, 92 Ala. 58, 9 South. 401. Se
also, the opinion of the court on page 3!
of 389 L. R. A., in the case of Burt yv. Sti:
(Tex. Cr. App.) 43 S. W. 344. The abi
ruling disposes of the twenty-first, twen!.
Second, twenty-third, twenty-fourth’ an
twenty-sixth assignments of error.
The court allowed the solicitor, against
general objection made by defendant, to a+
Dr. Hagle: if insanity could be simulate.’
The. witness answered, “I don’t know
There is no merit in the twenty-seventh a:
signment of error, relating to this matt:
If it should be conceded that the objectio
(Ala.
ia not a fact
tify. Bailey's
rm Hag-
answer
lau uuder the.
ty the person
roper on cross-
st the accuracy
causes of in-
the question
ile the court
ency of wit
province of
ight of thelr
ury may have
he value of
competent to
‘he extent and
vledge of the
he has bees
The court
> the quesuion.
52 Am, Dee
\ushington ¥,
i, 12 Ala, O48:
Birmingham
lard, 185 Als.
hypothetical
Dr. Hagier
solicitor, Te
endant Inter
the case ef
7 Ala, 81, the
uid: “A pete
inot he wwe
aly
re DCH pee
'e In conne
‘h objections
( whom they _
d to the praw
court, whkea
would bare
i objectiawa
\dmissiog et
Wh generally
Will net pam
und to eet”
vhich tn the
cd, but Sat
ig ¥. Tika, »
Co, vv. Sethe,
hn Rep. TREY
. 401, Be,
on page Be
urt Ve Stare %
Toe ater
rat, tweety
fourth © besa
ire "
Was good, the answer to the question was
harmless,
We have carefully examined the questions
_ Presented by the twenty-eighth, twenty-
- pinth, thirtieth, thirty-first, thirty-second,
thirty-third, thirty-fourth, thirty-fifth, thirty-
‘sixth, thirty-seventh, and thirty-eighth ag-
~ #iguments of error, which relate to the court’s
rulings on the admissibility of evidence in
the exaniination of witnesses Bob Franklin,
XN, J. Moore, 2. Knight, and Carrie Jones,
and conclude that the court’s rulings with
feference to these questions are correct, even
“® objections had been particularized, ‘The
objections, however, were all general,
We cannot Say that the court erred in
allowing James Kent, a witness for the state,
| Who testified that he had known the defend-
» &nt from his childhood, and had talked with
7 tin five times since July, 1903. and that the
“> last conversation he had with him was on
_danuary 4 or 5, 1904, to testify to the sanity
#f the defendant, The rule with reference to
=the competency of witnesses called to. testify
» tothe sanity of a person is not so exacting as
» ils with reference to those called to show in-
-manity. Ford’s Case, 71 Ala. 385; Parsons’
ase, 81 Ala. 577, 2 South. 854, 60 Am. Rep.
188; Caddell’s Case, 129 Ala: 65, 30 South. 76;
2 applicable to the competency of witnesses,
expert and nonexpert, upon the question of
_iesanity, have been carefully and succinctly
mated, and the authorities collated. The
@ Westion asked witness Kent by the state,
om ti, “Did you observe anything unusual, pe-
°* aliar, or unnatural with him then?’ wag
operly allowed. Gardner’s Case, 96 Ala.
211 South. 402; Thornton’s Case, 113 Ala.
#8, 21 South. 356, 59 Am. St. Rep. 97: Par-
%#h's Case, supra. The bill of exceptions
‘Wates that the defendant asked the witness
‘Kent on cross-examination four or five times
®hether he could say that during the month
# December, 1903, and January, 1904, the
tefendant was insane at intervals; and that
Se witness answered each time that he
wald say, from his knowledge and acquaint-
an unnecessary consumption of time, and
Me defendant duly excepted. We fail to see
fF merit in the exception. A party has no
eht to delay the court with unnecessary
e@estions. The witness had sufficiently an-
ed the question, and the defendant lost
‘@abing by not being allowed to have the
Miness answer again. Parrish’s Case, 139
A%, on page 41, 36 South. 1012.
The evidence of the witness Sandy Pettus,
VRected to by the defendant, was not strictly
Mrebuttal, but it was within the discretion
the court to allow evidence, which, com-
nt otherwise, was not in rebuttal. And
)* court’s exercise of this discretion js not
Wewable here. No other specific ground
‘Parrish’s Case. In Parrish’s Case, the rules |
Ala.) BRAHAM v. STATE, 925
veel
FS
« a
Ee a
ick
a
2
bia
of objection was made, and the statements
testified to were shown to have been volun-
tarily made. Hence the court’s ruling with
Teference to the evidence was free from
error,
The exceptions reserved to the court’s rul-
ings on the objections made by the defena-
ant to the two questions propounded by the
| State to Dr, McAdory, to wit “Did you ever
| treat him at any other time?” “What were
; the character of your conversations?” and
| the exceptions reserved to the rulings with
| reference to the evidence of witness Holey,
are so obviously devoid of merit as to re-
| quire no discussion of them.
' To the hypothetical question asked Dr,
McAdory by the solicitor the defendant in-
terposed an objection, and particularized
| four grounds for the objection, namely, ‘“Be-
cause the hypothetica] question was not a
| true, or comparatively true, statement of all
the evidence; (2) because a part of the ques-
tion, where it stated Supposed facts, the
facts, as Stated, were mere inferences; (3)
because testimony brought out tending to
show the defendant insane was not included
in the question; and (4) because all the acts
of the defendant, as shown by the evidence,
| Were not included in the hypothetical ques-
| tion. If there Was any error in allowing the
question, it was error without injury, as the
| answer was not unfavorable to defendant.
Parrish’s Case, Supra; People y, Augsbury,
97 N. Y. 501; Burt v. State (Tex. Cr. App.)
43 S. W. 344, 39 L. R.A. 318. Dr, McAdory
testified on the direct examination, that he
was a practicing physician, and had been
| such since 1897; that he was assistant coun.
|
|
|
|
|
|
ty physician and had seen the defendant 4
humber of times in the county jail; that he
treated the defendant for a Severe cold,
which turned out to be measles; and that he
treated him again a few days before the
trial. He further testified that he Saw the
defendant often in the jail, and talkeq with
him, he Supposed, a dozpen times; that his
conversations were chiefly about his physica] .
condition; that from his acquaintance with,
observation of, the defendant, and from his
professional knowledge, he would say that the
the defendant asked Dr. McAdory this ques:
tion, “Are you an expert on insanity?’ We
have been unable to find any case in which
the precise question presented has been con-
sidered. It is undoubtedly the law that the
‘court must determine the question of the
competency of a witness to testify as an ex-
pert, and that all evidence which goes to the
competency of such witness should be ad-
dressed to the court. It is also true that,
after a witness has been held competent by
the court, it is the province of the jury to
determine the weight of the evidence of such
/ witness, and, as we have ruled in a previous
part of this opinion, a jury is not concluded
by the opinions of experts, but must weigh
Such opinions in connection with the other
SER BS St
See eaet See BE
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BRIDWELL, William, white, hanged Lawrence County, Ala., 10-24-1523
To His Excellency Samuel B. Moore Governor of the State of Alabama
es Sheriff office New Orleans June 18th 1823
wok Sir
ba William Bridwell one of the persons mentioned in your
advertisement of the llth of April last as having
, broken your Goal and who you state has been recently
convicted of murder has this morning been committed
4 to the Goal of this parish having been recognized and
. arrested here by some (?) from your state----
I hasten to give you information
of this circumstance and am with
respect your obt. servt.
Jno. Holland
Dy. Sheriff Parish of Orleans
Wm. W. Broom Esq
Sheriff of Madison County
State of Alabama
Huntsville
kas «lo Aut jay
As Ya, Be. cGy fp
LES C171 ; LOA v4 Tages Pie
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ener Hors ey Agar te ee ropes ee pas a
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-PTEL 4724 A777 MAUL
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eee
BROOKS, Fisher, black, hanged Mobile, AL, August 3, 1917; and SANDERS, Albert,
hanged at Mobile on July 19, 1918.
cikageume ns ae
re
* niche ce bataiics: > eaataaentind *
we
Pere
ERID DAY
ater
ar
erson. Shipbuilding ‘Company | C
Be Bae, ‘READY |
te Let For $100, 000. “of
[aterial, and Others: Will. a
e "3 a Night
gh The - Register’s ‘state: capital
u;at: Montgomery. that the Hen-
hipbuilding:Company, ‘with a.
f: $250,000,. had: been “organ;
1ere ‘for ‘the ‘purpose. of ‘building
ring: “chasers, ?:, Officers * of = the,
care:. ‘President,: ‘Frank* Hen-.
i company. is’ now building” four
t Dot “submarine; chasers’: at” its
on* ‘Pinto Island for the Barrett
vuilding Company,; which has the
act from:.the.’government. Presi-+:
Henderson‘.said' last. night’ that
sihoped to’ obtain other’ opm tracts,
‘of [t
submarine chasers : now’ “unde Cony
fon are ‘nearing. completion, ‘and
; Progress: than ‘was. ‘contemplated
Bicen. made, ‘due. in, Jarge. measure ; to
: ,Vorable ‘weather~ “which:! per mitted
being: vearried: on: “every! ‘day. “twa
boats have been’ -planked,.. and ‘aré,
jog adage “All four are: expect-,
h th,
“Say whether. ‘or: not the, Hen-
Om. Company? .“ should =” be ‘exempted
mecaxes under ithe infant industry: pro~
as ‘ofthe revenue law. of 1915... The
t of. opinion: was’ made . by, Judg#
Williams :-of+ "Mobile. through ‘the
auditor. ">: Judge \';Williams » claims
fee he -new¢ company’ ‘Is exempt‘ fron’
fm anchise. tax,’ corporation: tax, and,
erjtaxes for a peridd. of ten: years,
montgomery ‘dispatch + states. -
aseletorythe tnited States” shi
ard Emergency“ Fleet: ‘Corporation.
Blakely Island. plant: of the ‘Murnan: -
ulding g: corporation weru ‘takenvyes =:
with the<.awarding” of’contracts.
pproximately . $100,000» of + matertal.
otal contract’ price.is’ about ’$1,700,-
nd.;vast. quantities- of lumber and
materials will, jbe; gbonehe, pere, for
palldine of. the “nd Si “which
ips will’ be constructed - will* begin
e, Mr... Solomon: F. Glenn,:.of. Phil-
la,s president: of the -cornpany, sald
ight:..The' ways: ‘will: be, completed
thirty-five or forty:days, he. salds
1e:keels will then be-laid../4!2.22
H.C. Mturnan; general: manager-~ Zof
mpany, President,Glenn,.a' party of
elphians ‘who are’. financially inter-°
and \several.; local. men who are
1g with: the company, spent yester-
anning ‘for starting, the work, con-
ms bids‘on material and inspecting
ant on' Blakely Island. The materiel
Pegised- ‘represented | siron fastenings,
wT ty Wie i kd Yetacdea
teeta te Renae eal
ided to Tong List i in Indus- ae
vice : president: and: treasurer, ,
Two nishie Viait Condemned. Man
“CShetiff Holcombe ‘had given: strict» In-
structions: as to:persons who. might see |-
Brooks ‘and, only those: legally entitled to]:
: a. sat
Te
Me ‘Tells “of. Murder.
k ‘Fisher iioka,: mardanee
Julia” May: Hess,. whose dead. body was
found in Chickasabogue last’ May, will
die -upon‘the gallows‘at: ithe county
‘ail this -morning.’. If. plans carry, he
will! be’ dead* before’ these ‘lines’ are
Lread ‘in :the homes of Mobile.. The trap
will: be ‘sprung at. sunrise, ‘with gonly,
the’ legal witnesses: present. iz mi
“The: condemned negro, vwho with
Albert; ‘Sanders | is under, “death: sen-
tence for the ‘brutal murder’ of Mrs,,
Hess, ‘spent his last day in prayer,’He
ould be heard by prisoners and offi-
cials ‘inthe jail, as; his:*mobile » lips
formed:.he''words’ which, asked for-
glveness.; sBut. he.did not prqek: cowp:
as, 2 veel . roa ot Feu *.
‘Negro © Begins. Rambling Confession.”
*. Shortly. before 2’ o'clock this’ morning
Brooks informed the Rev. C,° First John-
son, his )}spiritual,adviser that ‘he, was
‘ready. to tell the: truth about the crime.
The ‘pastor. passed '''the “word. to the
deputy: on: the door:and. Sheriff \Hol-
combe,' with Stenographerj Carlin, Asaist-
ant County ! ‘Attorney Jack Courtney and
several deputies entered the corridor sur
rounding: the cell. ‘Brooks began a.'ram-
-bling’’ statement,” going over: the’'same
ground covered in.a confession printed in
The Register, in; which: he absolved any-
one’ else of the’ crime, paying. he sMOne
‘Killed ‘ the. woman. ep eat ve
.Sheriff’*Holcombe,” at “9 l1b “while” “the
negra was‘yet talking, : sald ‘he ° believed
Brooks'would tell.a different. stor,
he, went, -UpOR, the gallows. *
be ok MO ONL oie.
visit his. cell and’ talk ‘with the man
through. the bars did so. Dr. J. W.'Phil-
“tips, pastor of First Baptist , Church, ‘was
a’ caller. yesterday» morning: and.. spoke
with Brooks for some time. What passed
between’ «them; was..unknown ‘to, .the
suards. Rey. .O.° ‘First? ‘Johnson, ‘the. pas-
Aoreot StikLouls.: Street, Baptist Chuva
(colored), was” "present ™ witht Dr.
‘ilps, being accompanied | ‘by Judge ,Sat-~
fold. Bérney, | who. was-'.the’ senior. trial
dudge/ and’ who pronounced. the: sentence,
of ‘death”on Brooks. The, colored: minis-
ter: also. talked with”. ‘the: negro ‘for .‘a
time,.ireturning * later in’ “the” day, and
praying with him.” -- ae '
The same care and ‘caution’ which has
been. maintained -by.-the’ sheriff and his
deputies since Brooks.entered the death
cell,’ was,’ ‘maintained .last night. ~ The
sheriff remained at the’ jail and in ‘close
proximity* to; the ‘death: cell all of’ last
nightjin order! to, see.that’ nothing went
awry in his: pre- arranged - beveahen i" for
the; execution. Roa he. As
‘ oo.
Brooks Cantinues : His Prayers.
Last 'night': Brooks . continued’ + his
prayers,” seeming. never “to: tire. in ‘his
exhortations.- During ‘the’ early ‘part of
the ‘night. afew. persons -called’ at «the
countyr jafl. ‘seeking permission: to “view
the’?hanging; but they were'’ promptly
turned down by Shertff: Holcombe.
Tr tha tuentleavie ranam at the tall wore
ek < *,
Pht Vy,
hi i
\6- ; YEAR" RATIFICATIO} &
i inppelative 2 If. Approve .
‘Harding's’ motion ‘was real §
}| out. the ‘Harding clause entirel Oh
Vollmer, brother of Henry Vcge
LLI ES’
Liquor Lobby in. ‘Washi
. clared fo Have, ‘Held §
|| BELIEVED , TO, {HIDE pies
aes
Time: Limit—Long Ye
Litigation in Prospi
ma tregs He ar
' WASHINGTON, “Aug. *
sentative ‘Randall .of) Calitcee
only ' Prohibition “party “sm <
congress, issued a statement fgem
claring that ‘‘the’ friends oF
prohibition “have .been ‘flint
bv; the ‘liquar’ lobby ;in ‘the 5
tional amendment adopted ifm
ate yesterday.”’.He added
great: jollification’” ‘was Yhq
quor..representatives in a’V
hotel last ‘night,'and. that: {
fined rumor had sprung up
six-year.‘ clause added **o
by:: ‘the’ brewers’ attorneys..;
\ Te a Bk Who og! eee
Uncertain: Language Clouds
u“The joker. 4s ‘not ‘in ‘the six
dicap itself, sald Mr: ‘Randa!
that is without a single preced
tory.«.'The’ Harding clause: pré
‘this article shall be. {nopera bi
ratified vithin six years.’ :
“The ‘impression’ is ‘that the
tion amendment would not becim
of the constitution unless so ri
fact ‘is it will become.a part: «
stitution if ‘ratified after’ the
but Jwill | be: inoperative...’ Thi Siam
long years of litigation.” The
paign :to!secure.ratification: by#M
will’ be clouded, by this uncer (ies
age. ‘ ~ pase hee
“The duty’ of on Ades is'cl Be
ne FIGHT: HUNG UP» IN®
Amendment WII Not.Be Con:
“ss the December Sesslo
WASHINGTON: “Aug. <2
prohibition by constitutional ‘:
was hung up inthe house t
prohibition leaders * themselyc4
+ The, “resolution to ‘sibmit’ t
to. “the, States,’ passed ‘yestercR
senate, was put gut of the pip
the. present,session, a will y
‘caucus and ‘reverse
sider “only war leg hy
doned because. it wa
action \until next sess.
prohibition cau cause,“
IN\. IOWA SPY.
Brother of Ex- ~Congressni
omer: Among Those Aces
“DAVENPORT. Towa; Aug.”
H. Wallace, a lecturer, who a
aesotted from’ the . British: a
mer Iowa congressman; ‘Ear! By
Charles Weise, A. H. Miller, Baga
Matthey .and his nephew, 13S
Matthey, were indicted by ‘Bgjegs
grand jury ime, investigatin me, t |
cases. |
Ww ailace* was charged in’ :
with violating the pele
eonsviracv: Willis, Weise an
‘ Of the erime, Sayjing he nione
attorney general was yesterday | Killed the woman,
to say whether or not the Hen- Sheriff Holcombe, at 3:15, whila the
. company: should be ‘exempted | est was yet talking. said he believed
taxes ‘under the infant industry pro- | Brooks. would tell(a different story, when
ms of the. revenue law of 1915. The} he went upon. the gallows.
t of. opinion.was- made - by .Judg# 090 0 .
hed pystyee me vi the |. Two Pastors Visit Condemned Man.:
a Oren ams claims |\\ Sheriff Holcombe ‘had given’ strict: in-
he yt company {s'exempt* from ‘structions as to:persons st might see
franchise. tax, corporation tax, and] Brooks and. only those. legally entitled to
“wt boa for a avon of oe eines visit his. cell ‘and’ talk: with. ‘the. man
§.) through: the bars did so. Dr... J..°W.)Phil-:
dips,. pastor of* First. Baptist , Church, ‘was
a; caller., yesterday * morning: and,, spoke
with Brooks for. ‘some:.time. ‘What: pagsed.
‘k between’‘them’s “wag. unknown © ‘toy the
havoc nt Nd ba irst” Johnson, “the 'pqs-
Lou Street. B ptist.
Ah ues With Sb
fc * being Gecémbanied by? Judge Sats |
td
Blakely” Island, plant: of the 1 it old. Berney, who:was~ the senior. trial
; Asiaing. *CO) poration Weng
ew < with’ awarding“-of
proximately” $100,000°».of + material.
tal-contract’ price’ is’ about $1;700,*
nd: vast 4 Sete acl oflumber and
he oN
time,returning |’ later -in’ “the”
praying. with him.’ sees)
/ The..same .care and caution which hes
‘ reine ery bythe sheriff and his
pullding: lof=the’ ways’ u nn rorbiahy eputies- since Brooks entered the. death
ips will: be: beenateucted men begin be ed was..maintained .. | ear ee
pe, .Mr.. Solomon .:F, Glenn. of. Phil- sheriff remained at the: jail’and In ‘close
résident ‘of the: veompany, sald proximity; to. the .death: cell \all of’ last
Zhe ways twill: be: ‘completed. night:in order: to: see. that‘ nothing went
thirty- five or forty:daysh said: awry ‘in*hia pre-axrange
keels | will: then=be* laid.
§ H.C. Qturnan, general: manager’ “ot
mpany, .President.Glenn,’'a’ party of ‘Brooks: Continues ‘His Sravers ;
fg clphians ‘who ‘are“‘financially- inter-| °°’ Last”. night:~ Brooks “continued +. his
and }*several-) local: men .who are prayers,“ seeming: never “to® tire. in Jhis
g with. the:company, spent yester~.|.exhortations,* During the<early “part of
anning: ‘for starting. the work, con- | the -night a.:few~persons ‘called’ at :the
g bids’ on!.material and-inspecting | county, jail. seeking permission: to view
nt-on Blakely ‘Island. The material |. the:"hanging,. but | they: were’’ promptly
sed.'‘represented .*iron :: fastenings, turned: down by. Sheriff: Holcombe:
ygand: ‘furnishings, of ‘different kinds |:°:In’ the, turnkey’s room at ‘the. jail -were
¥ tting the vessels to ethe seen the deputies not on.duty, and with
0 these -Mr.:'George ‘A. “Thomas, - former
county coroner and now acting for Coro-
ner -N. A... Madler; who: is’-out> of ‘the
city. .Mr,! Thomas will. be"? among those
fe provi hong pi in’. accordance
“the work with provision of Jaw. Therevwas: an .ab-
en Fachtwantie =e sence «of levity > among the © knots‘ of
Ase. will be. brought here. froma Phin deputies.” Sheriff Holcombe “showed: the
Jand -elsewhére,; but 1t-4 ~| evidence* of -the strain -he.has’been un-
8 “under-| gergoing ever since’ the discovery. of :the
to be the desire of: the company, to ‘crime ‘and. ‘the «apprehension d :
as many,local men as possible.’ ”\ , 5 ei a atte Sancti gta
viction “of!\Fisher’»:Brooks .*'and ‘Albert
| awarding. of these contracts. to the ‘Sanders, the :t .
’ ‘wo men’ condemned t
‘company ‘means the: assurance. of f he murder. of. Mrs. Hes
iliding of ati least '.twenty-seven |*« he
vessels :/here.:. The Kelly-Atkin- iff cae
nstruction Company .of Chicago is Hanging Arrangements Complete
Oming to\...build : eighteen’ steel-and- <The sheriff said’. everything was in
Mivessels under contract for the gov ‘readiness. for the hanging: between the
nt, ‘the ‘Barrett’ Shipbuilding :Com-'| hours.of '4 and 6 ‘o'clock, not earlier than
has> ‘under. construction:: four “sub- | daylight. ' ‘The, gallows, erected; on’ the
chasers for the government at tha| Upper floor of the jail, and set apart for
“of. s'the. ‘Henderson Shipbuilding }] the expiation of: crimes, was in readi-
mny on. Pinto Island, and. the: Ala-.| ness at the last visit of The Register re-
Dry .Dock. and Shipbuilding Com- | porter. at.an:early hour. this «morning. *
mis* building ‘atthe’ fool! of Elmira]-'The:-rope, a*1-inch . manilla, \ already
a five: hundred ton’schooner, ‘with | stretched, tried“ and® greased, * with: the
ospect: of ‘building a ‘number of oth-} hangman’s © knot’. fixed, . dangled .; from
sels, “'The Scotts have under con- the ‘cross-piece: of the gallows..-The -trap
ion” ae ; shipbuilding: “plant : several,| had- been tried ’several- times -and* re-
above. the ‘city, ‘and’ several’ other | ported to be ‘in first class. working order.
Wants are, known: to be:interested in| The:. electric’. apparatus, connected” with
A ipullding possibilities offered here. the trap and.which' releases the door at
Sar SET TS ad CCC the “proper. moment, .shooting the, von-
‘" d dd d, § dt
ICES: PERFECTED) srmet, covewerd. wes pronounced, te
z Hs th ing of’ the, button to‘! ~the |.
ECOMBAT: U. BOAT catch cheiaing 7: the! floor: on which
Fisher! Brooks’ is to. stand ands face, his
‘ 4 Maker. in, the ‘final hour. ».""4 4! ;
; afeguard ‘For’ , -'The :trap door is 30 built that: when
; esterases $8 a loosened by, the pressing’. of either, of
Vv YORK, ‘Aug. 2.—Plans’ to safe- three buttons, it’ drops down,:* on onv
American’ ships from submarine. at-.| side,, swinging by~hinges and, when it
m@aave been worked out. by.the naval | hits'the post bdélow is caught ana held so
@ting board and ai’special: commit-.} as. to. be entirely away from the ‘figure
pointed. by ;Major.'General George | which had only. the moment before stood
ethals, ‘itbecame known here -to- { upon it..The rope which is to. be used ‘in
when’ W. Li: ‘Saunders, chairman-of |:the.legal. execution of Fisher’ Brooks has
ard. advised 'war ‘relief societies.to|a drop of about six feet, sufficient,’ it ‘is
the system as a‘safeguard for their | said, to’ break’ any man’s neck,. prov ded
pnts. Details of the plans were not the knot is properly adjusted.
public, ’, cae Site Tf “<Two physicians ‘will be witnesses to.
Saunders,’ ina letter ‘to "ohn Mof- | the hanging, besides the acting coroner,
cretary of the ‘federal’ council of | and to these will’ be assigned tht. duty of
war relief. societies, .said. that. the | making an_ investigation of. the body fol-
had ‘been ‘approved by the federal] lowing-the hanging and to,say if Fisher
ities, who are. now putting into ef- | Brooks’ was dead and the ToRAcares of
prough the. war risk insurance‘ by-'] the law carried out.: ;
_premium’ on ships equipped'ac-! Up toa late hour last aight ‘tesoks “had
“to <its _previsions.. Four relief} mot made: any statement regarding the
ghave been nh ooo in. the last three crime for which he was soon to meet his
fate..If. he;makes; any; statement on the
gallows, or before going thereto, Sheriff
41) hy t h
iD OP EN Ss" ee SH OP-| Wend to eatch:every -word-of tt: It ia the
WOMEN .W WORKER RS belief’ of: the a ae that- Brooks: will
say something. « : a i ‘i ss
* ye ‘Brooks several/times during yesterday
“the: ae re A 2.—Loeal was given icecream and cake, by order
fie téday ethat thex-com of the ‘sheriff, although .he made .no
in. this.city: iarav i how ong hg special request for'food of any kind. He
n ae yt © the | showed, no':nervousness during the: day
pon fattocithe: < » Arrangements | o. night,, and.once or twice in the -day,
ing made or the proper accommo- spoke of having killed. Mrs. Hess. . Late
of from 400 to 600' women workers in. the: afternoon Brooks’ wife was al-
machine’ ‘shop, roundhouses, “shop | jowed to go-to the cell and talk with her
and’; other. “departments. The | husband, She, _remalned , in. the ‘ outer
will: be “used in. the: distribution | corridar.-”
terial, ‘cleaning’ “cars” ‘and fe! care- Dr: Johnson and the members’ ‘of his
‘about «the ‘plant... -, church, who spent the: finalshours with
‘women ¢ ‘will. be ‘aid the’ same the condemned “man,. sang. and prayed
the enh for; the same classes | with him. almost repeatedly. -Brooks fol-
i’ lowed !.the. prayers -of~ the pastor. and
deacons, closely, also’ Joining: in the sing-
udge!and'-who.:pronounced,, the. sentence,
of “death: on’ Brooks, The, colored minis-'
palen to secure ratification hyt
will be clouded by this uncer!
age. P
“The duty of the ‘house ds cl
out the Harding clause entirel
“FIGHT HUNG UP>IN
Amendment WII Not Be Consiq
* the December Sesslo b 7
.» WASHINGTON,” "Aug. ‘
prohibition by constitutional’
was' hung ‘up in. the house’ t¢
prohibition leaders ': themselyc%
.The,;resolution’ to -submit)'th ae
t the, States, ‘passed’ ‘yoaterct®
seriate, was put dutiof. the p wet
the. present. session,: atgewill
“untl 4 it : ie
ne‘
sider’ ‘onbess ¢war' leg
doned ' because -:it* was
action \until next: ‘BO88:
Prohibition cause. ei.
5 cena
AVENPORT, ‘lowai"AU
~Wallace, a lecturer, wh
. a
deserted from: the . British.- afm
Volimer, brother of Henry:'Vc
mer Iowa’ congressman; © Earl
‘Charles ‘Weise,’ A.. H. Miller, P
Matthey -and his nephew,’
Matthey, > were indicted by
grand eat {eter Anvestigat n
cases.
“Wallace ‘wals ‘charged in
with’ violating the: espionage#
conspiracy; Willis, “Weise“an ee
who are Davenport attorneysme
ler andthe Mattheys:with co
Dr... Henry /Matthey wen
soon after. as surgeon.
CHARGE ‘0 TREASON "PRE
? eoutslicatied
Wealth Men Past 60 Years ‘Ang
Arrested ~ In ‘1qwa.
: OWDEN?:: Iowa, Aug. 2.—Fo
three of them, past; sixty. yea
rested. by federal . officers’
charged, with’ treason” and ‘rege
government. .Half a dozen. vee
tioned ‘and: it was announcedBy
rests were expected. : This actim
ed an ‘outbreak that approac
between | citizens : and ° pre ‘
night.”
The Mi laosiers’ are A ibexts “Sel
retired farmer; — William”. Ric
furniture, dealer; Ernest. Meir,
farmer; and Carl.Gerht, 36, .-f¢
are reputed to be wealthy.’
United ‘States Marshal Moor®
uty Healy: arrived here from (¢
ids after: they’ had been infc
this ‘town: of: 700 population:
bed of ‘sedition.
STRIKE “THREA
IN: ALABAMA
Operators Given. Until -A
Recognize’ the Uni
BIRMINGHAM, .'Ala., TAU
Alabama. district of . the «Uy
Workers .}of ‘ America ‘this
adopted a recommendation by
committee to strike on’ Aug
less the, Alabama operators
miners in. joint conference. and
the union on or before’ Auguge
The’. committee’s recorg
came after it was announce€
operators ,had failed ‘to res
Invitation to be at a Joint:
‘this .morning. About. 23, 000 i ?
mine workers ‘are: affected.
The’‘report of: the: policy §
asserts that there is no \inteng
turb business activity at thi¥
cause of the ..war ‘situation:
miners..declare they are ‘entith
consideration at the hands of
tors, and if need be there’ will
‘sation of work by members
ganization. fae
The Alabama: Coal Operator ps
tion has during the last few oe
the ‘names of several operat
list.” The ;organization. has ‘rest,
intention. foumaintaln; jan) F
policy. ,
The miners’.
afternoon.’ *
SPAIN °.;DISME}
INTERNED }” U.-8
FERROLL, ! heii , Auge
parts .of*the German. subma a
which is interned here, have
mounted and stored in “thea
oe
wie
Eki
ye
Corunna in a dantaged conditi
sent to'Ferfoll, escorted by ere y's
torpedo ‘boat... The. sailors ee 43
housed’ aboard a. cutter te.
at a hotel. re
‘The ‘captain
day , for ' Madrid," accompani .
German naval attache,“.;
88 MURDER
‘of Crime, He ‘Goes
‘Sheriff “Touches ; Button
Breaks Negro’s Neck—Execu
tion Without, Mishap.
the murder‘of Mrs,°
bile county on the night of May. 21,
last,’ Fisher’ Brooks, negro chauffeur, who
4in‘a final” statement: ‘asserted that” he
Salone was guilty,.paid. the-penalty on the
S/gallows in’ the death chamber ‘of the: Mo-
ile county” jail yesterday morning, going
oO chis: death: without” a ‘word “utte;
a: gallows “and with hardly ‘a fa
His march from the’ elevator in the. county.
uilding tothe scaffold on the third floor..
accompanied” by *Chiéf. Deputy.
heriff ‘William Holcombe and’a force of
deputies, reached. the. steps:..leading., to
“the: gallows.at exactly 4:36.a.m.-and.the
¢ondemned+man,~ his -armg* pinioned- be-
the.steps_without.
rooks:was |‘ pronounced dead in nine
The body ‘was cut down, placed
and, removed .to an
s without hitc
“a wicker casket
ndertaking parlor.” ©,
reviously: had ‘made hia, dying state-
/. Firat Johnson ‘and
murder in: Port: Ar
ped - punishment. :
e, he said, he-was
tempted to ;commit
similar:crime-on a done white woman
but was deterred, through: re-
onstrance of;the fare that he w
husband of" the mur-
. Holcombe,: ‘Mose
he
a
eK sot wn
herift’ Holcombe 1s. Relieve
Sheriff Holcombe . expressed: m:
following the carrying out ‘of the law
‘case of Fisher: Brooks, and. the
o had been equally as zealous
the prisoner and seeing that
hould be no. interference,
fon of satisfaction: that’ it “was
tion had. been: carefully
every. detail having, been. gone
order that:no mishap
en.the sheriff turned
the, current. to the
ng the trap, Fisher
d -from~lifé jnto
as Pu e é
over: thoroughly in
might-oecur, and wh
the: key ‘which sent’
mechanism for’ releasi
Brooks : quickly
tatement:of Brooks, given
r-2 o'clock: this morning in, the coun~-
d..taken by the; court. stenog-
pher,<in: full f *
rT. gure is’ gu
lityof this orlme.’ This
head before now, ’cause
YW was‘ going - to;
Sfter 1° passed -B
he sald’ you are ‘going’
sthe+Cawthon,*‘and I
u said you wanted.to'g
don’ ‘around, and cam
e hotel,:and so I never got. in. nothing
‘else until I. met with: Mrs. ,Heas.,:1 didn’t
Ynow~’ hér “name,‘no-‘more’ than \ what
I have: been/in’ jail. I never
th-her until 1. committed
dy associated mein, this
myself—not ‘a. soul
Sut myself.: I went to the St. An
the: wrong way
said 7I- thought
0. this way, and
“ee Mad! any talk wih
the crime.. Nabo:
WILLIAM L. BREWTON
AT FORT RILEY, KAS.
Mr. William L. Brewton, eldest son of
Dr. W. B, Brewton, of :Theodore, for-
merly* of: Dr. Brewton’s sanitorium in
Spring Hill avenue, Mobile, has written
The Register from Fort. Riley, Kas.,
where ‘he ‘is stationed.. Mr, Brewton was
among ,the first: to jenlist in ‘the ‘Eigh-
teenth; Ambulance },Company, ““Uncie
Sam's ‘first motor: drawn ~ ambulance
company organized.!! 60° 9Y ory Be ees
<The) Eighteenth, ‘ he twrites, is “‘com-
posed, of 119: men, including non-coms,
and under the direotion of Major Coffin,
)| director of ambulance companies at: Fort
Riley, with Captain Stolz as commander,
Mr. Brewton writes that the medical de--
partment: at Fort Riley has grown to: be
a large factor’of the campy oR 5:
2) S'WILLIAM. M. WILLIAMSON... 4%
J William: M., two-year-old’ son of: Mr.
“And” Mrsa.°"W.° M.“Williamson,, died , yes-
terday ‘morning ‘at 2:30: o’¢lock -at the
family home, No. 911 New. Jersey street,
‘after, a brief illness. .) 7p 050 Sa CH
ia MRS..MARY~ LOUISE .DEASON. .
“+ After a: short illness-Mrs. Mary Loulse
Deason died iat: an infirmary in. this
e{ty “Wednesday; afternoon. Mrs. Deason
was a native of this city and was -well
known to a large circle of friends.’ She
was a daughter of the late Henry C. and
Susan ‘Hartley .Baldwin, and {s survived
by one“ son, Mr.* William Deason;. one
brother,«Mr,' J B&ck Baldwin_of: Battles,
and two: sisters, Mrs. EK. B.. Clemmons.
and Mrs..S. I.’ Johnson ‘of New Orleans.
* iy Sad Oo eee ayat *
ss YSJOSEPH HARRY NETTLES. 772
The. funeral of “Joseph Harry Nettles
took place from the residence, 1057:Staté
street, at 4 ‘o'clock: and from St. Joseph’s
Church ‘at 4:30 o’clock yesterday... The
services “were ‘conducted by.’ the-"Rev.
Father Salentin and the interment ‘was
in Magnolia Cemetery, where ‘the grave
was covered -with flowers... The follow-
ing classmates - served -as_ pallbearers:
Masters, Wallace Stout, Oscar Lipscomb,
Dexter: Horton and Alfred Perez, : on
street’ down to Claiborne street—two of-
ficers were standing there on Concep-
tion: street at the; time—that is the rea-.
son I didn't turn in there, and I went
on ; to’ Claiborne ‘street, and made my
turn and got. back’ to ‘Conception street
again.
RLY at
Cut Victim's Throat As She Lay.
_ 'We-was: going over the first bridge
and she said you are: going the wrong
way. ‘This ain’t:the way to. the depot,
and I drove up'in there and asked: her
for her money... I got her money and told
her to get out on the ground and she got
out, ‘and she laid down and I cut her
twice and she hollered twice and I put
my finger. In her.mouth. I put my finger
in her: mouth to keep her from hollering
and she bit me on the finger and after
I cut her twice‘I kept the knife in her.
After I-thought. she was dead I gets back
iri the car and wraps her head up in
the lap robe and put her in the bottom
of the. car, shut: the door and backed on
out.. I.was up.in a ttle road up in there
by-the ‘dump pile. I;thought I lost my
switch key and I had ‘to take the ground
wire loose and put it to the magneto to
start the engine going, and I had to take
my, pocket knife to Nght up the lights.
"J. drove way out the Conception street
road around by’ Plateau. I stopped the
ear out on the bridge. I didn’t stop the
engine at all and I didn’t turn the lights
out. I stood up there on the - bridge
awhile and I didn’t see nobody and I gets
back’ in the car’and‘ gets ‘the lap “robe
and. puts it over°my shoulder and gets
her and puts her“over my shoulder, and
took her and threw her in the creek, and
she made two groans when she hit the
water. She floated on the top of. the wa-
ter and I didn’t wait to see. her sink.
I got in the car and came in a new road
by .Sty.Stephens. road. ° <23 7 « $
* oo° +
Tells His Wife of the Murder. oF
“Thad . missed, the suit case and I
thought I had lost it, and when I got to
Prichard I reached back’ and felt the
sult case, and I had the suit case. T
come on back to Plateau and come over
St. Stephens road and. over to George
street, and I went on home. When I,
went .om home I knocked on the door
and my wife opened the door. My hands
were, all bloody and I-..had. the white
slippérs in my hands, and my, wife asked
what: was the matter»and what did: I
want to do’ with the slippers. I told her
nobody knew anything about it, and to
just: burn them up, and she saj4: what.
you bring these things home for, and I
told ‘her nobody knew anything about it
at all. ;; She taken my .shirt and washed
all: the’, blood out of it, and then the
blanket ‘and washed ‘the blanket. I never
told anybody about it at all until I made
a statement in the jail house, B
“f° didn’t leavé Mobile, because’ 1
thought I would get out of it, Just like 1
did at Port Arthur, Texas, I stayed there
and got out of that crime. Nobody else
’ ot. 1. ~ " vee
town Tt aa«
vlan atin
HUGE GUNS. PLAY
NAL CONC
; Tell How It Fe
“Under Hell Fire Rained By* |:
\British Monsters. es
WITH’ THE «BRITISH: “ARMIES: IN
‘FRANCE, Aug. 3.—It
stand beside or lie in tront of ‘the British §
guns and watch.them’ hurl their. daily
tone of hate {nto the German lines.
quite something else again to be a Ger-
man and have all this hate hurled at you.
The: Gritish remember the davs when
they ‘were all but.gunless and the Ger-
mans: turned ‘upon them their. torrents of
and every day,
off that old score with
terest: that would make
the heurt.of a usurer beat with joy. ©
German prisoners tell :nore and+‘ more &
of ‘the horror of existence within their
lines when the British guns aré in angry
‘ They tell’ also of ' the growing
strain upon body and mind of. the life.
they are compelled to live’ deep in the
bowels of the earth as they can grovel.
cften fighting for the safer places at the
All this is having its effect 3:
upon thé enemy morale, but German mil-
itary discipline has been such’ through
the last forty years that its influence atili
‘holds ‘the’ emperor's armies’ t
worthy-fighting-unita, tre
Captured | letters
from dead or: prisoners depict’ conditions
|in the-German lines in language 80 simple &
as to’ be most convincing. * It is doubtful
if any such letters ever pass the military
cénsor’ and: reach .the intended. destina-
tions in Germany. © They dwell-too simt-
larly “upon the’ “hell’’ o
ting British guns.
It was a magnif
is,one thing to iN
explusive - fire.
they are. payin
a compounded
“diaries taken
f the prepondera-
icent battle spectacle to
watch;day after day the British artillery
preparation for the fighting at Messines
ridge on June 7 last.
teresting, however, td read the story from
‘| the “‘other side” as told in the translated
~“'I copy of a German corporal’s dia
May 28 onward. Here it is:
“May 28—The
more active in thé Wyschaete’ salient.
At-6:35 we proceeded by forced marches
to ‘Menin, where the ‘division assembles. §
We reach the support lines at Comines.
and are:at once greeted by a round of
shrapnel.-°"On we go to emergency and
alarm ‘quarters, lying: in'the meadows as
it is too dangerous in a’ house. “In ‘the
‘} night the firing was almost insupportable,
yet I slept tolerably. well. -°* ad pe
It {s far more in-
See eax st" OOo
“One Cannot,Go to Sleep.”
“May 30—Three gas alarms aS some By
gas shells are fired and gas is discharg-
ed against our front line. Heavy. fire: all
night.’One cannot get to sleep.
“‘May\30—In the
rises-to. colossal intensity; in the night
it: swells and-with the
morning .becomes
& OY ne
1—All day intense © artillery. §
partly; drumfire. -We-are all’ the ‘time
lying on the qui vive, it is terrible. ~
“June 2—We visit the reserve posi-
tlons, It. is an absolutely terrible corner
into which we have come, a regular rat-
trap. I doubt if we ever get out safe.
We: move off and.take up our quarters
in a cellar on the chateau road. From 25
p.m., the English .commence an intense By
fire on the back areas and batteries. As
we are lying just in. front of a battery,
we are. under heavy fire. Every minute
we are heady to bolt. So the endless af-
passes in anxious waiting. At 10%
o’clock’ the English suddenly shift their
fire further south. It rises to drum: and
finally to hurricane fire. At 11° o’clock “7
the signal for barrage fire goes up for-
ward and in the infernal uproar which
now seta in from our batteries and the
enemy’s we are obliged to man the sig-
The English have at- rs
tacked our left wing but are unable tof
concert goes‘ on
nalling . stations.
i cps} until past midnight.
Sometimes. the back area is gassed
front. they say things are i
state, no longer any trace 0
The first battalion.has heavy casualties.
What happened at Arras will
About 11 o’clock :t
give us drumfire, At 3 o'clock a ‘great
huricane of fire directed on the front
trenches; in the evening again heavy fire Bagh 4
on all communication trenches; At night Bagy
gas_shells are fired on a large scale, thegiien,
whole place stinks of gas. $
“June 4—Midday, heavy fire in front.
afternoon increased artillery ac-
he BnglishByng oe
course are .me
of the Kriegschule
régular’ plague
away continually, It is a
spot they have
worse than Arras.
js almost one of de
Throughout three nights ar-
tillery' activity has been i
night: we go up in: relief,
what{fate has In store for us
naon somewhat auleters afternoo
The mood of all troops,
spadr, under ‘the heav;
‘Who knows{}
Tih Ne MCS
State-Introduces New Witness." *:
Pees A RS rs aes ;
Bush ;was introduced on behalf of the
yn
es . to which queryx-Sanders-
fedkit Jookéd brighter.’toa ay uta st uy
/ Brooks <then* paid, * “the: 4 wifhess“-con~
unued,y;that he'would goon the: stand
_Friday-and’shelp’ Sanders out, and’ that
} hée«would tell the truth .on, the .scaffold.
“Txtold: Sanders to shut’ his mouth,”
, the Switness ~said,-. when ‘Sanders, replied
. “Tuam guilty’ ag¢—_i") eestor
The prisoner said that -Brooks and
1 Sanders, continued. their { conversation
( untikvabout 11 ‘o'clock ‘Thursday... The
conversation was reported by'Bush' to the
} jaller-who rreported jt to the-sheriff. The
defenséiassailed the testimony: freely be-
, fore ‘the “witness. was allowed ‘to leave
j the: stand. 2.0: 27553 oe FF as Pay
/ ’The, ‘greater. portion of the evening
j session ‘which continued until 9:30. o'clock
owas given .over to the recalling of various
‘ witnesses, in. rebuttal, and-.corroboration
jotoptevious testimony..~Judge”Leigh an-
{nounced .thateargument /would’ begin this
, morning’ at.:8:30 o'clock. ‘ :
8 AOA GENS OF04 OF
Brooks.-Takes <All Blame :
epi ee Pe ee! ARETE age yee
In‘ hig testimony. Brooks, ‘who gay
real.«name.as Mos Opptoon, took all;the
Plame: on ‘himself, and said;that Sanders
‘nad“nothing to do-With the crime. “He
was*an® unwilling “witness ‘while . the
court “room . was filled, and kept saying
oversand over again, “I'm so crazy -[
issing in my mind.”’,
‘
‘ don’t know what is p
, When counsel for 'the. defense tried to
: draw. out of him the/story of the mur-~-
) der he begged.to be' taken out'and hung,
[tov eh that‘he came }in’the court room
to. clear :an- innocent, negro and didn’t
/ want-to go through the ordeal of narrat-
; ing the. frightful story of his frightful
_crime..:Solicitor Clarke met with little
/better-:success, and just as. the’ witness
{ was being ‘dismissed | from ‘the stand,
Judge Leigh asked hiin if he would tell
) the jury’ the full story)if the court room
» ‘was.cleared. . He consented ‘to do)so, and
/‘all spectators were seyt out. :
i
aes ts Lie | O- Aigo
Tells: New Story: of His Crime. =".
lie i abe Fea SERA aE OSS \
j “Brooks tmmediately changed his’ de-
meanor,.. He straightened up in his chair,
‘ stopped twisting his} fingers and hiding
|» hisv face’ behind -his -hands, ceased his
Mr. James Webb Morton and ‘ride
Spend Honeymoon Here.
Coming all the* way from Bocas del
Toro,. Honduras,’ to Mobile to’ tak: unto
himself a wife, and having accomplished
his’ happy mission, ‘ Mr. James Webb
Morton, in-charge ‘of:.one of the large
fruit plantations of tho United Fruit
Company, finds himself confronted with
a. peculiar situation’ in his effort to re-
turn home. Three’ weeks ago, \ Mr.° Mor-
ton married. Miss’ Frederick, ofthis city..
On leaving Bocas: on*hia‘:vacation,” Mr.
Morton. failed to ‘secure:a ‘passport,’ thr
consul, as ‘he ‘stated, ‘saying he‘ could not
issue one.s Worse els eae A oe
“.Mr.* Morton, accompanied by -hia’ bride
and her sister, and Mr. H. A. Lockwood,
went to,the United States district court
clerk's. office . yesterday... morning and
|oede Tapplication “fon = atpassport.ryThe,
-brideyand::groom 7 were “provided: cwith
photographs’: of: themselves. They groom
stated .that he had, prevjous to ‘accept-
ing ‘service with - the; fruit: company,
served about three years.in the: service
of the United States as a soldier at Fort
Morgan.- He. ia. a. native of © Portland,
Me.’ The papers, properly filled out, with
an affidavit. as:to Mr..’Morton’s service
le. wil
OF . WAR-GRAY:
Pe tae: =f
Bm eed aad SGrete
is Nearing Finish On Former
Austrian {!Steamship. 9s."
“Preparatory © to_ navigating - submarine-
infested seas,.the steamship Lucia, which
‘was taken from’ the’ Austrians and ow
files the~American, flag, is: being pained
a- dull ‘gray’ color. Most..of the paint-
ing of the upper portion of the vessel has
been. completed, and the portion of. the
hull above the water line is being painted
asthe scraping. is -completed. -» Painters
are-at work onthe ‘hull: both fore -and
aft. The final: coat’ of: gray paint -has
been: given the funnel,’ which -was gay
with the: Austrian colors ,when ‘the :ves-
sel was brpught into ports. aes RP
The Lucia: -will ‘within: the next few
days be carried across the river and put
{n dry dock so that ‘the bottom ofthe
hull, which is foul with oysters.and vther
sea growth, may be scraped. With .the
completion of,this work,. she will be ready
to go to sea,“to be ‘used. probably as &
transport for carrying trgops and supplies
to, Europe. ay aod Kota Som a!
AT. oo PRUNE >
Record or.Several:Months Broken
> .By Vessels’ in -Port. x41
3 rah (53 05 tp ie tel
‘ Bight steel-hull ocean-going vessels oc
-* “The. ‘concentration: -of -the + Russian
| the submarine ‘warfare -is--contrary to
of humanity. <:>
there’ is “comparative ‘calm. .
; ment by; Russia's allies had stirred -the
Michaelis Says enygish Giocnade Forced
Germany to Act.
COPENHAGEN, July 20.—Chanvellor
Michaelis, in - his address “hefore the
reichstag yesterday, said-Germany would
not continue the war:a day‘longer. if it
could obtain an honorable peace. Amert!-
ca's intervention was not, regarded with
serious concern. The German fleet, par-
ticularly the submarines, would master
the situation, he sald. . {7 «* Rae
‘ “Although,” said, Chancellor” Michaelis
to -the’ reichatag, ».'English .statesmen
knew, as shown by: their blue: book, that
Russian mobilization-must’ lead? to “war
with: Germany-;they addressed ‘* not a
word of warning to Russia against‘ mill-
tary measures, while my “predecessor in
instructions July 29, 1914, ‘to the ‘ambas-
‘pador’ at: Vienna directed him to say
that -we would. willingly fulfill our; duty-
as 8 -aitysbutrraust, ratusento; permit! oury
‘selves: to-;-be “Anvolved ¢ iva Nworldicwar-
our~coungéls."The ‘man who’ wishes to
kindle’ a‘ world fwar.: does not write.like
this: but a: man‘who is: laboring: and has
jJabored for’peace to the utmost.
army ‘compelled Germany to seize ; the
sword. There was no. choice left -to us,
and, what: is true of the. war, itself is
true’ also of our weapon,: particularly the
submarine. We deny the accusation that.
international law and. violates .the rights
ease BS Oy nate g Yaa:
Pea ooo” ey S08
Says England Forced Weapon. '/ =>’
“»England forced: this weapon in, our.
hands through, an’ illegal “blockade. Our
hope that America,.at’ the head of the
neutrals, would check English. illegality
was vain, “and' the final »attempt “we
made by an honorable: intended ‘peace of»
fer to avoid the last extremity failed, ~~
-""Phen Germany had to-choose this last
measure,.as :a ;counter measure ‘of self
defense. .: Now’ also ‘sit *must® fearry/ it
through: for .the- purpose -: of shortening
the war.‘The* submarine,-war:{s ‘accom-
plishing | all ;:and\. more than :.all ity is
expected’ to. 4 a 9 tas eG
4
sok SARE A i
“I declare,’ -in- fact, that “the ‘subma-
rine war: accomplishes In the. destruction
of enemy: tonnage what it should. It im-
pairs England’s economic life. and the
conduct of the war month to month, in
a growing degree 50 that it will not be
possible to oppose the necessity for
peace’ much longer. We can look for-
ward to the further labors of the brave
submarine with complete confidence. The
great’ Anglo-French ' spring offensive in
the west has. been shattered by armies
which show their unbroken power, and
superior ability. ‘ tap Se ce ee :
"In the east, in consequence of the
confusion :in Russia, the attack by Rus-
sian . millions. did not materialize sand
“Only after false ‘reports and incite-
Russian ‘soldiers did the present offen-
‘zation ,every othe
cults.ry sath ee)
‘
Tay
Re irs
mg .
Ul sBINDING -b
Aaa ar nee a
Every Activity and Enere
“~ Over” to” Uncle, “Sar
* ee Patriotic.” Duty.
“ Can Ee Nah el
pO ea ee gt eee ages
ai The. Associated |Press 'm
“did ‘its bit’ for “Ungle; Sam
and ‘last night-in :trapsmitt:
newspapers’ of, the=n ation
the army drawing Washi
‘) Probably¥for, the: firat tl:
history. of this’ news collecti:
é ‘activity
pendgd\to-: erve:s
Early; in Mines ay:
\through' Austria-Hungary * disregarding tron Nou rorene Molgilte
general manager. ‘ot <the
Press, that’ when /{he< trans
the results j started, noir
shouldbe madetexcept'to s
ns-on-news. of;the most.vi'
; riick Vee Log FADO: +%
Entire: Facilities ‘Handed: Ove:
As a ‘resuft<the eptire. fac!
Assoalated “Press, with its. t!
miles: of ‘wire.and.:jts -hundr:
“| graph’: opérators,;weres thre
service ‘of the government In
evéry man’ among*the.ten m
tered would know:at the ear!
moment. when he;was tobe
At :8:52- o'clock’ yesterday |
first. number ;drawn—258—wn
The Mobile-Register. and the
papers. served by*the* Assoc:
From: '‘thatiitime*on }untiL" fa"
night? this: (Saturday) morn!’
most important’news :was ha:
Associated, Press’ oyst ite
Ci aAN fe
» One“of. the. exceptions w>
from Copenhagen ‘announcin:
of the new .German |chancell
even war or the ti Je inter
ance -inGermany could. dir;
portance the news of. “W
first in the great tional
United States to ficht the |
° ant ~ (92a 0
Numbers Get Precedence On
Baseball: box scores were
Market reports .nevor got w
ing distance of ‘the’ busy ¥
clattered and clicked the en:
sion of numbers being , pluck
great glass bowl inWashin
The ‘gigantic, loftery had
country ‘enthralled,, and’ ther:
terest. in anything else unti
‘the 10,500. numbers, ~encas
black: capsules,: had’ been r¢
That is why the Associate!
‘/ ynumbling and his stubbornness vanished.:|cupied berths at the :railroad, piers in| oily. develop. Its goal was Lemberg and |ed its patriotism.
) in‘, clear . tones, --without hesitation, .and|the river yesterday ‘afternoon. . This i8|prohobyez. General Brussiloff, with all ? < >
}. pot-tripping’ once or repeating himself, the largest number of ‘vessels, of this |i13 enormous sacrifices, has gained only KERENSKY TS i
* -he.\told. apractically .new story, which class that have. been“ at. the Jraflroad |, ‘slight advantage. <A halt hour ago I, Par. D
aS pete ow about. the, sixth or seventh he has ga hed here at Meo ee ean haasl received the: following telegram from the PREMIER : IN : Kk
related 38 BEC Re a ag ek | There Were ve isteamships, : 3 marshal: .: sc. $0 fee sees ee Se i
fshd marshals goes! | REMAINS WAR
| “Exe-committed the’ crime by ‘himself, | barges and one square-rigger. - They. are .
he.isaid.::’He had-.‘no conspiracy with
\/ Sanders to‘rob ‘Mrs. Hess. No one was
) in’ the ‘car with him when’ the crime was
committed.!~ He} got ‘her. at the St.” An-
taking on cargoes,
rival of cargoes .by rail in the’ case’ of
the coal barges, for ‘shipment to Cuba,
South America and: Great Britain."
or awaiting ‘the-are| 4 tes Message From Russ Front...
.'Provoked, by the Russian ottensivey
in Galicia, a: strong attack was inaugu-
Lyoff Resigns in Cabinc
"New \Minister of J
- Named.
r nis
ey
‘even through. the “eleventh | graphs. '
ew'at 2 o'clock ‘in the.:morning. Drove | ‘‘There are several other, steel-hull ves-- rated today under the personal leadership Pair sf
2 r PETROGRAD,. July’:* 20.-
otiim: the road where he stopped the-car} which are lying in the stream, awaiting | mans, supported by the Austro-Hunga- | Gazette . announces that -P)
eek Be ESR EM, P EEN Mi
iad'no money but would write him out 4 MOBILE “"“General * Brussiloff’s gains,” therefore, will . temporarily: retain » his
928 UE NS Mg B.S
: ““Greece was forced. by violence to en-
took herby: the hand.*.She stepped down ter the war against us. Our‘common’ post:-of minister.-of' the in
, ,dress:and drew out four ‘five dollar bills “Italy, Dia ts
fr’and. a’silver dollar.*.(Her husband saidj \:$)) j “ vty Isonzo battle against our war-tried Aus- |. M. ' Nekrasoff' has ‘been : |
‘An egg plant eleven inches in circum- tro-Hungarian’ brothers, will not be able visionally as’ minister“of ju
t:Royal to Sti Francis, out St. Francis | sels in’ port undergoing repairs/and sev- : .
Conception, ‘out Conception to a lonely | eral . wooden sailing |. vessels,’ most of | of Prince Leopold. of Bavaria. .The Ger-
ad. asked’. Mrs. “Hess for: her®. money. | perths...4-*="% zy : { troops, broke through the. Russian has resigned and :that Alex:
heidid not scream, but told him that she mettle - EGGPLANT positions near Giodzow.! » ee rensky' has. .been,.appointed
sheck." He said he wanted money, and Sate h been’ equalized. | - = minister. of war ‘and marin:
he opened the door’ of the automobile and MEASURES °1l' INCHES OG . ; ''M, Tseretelli has’ been ap!
) .into%the’lonely. road, “never® uttering a cal : re . 4 1 i was held by'’M.-Lvoff, but
word,:and reached into the-bosom of her New St.Francis Street Gardener pai with, the’ brave, Bulgarians stands was eld OF minister ‘of po
08 Successful Enthusiast. 2% SRI gd age
\y he gavevher fifteen one dollar. bills, a five ;
‘dollar: bill, .two-.dollars’»:in silver and|férence,. of splendid form;and color, was|to attain the onl of its breach of faith | of ‘M. Perevelzeff;who res
j eighty’ cents in change). ;Mrs. Hess-then | sent to The Register ‘last night’ by :the | —the a aekeahet of ‘Trieste. ee Vaaye ere t Resa
/ bit him on the finger, he said,’ displaying
‘the xmember to the jury. ‘After that he
FXwenticrazy and didn’t ‘know what hap-
penedsi: I, didn’t: “touch * her. clothes,
gentlemen,”| he. .sald. _There- were’ no
screams;“all was silent as the nigh F
EAS AGaEY yin Or OOo ang
a +S) ee $.Qut to Chickasabogue.: |». :
Whey cheat Pe ens eva cS hi ie a
: gates, “not plain “how Mrs,.-Hess got
backiinto’ the:.car, -or if she was dead
vwhen'she did get in, but Brooks had the
4 “oar Zspeeding” out the Conception Street
4 Road through:Plateau by Cawthon’s store
4 and-on. out’ to the, county bridge ‘over
ckasabogue. “He never blew hig horn
‘he approached the bridge’ and met:no
; n the road going or coming.. When
otson the’ north side of \the bridge
@ he'’stopped his car, -got:out, wrapped Mrs.
“Hess"body’.in his taxi ‘blanket, walked
“out’on'.the bridge “and threw it over into
the:’stream.- He - stood.there “for'/a few
Re
dy.:The body did ‘not: sink.
yas. soon,in his car’ speeding back
the “¢d
He,
,. through’*: Plateau’ ‘and
a
Toulminville’ by - the. St.-
home-gardener. living at "108 .New St.
Francis street, who ‘did not give her
name. It was grown in{her, back yard,
she stated, where. she hds a small tract
of: ground under cultivation which - has
furnished all the vegetables: needed for
her table’ during the® summer, with no
lack ‘of-variety. . The a of the
garden required only ;spare :time, which
was regarded as -recreatfon rather; than
work. 73:55)37 6 230 ee th aes
NO. MARKET ‘REPORTS
COME OVER A| P.:WIRE
Draft Numbers Are Given. Prece-
eae = dence, Over. Usual News. \.,-.
night over the Associated. Press wires,
which! were engaged: until! far into the
\minites“and watched it ‘float around in night transmitting the draft numbers,
‘and. during’ this’ time* only. matters ‘of
greatest’ 5: importance’ “took} *precedence
ovor,-thé: “draft: reports. Lhe same’ .rule
plied to ‘general news. .'The!: re-.
ceived...» showed
‘Sloned - higher} than”-the! opening: on » all
i teseytegt ans fA ALY
Tos a
a
phe — ‘| wut Not Cede German Soll.”.
-*'No. market vreports were, received, last}’- ;
‘We look without serious concern upon
the optimistic sentiment in the entente
countries caused by America’s interven-
tion. It-is easy to reckon how much
tonnage is necessary to transport :an
army from America to Europe, how much
tonnage is required to feed such an army,
France and England are scarcely able to
feed and supply stheir own armies with-
out influencing the economic situation
still further... After our previous success
we shall be able to master: this situation
also through our fleet, particularly the
submarines. That is our firm conviction
and assurance. We d our allies, there-
fore, can look forward. to any further
development of, military events with calm
security. oy Oty heer eee
tee oo 0
“The burning question..in our hearts,
however, is how much longer’ the,war is
to-last.;: With. this I, come. :to’ a matter
which’ stands: in. the. center’ of “all our’
interest. and, all..our: proceedings today.’
Germany did ‘not desire the war in order
to--make ‘violent. conquests”.and,”.‘there-:
will-not, continue “the war, a”
MR. HOLBROOK
FOR COMMIS.
Two, Alabama\Senators
Congressman; See
\ WASHINGT‘
THE MOBIL!
; «© Washington, D
. Senators Bankhead; and |
Congressman Oscar |L.. Gr
President {Wilson “this a‘
urged him’ ‘to. appoint Ma
of Mobile: to, the :Intersta
Commission. : Fyfe
They .told the president
had the endorsement of the
‘|of Mobile and:many other )
ple in: that section, and th:
would. ‘make an.able com
cause of his many. years ¢
the -railroad “business. ." Mi
agent for the Southern Exp
in Mobile. wed ek so get
The president: lIjstened 1!
said he would be.v@ry, ely
Mr. Holbrook for the place.
{a‘ the. only, ex Fa
x
, $F.
iene:
wy wfternocn Pui did not go about the
city and was seen at the county jail early
in the night. i ;
The executiom of: Fisher Brooks was
‘the second in the present term of Sheriff
Holeombe,. Mose Cunningham being the
-" 4 first to:be hanged by the county official.
P Sie OOD. ¢
heriff Holcombe !s_Rellevede.:~; ape
{Sheriff “Holcombe . expressed: much ‘re-
Met. following the carrying out of the law
{nthe ‘case of Fisher. Brooks, ; and, the
eputies who had been equally as zealous
ding ‘the-prisoner and seeing that
nce, also gave
hav-said’ you:are going\ the “wrong “way:
‘tp -the+Cawthon,* and I said 3I thought
zou said ‘you: wanted to ‘go. this..way, and
ysturned ‘on’around and’ came back to
poe poteleane so I never got, in‘ nothing
ise until I*met with Mrs. \Hess., I; didn’t
a her#name, no more than’ what I
© apt “sinice-I. have- been’ in‘ jail..I never
$'Had any talk ‘with her :until’I committed
aoe: ‘the crime.: Nobods< associated .me in: this
gnurder,’noVody.. but-myself—not. ‘a. soul
t. myself.::: I. went .to the St. Andrew’s
tel-and idrove. down St,* Francis street
o'-Water street and up. Water street to
eauregard- street and went: Beauregard
switca key and t had to take the ground
wire loose and put it to the magneto to
start the engin« golng, and I had to take
my. pocket knifa to Nght up the lights.
“I drove way out the Conception street
road around bv Plateau. I stopped: the
car out on the bridge. I didn’t stop tha
engine at all and I didn’t turn the ights
out.: I stood up there on the. bridge
awhile and I didn’t see nobody and I gets
back in the car and‘ getsthe lap “robe
and puts it over my shoulder and gets
her and puts her’over my shoulder, and
took her and threw her in the creek, and
she made two groans, when she hit the
water. .She floated on the top of.the wa-
ter’ and I. didn’t wait to. see. her ‘sink.
I got in the car. and came in a new road
~ +
./'T -had» missed, the suit .case. and I
thought I had lost it, and when I got to
Prichard I. reached back'and felt the
suit case, and I had the suit case. T
come on back to Plateau and come over
St. Stephens ‘road and- over’ to George
street, and.I ‘went on home.’ When I,
went on“ home I knocked on the “door
and my wife opened the door. My-hands
were; all. bloody and I~had. the ‘white
slippers in my hands, and.my, wife asked
what, was the .matter.,and what: dide I
want to do with the slippers... I. told: her
nobody knew anything about it, and to:
just’ burn.them up, and she saj4: what.
you: bring ‘these things home for, and I
told‘ her nobody knew ‘anything about it
at all.;:Shetaken my shirt and washed
all-the: blood out of it,’ and then the
blanket and washed ‘the blanket. I never
told anybody about it at all until I made
a statement in the jail house. Ake
“[ didn’t leave Mobile, © because ~T
thought-I would get out-of it, Just like 1
‘did at Port-Arthur, Texas. °.I stayed there
and got: out of that crime. obody else
was.in this crime at all but me. I.car-
ried the suit-case home and carried il
over to’ Lela, Evans’, on Hospital and
Brazil streets, ‘cause I told her I would
bring ‘the suit-case over there and that
I was going: to-carry some: blind -tiger
x > het We
acre PAP OOD? ;
Wife Sole Confidant, He Declares.
,"That was Thursday night. IT met the:
1:40 train that night; that was the night
they ‘found. her body. ‘The black shoes
were burnt up that night, ‘chursday night,
‘land I met.‘the 1:40 train that night. I
*Malied Milk
Upbuilds and ‘sustains the body
No: Cooking or Milk” required
d:for ¥3 of a:Century
ubstitutes Cost YOU" Same Price. ‘
FARKER'’S -.
HAIR BALSAM
A tollet preparation of mrrit.
- Helps to eradicate dandruff.
For Restoring Color and
Beauty toGray or Faded Haiz.
A 56. and 81.00 at Druggista,
brought the other things over.to Lela's
in the suit-case and left them right -in
‘J}the. house. My wife knew I left. them
there... Lela ‘Evans is on Hospital and
Brazil streets: and Mary put these things
in herself.:; I was-arrested: the next: day
about 12° o'clock. They had: me.‘one
time, but they didn’t’ lock me up, and
they let’ me go, .bul they never did let
me go'after: they locked me up. Nobody
discussed this. case with. me at all. and
nobody knowed anything about it until.I
madea'statement in jail and what they
knew about it.in the courthouse. Nobody.
but God.and ‘my ‘wife knew about it.- I
realize that you.are taking. this state-
ment*as the truth and nothing but lhe
truth, and I know if it isn’t the truth,
:‘|God knows it, and He will not spare me
if it is not the truth. ‘If I was not tell-
ing the truth I would be going to hell
now. Iam. positive that nobody ever
induced me-.or encouraged me or helped
me. in any way..to. kill. her—nobody in
the world. o8 om : ‘
"“Mary~told_the ‘right. thing ‘up -here_
and she asked me how dig you do that
by yourself, and I told her ‘that I done
it by. myself alright and I told her no-
body .else knows anything about it, and
when I went home to dinner that day I
told her. to. keep her mouth shut, and if
‘| they.take you and lock you up don’t you
“FUNERAL NOTICE.
SON—Entered into rest. Aug-
at 2:30 a.m., WILLIE M., only:
d.Clare McBride’ Wil-’
fll: New Jersey street, THIS | (Saturday)
‘MORNING at’ 10:00. o'clock. |)" 7.86 4.43
say ‘ nothing, .~ : ‘
“T'give her five dollars the next: day
and-she went up town and bought her-
self a new dress and some new shoes out
of the five dollars...Albert Sanders is in-
nocent, and if you hang Albert Sanders
you will’ hang an innocent. man.. I feel
fine about the way I have ‘been treated
by. the officers. here and by the judges
and everything. Also about the sheriff.
of this jail and the Montgomery jail. .I
had a fair trial and the lawyers who rep-
‘| resented: me were fine lawyers and* tell
“; Jackson = Streets. 8
Both Phones to Office.
Sr Aber
Fab
them all good-by- and much. oblige . fot
what they did. i
‘TI have the best feeling as to all the
officers. here and I am willing to say that
I know of:no reason for complaint, I
don't think I could have’ been treated any
better if\I was a white man, or if I had
taken a stick-and hit somebody in the
head with it. -I want to.thank.them all
for keeping me this long and letting me
make my peace with God. I realize that
if it wasn’t for their goodness in protect-
ing’ me and I, would have heen lynched
and I.want to thank them all. I have al-
ways been a bad boy and I want al)
members of my race to be warned,by my
end, I am twenty-seven years old and
was born in Monroe, La., and have been
in Mobile about three yeara or a_ little
over.;. My right name is Mose Hapoon.
Tam giving this statement as nothing but
the truth and I am going to judgment
ag nothing ‘but the truth.’ «+ ©,
herent ee partment
We movo off and take up ove quArtora kent
in a cellar on the chateau road. From 2
p.m, the English commence an intens
fire on the back areas and batteries. As
we are lying just in front of a battery,
we are undor heavy fire.” Every minutey
we are heady to bolt. So the endless af-i%
ternoon, passes in anxious waiting, At 10%
o'clock’ the English suddenly shift their
fire further south. It rises to drum:and
finally to hurricane fire. At 11° o’clockiege
the signal for barrage fire goes up for- *
ward and in the infernal uproar which ie
now sets in from our batteries and the
enemy’s we are.obliged to man the sig-
nalling stations. The English have ‘at-
tacked our left wing but are unable to
advance. The infernal concert .goes’on
until past midnight." “\- 7. oa
“June. 3—Heavy ' fire all the “night.
Sometimes,.'the back area is gassed. In
front. they say things are--in-#fecclis,
state, no longer any trace of trenches.§
The first battalion.has heavy casualties.
What happened at Arras will happen to
us: here,’ About 11 o’clock the Hnglishiy
give us drumfire, At 3 o’clock a ‘great
huricane of. fire’ directed on. the front iam
trenches; in the evening again heavy fire gee
‘on all communication trenches: At night Be
gas_shells are fired on a large scale, ‘they
whole place stinks of gas. ae
“June 4—Midday,’ heavy fire in front.
In the ‘afteynoon increased artillery ac-ie
tivity, in’ the’ evéning: heavy. bursts o
firing in front,‘and everything 1s again ies
heavily gassed. Lively fire continues the
whole night.: Many: casualties.. The meng
of the Kriegschule “course are meltin
away continually. It is a regular’ plague Bade ‘
spot they have pushed us _ into again
worse than Arras. The mood of all troops
ig almost one of despair. under the heavy
English ‘fire. > ke * de
“June 6.—Throughout three nights ar-
tillery’ activity has been- intense. To-fi
night:,we go up in: relief. Who knows
whatifate has in store for us. -Fore-
noon somewhat quieter; afternoon all the
wilder. _We are half mad with the fir-
ing. If only.the English would come
0.
ca
soon: then the.whole thing would be set- fia
tled and this hell have its end. The fouri®
days up,in front fill. me’ with . horror. a
Several heavies fall close to our dugou
and.-we are: forced to. flyf for refuge to
the telephone dugout as/it offers moregy &
protection.. Not till 10 o’clock does the
heavy bombardment. cease; then - only#
shrapnel comes into play.’ Towards mid -—
night the bombardment increases and all
the .routes of approach, are kept under
fire by the English. : \
- “At 12 o'clock our relief comes and w
are obliged to advance in the most vio
lent shrapnel and shell fire. . In. spite-o
the mad fire on we go. ‘
* MEL DAD De en
“wilder -Than the Fires of Hell. - :
“At 12:30 we reach the gigantic Raab- ny
wald shell-crater field. : Under fire whic
comes wilder than the fires of hell,’ we
advance: from shell-crater to shell-craterpymms
to the’ Dammwesg.; From here we go t
the right and.le provisionally in' shel
holes’ and not till Jater in the blown-infggy
dugouts. All formations are broken up
the company is in confusion, no grou
together. Already many casualties have,
occurred, but*these cannot be ascertain-Fy
ed as all Js in confusion, I get into age
dugout. which is at least splinter proof
In the dugout we are all on top of ong
another, we make ourselves as small acy
possible but ‘everyone wants to find ¢
place. In the morning the fire is bear faq
able; in the afternoon it again grows s¢
frantic that we may well despair. Tt 13m
hardly imaginable that man can: bear -6@
much. We are all half-crazv.” - ek
Here the diary ended. But a partla
narrative of the last day of preparatioy
{s told'in a letter.dated ‘From a Shol
Hole in Hell,:é6th June, 1917." » In .par§
it read: * . ‘- &
“Thanks ‘for .your.kind letter. >I ang
still well,. but. quite discouraged. Yous
have'no idea what it‘is like—fourteer
days passed in. hellish fire, night an
day. In this marvellously. beautifu
weather we crouch together in holes an
await our doom. The dead here ar
piled up by the British artillery along,
which is far superior to ours. Many ar
dead, too, from gas poisoning. Our dl
vision has lost 3,400 men in barely thre}
months. Weare quite helpless against?
the English. Thirty men have. bee
buried in mine galleries and are burn?
{ng in the bargain. Everyone refuses
to go to the front.line. Our heads ach¢
from gas. Cigarettes taste of gas. Ow
artillery cannot fire in the daytime. Tom
my sees it at once and it all dies away
“A terrible, devastated region. Such
a pitiful Ufe.. No food, no drinkinsg§
water all day, and the sun burns. A
midnight dinner and at three in th:
morning coffee, but not always, as it
every act is danger to life. We all loolf
forward with joy to being taken prisoner
If not soon relieved we will go mad, w&
are already muddled. There are artil-f
lerymen, ‘infantry and flying mon hereeud
from Arras. They say Arras was the
golden age compared with this time Inj
hell, The English want to shoot us dowt.#
not make peace. They do not need in
fantry, their artillery, is enough W
dare not let a glimpse be seen of us.
Next morning at dawn the British at
tacked, They swept the demoralize
Germans back out of théir positions an
established - themselves in’ a liné. prep
German ae Pe
‘ed
Ye eee < Tea Tae ae
Te 10,
3—N 0, :
A
SMO BILE®
"mony OF. White Prisoner
‘Who. Quotes‘ ‘Sanders’ ‘As
Confessing’ His Guilt.
abs
eal SILENT SA 29, END
Hess Did’ ot "Scream.
But * Offered: ‘Calmly *‘to
Write Him a ‘Check When
a Brooks, ‘the idasntncs
¢ ‘murderer of Mrs, Julia “May. Hess, -was.
‘the star. witness ‘for: the*defense, and
‘Dr.’ , Eugene‘ Thames, “prominent Mo-
bile -physician, -was:the* star “witness
‘for. the: prosecution in: the,*case, of ‘Al-
‘bert: Sanders, on: strial“in“the-* circuit
urt forJoint complicity’ with’ ‘Brooks
ithe’ ‘murden™ of+ Mrs. °:Hess.::”:. The
grime: was*committed: ‘in® this > county
é on ‘the,‘night’ ‘of .May 20S last..%;Mrs!:
Hess Was gassing through; ‘the ecity
at” Fulton, 7 VAla.,";'to
to! visit: a: ‘sick’ ‘sis-
seen: tof’her‘* ‘alive was.
t fated Sunday
~pight}en: ‘route, suppo edly,:to the:
nds, depot in, .Fisher..Brooks* ‘car. !*"{
In his* stimony’ Brooks ‘took all
‘tha “blame upon.“himself, “bu
éning aE Fred’Bush,
1 on: "a- charge: ‘of grand.larceny.,
That ion “Thursday,” for “disobedience ’ ito
Pisrons then:
nued, that he:
riday™ end’ help mould 66.) tout!” “and: ‘that
phe: would tell the; truth von, ithe scaffold.
5 a told Sanders. to: shut “his mouth,”
@. witness : gaid,- when‘ Reneere replied
*eI-am, guilty ag," -; Tote Pies a
> continued © conversation
Until }about!11< roclock’ “Thursday. The
conversatidn was reported by*Bush*td the
Jailer-whorreported: jt to: the sheriff. *The
defense assailed the testimony: freely .be-
ore “the ‘witness’: aWwas: plowed : sto: deave
my sche. stand. wi 72% 25 92 : ue ,
# The « ‘greater; portion™ of’ 'the evening
a Session which * continued ‘until 9:30: 0° clock
‘yas given..over to the recalling of various
Switnesses,in® rebuttal,and” corroboration
Of*-previou stimony:: JudgeLeigh an-'
nounced . thateargument ‘would: b this
poring: oe 330 - O’clock.:4
72
PB
BROOKS. SAYS_ VICTIM
| BRIDEGROOM. = DENIED
p-pridey end: “groom. “were: “provided” ‘with’
oy:
GREENVILLE," Ala. 2 guly 20. Headed,
by. its: crack” band, the® First.) Regiment,
Greenville ‘early" this” afternoon..
Mrs. ‘Maddox, « “with. the* ‘golonel’s ‘atatt “0 Of.
ofticers,; “headed” the: "men: OR:
Greenville. early” today *. “to” ‘go out’ and
meet the soldiers* and: accord” them a
hearty welcorhe to the city.” County ‘and
city officials were, zincluded In? :thi num’
bere: reg hoe SAD GA Hy a
Camp \was pitahed ‘on,’ Conecuh street,
and the regiment will remain -here uutil
early Monday morning? for’ the last lap
into. Montgomery,.. sixty! miles from. here.
A.mumber of short “stops will “be made
between Greenville’ and Montgomery.
* General Steiner of the Alabama Brig-
ade,-a/native of Greenville, will!be here
to. review-.the- soldiers Sunday,, hen: a
regimental parade will-be held.’ bie aed
Greenville: is doing everything’ possible
to -make .the ‘stay of’ the, soldiers; pleas-
"| ant, for the: people of Greenville and sur-
rounding country are glad to‘ have ‘them.
“A ‘large number of private enterlain-
ments are “being; given the .officers and
men, . ; Saturday afternoon: a ~.paseball
game ‘Will be “staged,: Greenville» playing
a team made’ Up. from: aseballl:s men, : iin
the regiment. ° : ‘
uSpecial veliseust carylaew’ will’ be “held
at each’ of’ the: churches*in the ‘city on
Sunday.and at. noon a'picni¢’ dinner will
be? given’. to’ members ‘of the regiment.’
The dinner will be furnished by ‘the citi-
zens .of- Greenville. and surrounding, couns,
Let FAN: pil |
* ile de “kas
A patriotic’ moottng
in: the: day,-and’ music for: this’ will. be
furnished by ‘the ‘regimental band.sig-#
PASSPRORE.=TO : BOCAS|\:
yekea,"e.
“James ‘Webb* ‘Morton and ‘Bride
seas Spend: ‘Honeymoon. Here.
TCoraine ‘all \'the way’ from‘: Bocas del
Toro, Honduras,to* Mobile to?take unto
hituself: a wife, and having accomplished
his \ happy “.mission,:' Mr. James.; Webb
Morton,.: in? charge. ‘of,.one -of the large
fruit plantations - of”: ‘the.’ United: “Fruit
Company, .finds himself ‘confronted’ with
&.peculiar ‘situation~in’ his effort tg re-.
turn’ home. ':\Three, weeks ago, Mr. Mor-)
ton: married’ Miss Frederick’ ofthis jeity.
‘On’ leaving Bocas: on‘ his‘vacation,” Mr.
Morton: failed. to ‘secure’ a. passport,”ithe.
consul, as ‘he + tated say! & he: could ; vot
issue: one.* 7 Pk 4 ty a
“Mr.* Morton; ‘accompanied by his bride
and her sister, and Mr. H.-A. Lockwood,
went to,the United States district court
clerk's... office , yesterday. .morning:.and
‘made * Tapplication, fon” ax “< passport,* ‘The
photographe” of «'thamselves., The :‘groow
stated -that he had, prevjous, to accept-
ing service with the; fruit’ company,
served about’ three years: in the service
‘Morgan.- He; is:.a native of - Portland,
.Me,’The papers, properly filled out, with
an. affidavit as;to Mr.. Morton’s service
at. Fort Morgan,..were yesterday after-
noon’ forwarded. to Washington,’ In,the
meantime: the young -couple. will heya, to
spend: their” honeymoon in: Mobile. 0°."
Hebe GIVEN. “COAT.
aa aa ting’ Things:
‘| infested seas, the steamship Lucia, which
was'taken from the Austrians. and how
flies the “American, flag,, 1s being’ pained
eal, yname.as Mose. Opptoon; took all, the
lame an hi aicelf snft that Gy
a rdera
a dull ‘gray color. Most of the: paint-'
Ine of the wnner portion of the vessel has
ALABAMA TROOPS
Z: MAKE: ‘GREEN VILLE
STAY: ‘TO. ‘MONDAY.
4! Gen. Steiner™ Will’ Review: ‘Regi-
‘|REICHSTAG’S V
¥ Third Reading Wr; War: aly Bill
Col,” and ‘
will - be held ‘ater:
of the United:States as a soldier at Fort}
INDEMNITY. ve
pote Fifteen Billion’ Marks: Passed “
io
ey
a i mre
NEW CHANCELLOR INDICATES
“NEW, YORK. "July, 20. CC neahemela
Press “Summary. )—After * Imperial
Chancellor -.Michaelis™ had’ declared
that.Germany would not‘continue the
war a day longer if it ‘could obtain an
honorable peace, ‘the reichstag adopt-
ed the’ majority* peace’ résolution
calling for peace without annexations
or indemnities,: and » passed © ‘without
tee
. The. reichstag adopted ‘the masevey
peace resolution by;a ‘vote of: 214 to
116, with seventeen not voting. wis te
The "new, chancellor,.” “in his Sfirst
phivees’ to thereichstag,’’> made } no
new important declarations, fomenrn-
ing the war, Fie jie EG Be
«He declared ‘that ‘the (work of: ae
submarines ' was upto ‘expectations,
and that. the U-boats would master
the « : situation. % ‘America's: iinterven-
tion in ‘the’ war ‘he: did not’ re aoe
with serious concern.? | %3%;
DEFENDS "SUBMARINE “WAR. © :
Michaels Says “English ‘Blockade: Forced
sot haan Germany . to: Acts: PAR ates
4 COPENHAGEN.’ ‘July’ 20.—Chaneellor
Michaelts;. in + his .address:*\before the
‘Teichstag. yesterday, said. Germany would
not-continue the war:a daylonger. if it
could. obtain an honorable peace. Ameri-
ca’s intervention’ was not, regarded with
serious concern. The German fleet, par-
ticularly’ the submarines,’ ,would master
the situation,”he said.’ .
*.“‘Although,” said. Chancellor; “Michaelis
to’:the*.reichstag, ‘English ~istatesmen
knew, as shown by.their blue book, that
Russian mobilization. must lead» to. ‘War
with: Germany -: they addressed ‘* not a
.word of*warning, to’ Russia against mill-
tary: méasures, while my predecessor in
instructions July 29, 1814, to the ‘ambas-
sador at: Vienna directed him to say
that we would willingly . fulfill our, duty:
as an‘ally*but-must ‘refuse*te permit’ oury
‘selves "to- be’ involved in.a :world. war
‘through’ “Austria-Hungary ° disregarding
our coungels. The (man: who: Wishes ‘to
kindle’ a/ world fwar does'-not svrite. like
this but a’ man who is- laboring: and has
labored for’ peace to the utmost:
‘“The:- ‘concentration: -of -the,: Ruaslan
army ‘compelled Germany to ‘seize the
sword. There was: no.choice left to°us,
and, what is true of the. war itself is
true, also of our weapon, particularly the
submarine. We deny the accusation that
the “submarine ‘warfare ‘is -contrary to
international: law. and- violates reg vheboteg
ot hi hee i 0 ?
| rasan forced’ this: ‘weapon :{n, our
hands: through , an™ illegal” ‘blockade. Our
hope that: America, ,at! ‘the ‘head of ‘the
neutrals, would check English illegality
was ‘vain, and“ the ‘final’ attempt “we
made’ by an honorable’ intended peace ots
fer to avoid the last extremity failed.
““Then Germany had to.choose this, jas tine
WHEN. remo Sy our
discussion . the third : Eran of the].
t graph ; ‘ope rators,”
eaxe
ik
1
oa FAR ivan left: to ri:
Ennis, telegraph edii
“t-All day yesterc
“The Register’s teleg:
itically abandoned it
; designating the ‘orde:
Every ‘Ac tivity’ anc
Over to “Unc
pO NEE Oe
'-The, Associated |
“did ‘its bit’ for -Un«
and? ‘last night+in tr
newspapers’ of’ the
the army drawing in
‘ Probably\for- the
history.’ of this’ news
“pation. . every: Zother
pended “to** serve!
Early, in’,the ‘day o
from New” iYork'b:
general ‘manager ct
Press, that: When t!
the results ) started
should, be made! exe
aAns-on-news of:the
MLV SAL NO O
Entire. Shag aber Han
As a “restilt, ‘the ‘en!
Associated ‘Press, wi
miles: ,of ‘wire and it
we
service of ‘the ‘gover:
evéry . man’ among th
tered would know at
monient when he. we
At 8:52) o’clockyes
first. number ';drawn-
The Mobile Register :
Papers served: by* th:
From<thattimeron °
night Athis « (Saturday
Ipost, {npottant ngewe
. FRIDAY,
“TULY 20, 1917.
CHANCE
REDUCED
—) wat © eet
sayst oe
- Sam: “Brabner, a
od’ ‘to :dle: ‘at any
a statement given
vances uD; to? yos-
i DreaJones, *‘but
for the: worse and
it he will recover
: breathing rapidly
which - is a -bad
i PRE ae ee ee
in the.county jail
1 the advice of his
several! times dur-
thea Shee -of
Beverages Sim-
Will Be gc Bes
Charles “Medicus,
of the prohibition
recorder’: s court,
mit? that. “the bev-
contained only
ner\cent. ‘alcohol,
aw,sbut. will base
onthe ‘similarity
the genuine beer.
a. before. the re-
it is: not expected
rits~-for- several
vrested . yesterday
d to’be merely a
1 is ‘obtained it is
other. arrests will
| beverages ‘bear-
3 to. beer will be
The: arrest of
y Chief of Police
rnoon after read-
» state. supreme
19 State: vs.- Dees,
m Jefferson coun-
tion of Dees was
as not shown that
‘alned “more alco-
‘staleal pan which
based (was ‘to the
ts is; “an imitation
‘or “appearance
.of:%prohibited
ft the amount of
-e are said’ to be
several beverages
me. under this de-
9 - manufacturers
xen every. precau-
they) Bre: “iolating
Bereta thee
imitation: beer, it
so much in itself
given: for selling
d.iWhen .a soft,
‘tion beer<of the
foam and: in the
the genuine, itis
- to sell real beer
be relied, nae to
Ss _ RRS ie
7 SCOU TS
oop . {9 .to. be or-
us ;the> statement
n, the’ nstructor
fon“otttroops in
ounties = who «has
‘ork*the past fow
1 goes to Daphne
er with Mra. J. J.
ured that a num-
ne Eastern Shore
ss Horton, follow-
spend the week-
order-to« arouse
cirlay. She will be
{mes Bh the tenets
troop’: when - the
| and: games. An
» to. Join them on
iy was. accepted.
din ‘the. ‘exhibition
ay hc ae
*roop ‘1° met yes-
“clock in the Ar-
. for:a’ strenuous
At’4:30 o'clock
’s8 met and two
idee The girls
\
BLOODY. ee CLOTHES
IS POINT. OF STATE
<|Prosecation “Will” “Seek ts "Prove
.Guilt> By ~ Mutilated | / ‘Coat, (5:
‘Scrubbed Shoes. and Nails,
was~2:30 in the ‘morning. ‘As ‘he paced
the bridge he heard an automobile *com-
ing/out the Telegraph Road going north.
The car blew twice, crossed the county
bridge opposite and above the railroad
bridge, stopped twenty-five feet on the
Porth side, turned around, came slowly
on the bridge, increased its speed and
when about midway a splash was heard.
That splash was made by the body of
Mrs. Hess as it was hurled from the car
that lonely early morning hour, and as it
has been\established in Brooks’ case that
she: was.dead before her body was thrown
into Chickasabogue the state’s theory is
that the’noise Gainey heard was the shift-
ing of gears on the car. He says he is
unfamiliar with that noise and sticks to
_{his story that he heard a Jyoman scream
State Would Prove Sanders the “Man: .
by! piece. it begins to appear that its
theory is:that Sanders was the man Mr.
Mrs. Hess was murdered; that he got.in
the car near the Terminal Station; that he
helped Fisher Brooks murder Mrs. Hess;
that he was one of the three persons the
negro night watchman at May’s mill saw
in the car; that he was either driving
the car’ when it went across the bridge
or else that. he was the man who threw
Mrs. Hess’ body into the river as’ the
car came rapidly across the . bridge to-
wards the city.
When assistant Solicitor Courtney and
Deputy Sheriff Willie: Holcombe went to
the scene where Mrs. Hess’ body was
found blood on the floor and west railing
of. the county bridge, showing that the
body of the.woman was thrown over the
west side of the bridge.' This would place
the drive of the car—that is, the steering
wheel—on the east side of the bridge, in-
dicating that one man could not-drive a
car rapidly and throw a heavy body like
Mrs. Hess’ out of the car over the bridge
railing and into’ the river unaided.” A
third passenger was in that car, argues
‘Was ere Sanders. ;
AEE OOO
Clothes Found at: Wife's Home.
“vThe. ‘most. damaging ‘evidence. 80 far ins
troduced against Sanders is the clothing
and shoes {dentified-as his, and‘which it
wearing on the night of the murder. They
were found‘ at his wife's ‘home, 'in- his
wife's room,.the pants packed away in
a box and the coat hanging ona nail, with
the patches freshly cut. out.“ The state's
sensation will: probably come today when
it establishes what, was on those patches.
cluding ‘witness on direct evidence, the
state .will-offer,’ when it will close its
case some time this morning. Solicitor
Clarke said it would take about two hours
to examine Dr. Thames. ©
The defense wil then begin its case. ‘It
{s understood that an alibi for Sanders
will constitute a large part of his defense
and that Fisher Brooks will’ be placed on
the stand. He has been summoned as one
of the witnesses for the defense. ia)
*A YO Dio edi ae be
Spentat “Ventre of 100 Drawn, 3
A special venire of 100 men was drawn
from which. to choose a jury to try San-
ders. ° Only . twenty-six of, the 100° could
qualify, some having fixed ‘opinions, some
being unwilling to convict on circumstan-
tial evidence, some opposing the death
penalty.. Out, of. the twenty-six the. foly
lowing were.selected and sworn in;
Marine street.
eler, Dunlap Mercantile Company. :
Arthur Zirlott, oyaterman, Dorlan, Ala.
ze Jacob -D. , Antoine, / ‘musician, Fulton
-iFrank J. ” Jarvis, Jarvis Supply, Com-
pany, 105' Marine street.
‘John F,°Prout, manager National Bis-
cult. Company, 1121: Dauphin street.
- Fred Zirlott, oysterman, Herron Bay.
* Madison, AN. Serta farmer, , Theodore,
Ala. ad fs sek, >.
S Archie Cc ‘Watts, farmer, St. Elmo, |
Martin" Nielsen, piano tuner, Junger &
Glass, 20 South Reed avenue. ~
‘A. Bigiler, inspector Mobile Electric ch.,
64 Houston. ~
WwW. KE Bryson timber. dealer a vomcorete
Way. 2 pet
Solicitor Clarke then pihecoded to read
the indictment and outline to the jury
ae een ee Sy le Ae ee ae Amat Sint
a go (Continued From. Page ‘one.): tte: bs
* Putting : the state's case together piece
Carman saw atthe fruit’stand the night’
found: the morning of the discovery, they
the state,- which maintains _that —
ha sbeen partly established” he: was seen |'
Dr., Thames will probably be the con-:
, Elmer Reed, agent Standard On CO, 604"
Thomas B. Crossland, commercial trav-:
snreners around.
Recah 4
Solicitor. :Reads Indictment. “2 2% e072 "1.
OFFICERS TAKE UP
BURGLARY. - HUNT
"Robberies." sg alae,
-| Throughout . City—Start Search.
td tall, Yellow Negro.
Officers’ have been unable-to locate the
tall, yellow negro who, caught in the act
of trying to enter a house, escaped into
the swamps along One Mile-creek after
holding off with'a pistol «the crowds
which gathered when the alarm was
given. The. police and sheriff ee both
on the lookout. 4
The negro was‘ dieceveres in the home
of J. D. Sturm, § 264 North Conception
street. which he entered by cutting
through-a screen door Wednesday after-
noon at 5 o'clock. He went -through a
drawer of a dresser and had obtained a
gold scarf pin and a’ pistol before he
was apprehended. It was with the pistol
that he held off the crowd oo sought
to capture him. — >
“An attempted robbery by . a negro who
might: have been the same,.was reported
-by Mrs. Gaines Moore, of.216 South Jef-
ferson street, yesterday morning about
2 o'clock. Mrs. Moore said that she was
up late attending to-her husband ‘who
was ill, when she saw a negro trying to
force his way through~a wire screen into
the kitchen. The police were called, but
he made-his escape.
Joseph Clare, master mechanic for the
Gulf, Mobile and: Northern~ Railroad
Company, reported that a negro boy en-
tered his house sometime Wednesday af-
ternoon and stole between $18 and $20 in
cash. Several cases of petit thieving in
the southern portion * of the city have
been © reported *during , the - Fass! we
weeks.i * ‘ = rd
She told him, she. wanted to take a train
out at 2:30 a.m., and wanted to go to a
hotel: until. that hour. He asked her if
she wanted to ride or walk, and when she
said ride, he took her to Albert Sanders’
cab. She was placed in the back seat
and he got on the front seat with Sanders
and her baggage.- When they came to the
hotel he got out and opened the door for
Mrs. Hess.'” She took out her pocket book
to pay Sanders,’ asking him the amount
of his fare.- When she went to hand him
a half dollar, Sanders said he would col-
lect the fare- when he called for her that
night’ to take her to the L. & N. depot.
Mrs.: Hess. displayed in her hand, when
she drew out the half dollar, a bundle of
paper money that looked as if it were a
lot. ° She entered ‘the hotel, registered,
and was assigned to_room 207, and im-
mediately. retired.” He brought her a
sandwich and a cup of coffee at her re~
quest ‘and. that was. the last _ he’ w: of
o oOo;
J ohuckles at Confusion.
‘On/cross examination Mr. McMillan
went at this witness vigorously. He drew
from thé“negro a number of. statements
that’ contradicted “testimony he had given
at the coroner’s inquest about what hap-
pened at the sidewalk when Sanders drove
up to the ‘hotel. Mr. McMillan sought
to’establish thatthe car they came in was
a Buick ‘with a‘left hand drive and. that
if “Goat had gotten out on the side-
walk, as he said he did, he would have
had to crawl over Sanders; that Sanders
was not: near enough to Mrs. Hess to
see what was in her pocketbook. He cor-
rected his testimony by stating that he
told Sanders coming down. to the hotel
that Mrs. Hess wanted to. Some: bese L.
& N. 2:30 train out.
On redirect examination ia ' aid that
Sanders sat on the Side of the car next
to the sidewalk, and therefore he had a
good look into Mra. Hess’. pocketbook.
Questioned again’ by Mr. McMillan the
negro sald he: did not climb over San-
ders when,he got out. «2
Sanders “seemed to enjoy hugely ‘the
grilling given “Goat,” for he chuckled
and smiled broadly all through the cross
examination.
Sentell Frazier,‘ bell “hop” ‘and “elevator
boy, atthe Hotel St. “Andrew, ‘told of
the“arrival of Mrs. Hess at the hotel, of
his carrying her up ‘the elevator to her
room and bringing’ her down at 2:05 or
2:10 and of Fisher Brooks’ meeting her
in the lobby of the hotel, taking her bag-
gage and going out to his taxi. Mrs.
Hess did not stop in the lobby.
Cross examined he said he did not leave
the hotel and did not. see Albert Gandere
°° o.
Carmen Held “Important. Witness. .
Mr. Charles Q. Carman, foreman of the
round house of, the Mobile and Ohio was
the next witness... The defense attached a
great deal of importance to his testimony
for Mr. McMillan attacked it aggressively
and grilled him for 9/ long time. What
he testified to has. already been set out
in the first part of this article.
Emanuel Beazley, colored. night watch-
man at the May Lumber Company’s mill,
told of hearing a woman scream in the
car near the mill. It was about 2 o’clock +
cot. He had never seen tho initials “A.
on the inside of the coat. .
oy ommy Dickson, colored, said he soove
Allbert Sanders well, and was with him
on}the night of the murder.
wejaring a suit of clothes like the one in
evgdence. If he was not mistaken, they Sanders
wejre te ;very clothes. + No cross barges
nation.
cr@ss examination.
J) end morning.
q
Sanders was
« Peputy Willie. ‘Holcombe identified” alis ‘presidin:
pafr of shoes as ones he had taken oe of pork
Safders on the night ‘of“June 19.7, i a
Vourt here adjourned until. 9: 30 o'clock committee
+ Ret ad N. R. Clarke te ‘conducting os not to ho
As
prosecutior
assisted b)
ney and
employed |!
the murde:
in the pro:
BF. Mc?
pointed hy
CHICAG:
Congress
Sik thts hed n Lae
APTER-INY
Pes BEI
et
a
OETes Pale to eee: Ree
Panta,
Dice sen?
Be es check
CD FES
Ss
‘e
y
WAISTS
le Sate
,. mae : ie
AG, LUG Busine Wee B KP CUNSisdccion PIrORTais ' / ww eo Ad ? Pate jp titith GH NURUSL oy, take 4 ‘ s
hedzaald ‘the chan- dete resolution asked rts facts from yer CLA, ILVOM IN CAVE ) eiidenvorings to prove “that” ganders
3 a 8 1 t >I.
er con-|or pay Pings on building contracts let] PUP/{, AND TEACHER |" his partnor in tho crime. Brooks
names of contractors and
- was convicted! on circumstantial evi-,.:
contract. prices, together with other in- : ;
posit Fie ence tha exeate in eonsid~ MASK AGAINST GAS Sachi Pye is‘ no. direct.’ evidence :*
; ers. PE ue y hate Mise ree the
>
ering request for further appropriations. ine . a i
Another half billion dollars for ship con- | France, Though Restricting Food, “TOO oO :
struct 5 : :
; ee re es oe gnome tps) Fuel and Light, Does Not Ne- si Dr. Thames May Be Star Witness.
etimates are approved by the president. rey glect Education of Youth...» <]- While Solicitor Clarke has not fully.de-
>Meanwhile. members of the ‘shipping |_+. : ‘ : veloped his case, it 1 t can
board and Major General Goethals, man- NEW YORK, July. 19.—Schools in| Eugene Thames ats yen ae ante: S
ager of the board’s‘emergency fleet. cor- | caves, with pupils.and teachers wearing K nde eam anton oamaey ee, °
poration, continued discussion-of General |'gas masks, are extremes: to: which. war- pert on blood spots at the trial of Fisher)
Goethal’s plans for bullding two govern-| ridden. France has: gone.,to ensure for} Brooks, will be the star witness’ at this 6s
ment ship plants and for commandeering |.every child “that heritage {n which alone |™orning’s hearing. Dr.-Thames will probe's
tonnage building in private yards. Gener~| 18 the prophecy of an enduring nation,’ ably teatify that blood spots were found /,
al, Goethals met ‘with ‘the. board inthe | says an official report’ to the regents of |0M the coat tdentified as Sanders’, on ther:
governr "BAYS morning and in‘ the’afternaon the ‘board the University of ‘the State of New: Yorit shoes identified as those taken’ from San-".:
allowing: tha “solutio held ‘a.separate conference. i=)! ‘| byJohn Finley,. president of the unt-| ders’. feet by Deputy Sheriff Willie Hol-~"
ialgi.to: apenas en 8 gycs | Bee SES EES OOO RIS sareity and sate Seana of educa- pacing ee eal the trae from: Santex
as’ .in nman iW: ‘More | ¢ tion, who recently returned from an. edu-|ders’ finger nails, which were cut after;
ifferent PERMmAR SVants More, information * *) | cational mission in. France. his arrest. °° geen UL he rege
t m ch 4. ChairmanDeaman «.announced -tonight : ae ey France hansen’ On ean~as Maa d, - Reid tly oy proved ‘that: Sans"
perhaps ‘continue >in | that the board seeks further {information | fod, Jus’ > :an ght; has ‘discouraged | ders brought Mrs. \Hess in his'<taxicab 7°
pet: thatthe board, seeks further) *ntorme travel; ‘has’ mobilized every able-bodi a‘ from~ the : vto! the? A
nothing.bat, the prologue, /oncerning” the General's: program,’- and} man for defense, she’ has pool one saoteant rel oe orn doe barley
f-as*ine* on ae St." Andrew, where: ha-left her,: £-
ae ards,{: Sines (> thane that no decision ¥P hind fg hag Pec oe forgotten her; future defense, said Presi-|to take his fare, Ptoingtont ty: or
od,» will eome: the theatri- gram will be made until:the subject has} dent Finley. $women by thousands have|he would collect it.from her when:he re-“<
° : | been given “consideration, ee ae taken the places.of men teachers called aay
in rh + Germany will | ~ persons in’ close touch, with ‘the situa- | to the front, many . of .whom, finally turned at 2 a.m.:to take her to the Louls--y
tion: still’ see possibilities. of difference | incapacitated for battle by wounds, havo
between General Goethals and the board | again returned to teach. 9 RE EEO
which will or Sherbet gs pe Vi Fi esa viniey especially sought the
no teas been. intimations that the ard may dis- | advice of ance in meeting like condi- : A +198
i Be tks Lapprove of parts of the General’s scheme. | tions here... This’ advice, summed up, Js, iver 4 poe dl sale ina har oe| ee
ao ae oh pel have rrr this situation ‘arises ‘many’ believe” it {he said:( 9 07" Se A eae a about 2:1 o'clock in the morning. ius iS
aul <to| move the peace} my be necessary for President.Wilson to Po not’ let” the needs of the hour, | oy sw g : oe
Ni eee 6 committee.was | gecide finally as to who shall be in-su- | however heavily they fall upon the men BE MERE Op OO A
vembers’ of the center and|Dreme charge of the building- program. | and women Ot the day, permit neglect of | Says He Saw Negro at Fruit Stand. (- 0°)
Reape etic at then ed Friends of General Goethals say he may ine args of Leong ly a aver: Shortly ‘before’ this hour: Mr.:-Charles: +
spp radt* ets : “tr t cept.the board's suggestions ng.to bequea e spir at has ‘
‘eu swill, vote forthe. peace if, ‘they y Seonre radical change imi his | made the institutions which we woutd 2 biome «ne ota gee Pir pitelpigninte goon
PEE OS ST tors Masts es Sarees rot :_“-| preserve and enlarge in our children.” . the Mobile an 0, saw & Negro gO,
LAUNCH ORFENSIVE * 3 oo oO mowed ee Fe ; apts ¥ & Shalt -stend at ae sornar:. of Btes-
ie IVES Sper: se ie Ae ata t ees ; "Ag oseph an eauregaard,. purchase sqmé.”
coments Gaabie ‘Toutene to Plan. of Commandeering Not Settled U-BOA T: =~COMMANDER fruit and come out. As-he passed this, °
irnydn -Galicia. (e008 ‘Chairman. Denman's ‘statement follows: | A UDS ; U.:S.* JACKIES ear ay Pane A nage Oh, aaginc wien a
<, “dS July 419.—(Assoclated | >*‘"we are rapidly acquiring ‘full informa- caught his attention and the sound of {t+
panning Ep ‘brought | tion as to the. contracts proposed to be lingered in his memory. ° After the mur-":
nforceraents “all™along’ the} jet. py-General Goethal last Monday. We der of Mrs: Hess he went to the -county.’
nans “and { Austro-Hungar- | expect to receive tomorrow. facts as to jail at the request! of Assistant Solicitor:
> Galicia have started what|ine amount: of the, estimated $150 per). in: Afi : j ; :|J.°P& Courtney and. lstened to a negro :*
a.-tremendous -:-offensive | geaa-weight-ton per ship ,which: is to’ be eee ‘ Tine. TSS 3+] talk. He’ heard: that negro’say:* "Good
iasians.:,-Brom Brody, near |spent in the government yards, and the} co Saighvt {| morning,’ ‘cap,"”’ and ‘again’ the pecullar.:’
rn border of Galicia, ‘south- | smount whichis to be.spent of the total |: : —— sac note in .the'volce struck him and aroused *
Kalusz,/the operations are} product \in’ the private yards:.where:-the memory of.the first! time he had ‘heard*’
but“have -not, yet devel-| ships are to be fabricated. 1 Sy Se it. “That negro-.was: Albert , Sanders.”
stent. where * particulars of| “~The matter’ of commandeering is.’a }: Whether the two were identical he would.
-hefr-entirety are available. | matter for discussion with the state de- not :swear, but’ the~ resemblance’ of the.
‘wrmain Jor ficial communica-'| partment, which probably will be decided tones was: marked.-“"0* 77845 SP yh ue
s that!the~Germans, have} almost immediately. Although the: gen- Mr. Carman continued, his walk to’ the»,
auge. of battle thrust upon | eral plan of commandeering has been ap- north end ,of the Terminal shed and in a;
Russians and in a’ counter | proved by the administration," how it ‘will |few minutes he saw an automobile . drive:
» -Hne «guarding Lemberg | be worked out in detail presents ques- |. up the road rapidly. It was driven by’a,;
have defeated the Russians | tions which will receive immediate: decis- large, portly man—(this answers the de-:
‘ront wnear; Zlochoff, which | jon/- rie oyecsy aD ‘ scription of Fisher Brooks,-who has ¢on-,,
farnopol-Lemburg’ ‘railway, | ‘ : fessed that he was driving. the car)—and
Pare
ville and Nashville depot :for the: train.
leaving here at: 2:30°a.m. Sanders ‘did 4
not return to the hotel for Mrs. Hess; ‘but’.
Fisher -Brooks came,-and the lastseen:
’
iles dlgtant: from the capi; Expects Contracts ‘to be Closed Soon. <-" in {t Was a woman standing up and ‘try-;
PEPE SUED MATS ny ‘ apie : went out of commission. ing to get out of the car. She was scream~
th\in*Volhynia,: and: still | ‘-."We are receiving every assistance and] marine saw.our fire:was coming closer ing:.. ‘Stop, you have taken me past.\’>
on: various, sectors ‘of. the co-operation ‘from ‘General Goethals “that | gne steamed. full speed. astern, 80 that ‘The ‘man-was driving the car with: one,
specially “around. Smorgon | his great: ability’ can:give us.’The gov- | we could not see her." 1h hes: 40 [hand and holding the woman or ‘the door:’
navy, artillery duels are’ be- | ernment fabricating yards will. be built on} /The crew then took to the boats, which | of’ the car. with’ the other.» The -woman
Near. Lutsk,.in the’ famous | government~ and: not ’on, leased property, |‘the submarine later approached, to allow | in the car’ was the unfortunate Mrs. Hess.;-
: the’ Germans | and no apc gwen teem Laebhonpat , oe the commander to gongratula\e the: gun- | fe pA AEs 70 On 0 vot aa hee
‘ture of. up of any of these yards to priva nter+/ ners on’ their fight. “ BEY Betty heer ; ead ‘ Ye ag ape A AT:
¥ caveat et pate will be entered ‘into at this time. : ‘Four members of the Moreni’s ‘mer- Watchman Hears Woman Scream. Seiden
=» Adequate’ compensation - will: be-paid | chant crew lost their lives, ‘.07%-¢ 4] * On out’ the ‘Telegraph, Road sped ‘the
to interests who will be asked to assist car ‘until it- came to the -crossing of ‘the.
the Germans: are intent on Ni ereamient Whose: Mesaserection %e|GREENVILLE. READY |movite ana Ohlo,.which {s so-bad that. the:
*rench:line in: the. region : = Y : . aie
‘ ‘ ships. .These men are: not of: the type iw car had to stop and go over. gently.’ As:
prot onrel beg a emt ocr to ‘ask stimulating profits berpes a eed TO. WELCOME : GUARD Sc ig igre egg “~ a — ¢
y ° ‘ | return for. their abilities.and_ enterprise, |, : ; er mill, busy on his round of punching
py bo ws o ppiceed and with General Goethals’ assistance We Regiment Encamps: At Chapman the’ time clock, heard a woman screaming.
woretadark bbb tts nin have no doubt contracts will be be short- 4 For. the Night.-: He'ran around the mill, completing; his
ne attack: like others ‘that lyselosed."2.4.<j0 iF) RR ? Anh 2% oe Po St thet brig chi " ntern:
és PAIPCT REBATES ‘ ’ of : Special To The Register... v9 i o the office 0 e mill, se s.Jantern .
segs ge a ime TORRENT. x OF FLAMES |. GREENVILLE, : : Ala., Yyuly +19.—The | down on the office porch, and went to the
MS , Gere 2aG ‘First. Regiment of: Infantry. of ‘the Ala- gate, where he stood and saw the automo-..
a Se irae STRIKES: OIL TOWN ‘bama “National. Guard is camping ‘at| bile speeding up as it came. across the
See ey ra pont: "es odes Tank2,000 Driven | ville tonie fifteen miles ;south of Green-| Mobile ives dark but th one heron eas
ena 4 3 tin “Driven | ville tonight, and early Friday morn ng| mill... It-was dark. bu e lght*from ‘his
"BE expalieg trom them tn Bolt Ex Seeds cues aki peg | ill resume their hike and will arrive in|lantern flashed on the car’as it whizzed,
ile teh ge eee art & ae OMes,. : ;
tack. sey ee 1 Seales ced Be LE corer tee ws VA great entertainment. is being” ar- and a woman. He saw. extending :on the
nding, the terrific heat,.the |" pRUMRIGHT, Okla, July 19.—Several} ranged for the. soldiers during their stay | outside ‘of .the’ car -the” hand of 4-.man,’
oa = operating ; against”, the houses were destroyed and two thousand | of two days in this city. The main fea-| light. in color. ‘He did not know {itnit
made -a;12. mile advance UP | people were temporarily driven from their | ture. of the entertainment will be a picnic | was’ a ‘white . man’s -hand,! but -thought
‘3, while‘in the Caucasus re-|homes here today when a 55,000 barrel | dinner Sunday ‘at 12:30 -o’clock. for every] that “If it ‘was washed up’ it might:be.as
alans have carried out su¢- | oj) tank on the‘outskirts of the town here |mempber of the regiment. The people of|jight as’Fisher Brooks.’ Re ae aE PE
against the; Ottomans.’ |was exploded by a stroke of lightning. | Greenville and surrounding community of| ‘The car.now. goes out-of sight vand
The contents of the tank’ rushed ; down |'the ‘city: and surrounding -country are] the next that is seen‘of it is by the sol-
through the heart of the. residence .sec- | working. 'to make this: a treat for thé] ajer, Porter Gainey, a member. of .’the’
tion in a flaming torrent....The loss -here soldiers... Tabies are being constructed First ‘Alabama Regiment who -wasrion
was estimated ‘at $167.500, 20% N Pon the-.campus of. the Greenville High guard. at’ the Southern Raliway bridge
Three other oil tanks‘in the Oilton field School. There will be a patriotic meet-|#iN scans the ; Chickasabogue,' eight
districts here were also destroyed by fire er dodger § ee ee oa ev and iniles from Mobile.’ Gainey was ‘about ‘to.
g * : visiting m 2S . : ‘ :
3 ince $530 fa age tha gov’ sone. st band o the First; Regiment. will. fur- be relieved from. sentry, duty,” the /hour
x —— nish xsunic. for bg Mg ire een = seated |: -“<""(Gontinued on Page Nine.) °} is
an oe 3+ Genera ober 5 einer, y bkd ass =
5,000 SOLDIERS SEIZ Greenville, has been invited to be present
ARSENAL °*AT-; ‘KIEV ‘on Sunday, and it is reported; that, he ak saan is a
<A be A NGS ppt eas | es accepted the invitation. It. area $ ae ERE
Prcnse’ Medgures Taken. By Gove |iyAcseteraihate esenitary men and] Tear Ors, OF aN
“ernment: Compel Evacuation... | mary, dagien, iL JOR, cettneut'a tow || ING VO RIS 8 sinnplified)
batt sateen | ‘rernoonas sy, iDiupence| Ritts dic nts || ved ad columns. TE the posts
\ Germany would ‘be wvictor-]in Kiev. Five thousand ‘Ukraine soldiers my “_ ° } u
it the’ war-would secure for | seized the Kiev arsenal, but acording to TYPISTS "IN DEMAND; tion you have in mind as suit-
ape aa
Mes WS
¥o> 1
Greenville in the early afternoon.” “| past him. : He saw inside the car two men:
rcopl “happy and. bright|the latest -reports, prompt measuros By : ’ ' i “abiliti is:
os re FO ag A taken by the general in command result- SPECIAL ‘CALL. MADE able for your. abilities 18. not
nin.dn-reply, sald he saw the|ed in the men evacuating ‘the arsenal \ 7 advertised, advertise:.’for, it.’
: 4 i
zuarantes of a happy future|and the restoration of order, <7 *° WASHINGTON, July 19.—Finding the
‘es In:intimate ‘and ‘confident ae
; ; i civil. service unable to supply the in- : ’ Woes 4
with the‘leaders of the Ger-~ CHINESE PRESIDENCY creasing demand for governmental aegn- Sit such advertising’ PAY 2
ind firm: ior ence, upgn the ACCEPTED “BY FENG cies for trained yatenographers, hones ow much would aT HE:
| ae Aus: alas ‘rea i Ne nd clerks, the womens mmittee o ' s
Nanced; tria syas ‘ready MN Ee RvB : ee defense council has undertaken to RIGHT KIND OF A POSI
EKING,’ Tuesday,” July 17'-(delayed.). | enroll for: such service the many women
\ustriawould “rhe foreign office:announces that Fang | of trained .minds throughout, the. coun-
ons Jinsuring: ; Kwo Chang.’ has.jagreed to -accept,. the} try. The» committee. is addressing’ edu-
sews | E resident of’ China... #4 cated, women through the state council
et aig ; * Wha! ee WN ner .
a ¥
was to the
1 Jmitation
appearancS
prohibited
amount of
said’ to be
| beverages
ier this de-
nufacturers
‘ry precau-
ro violating
ok Saad
lon) beer, it
ich.in itself
for.selling
"hen‘/a»soft
neeraof the
and? in -the
ynuine, itis
“tL real\ beer
‘Med “upon to
ps>in
pe eho ‘thas
the past’ few
a to.Daphne |:
h MranJ,id.
| games. An
> @ strenuous
t 4:30 o’clock
met and two
The» girls
showed: tm-
, instructor. *
ong the ‘Girl
itting.;. Those
rms cut ond
us and have
g the morn-
‘ Horton ; do-
‘tendance, re-
nembers, have
~ meat said,
\CKLER
‘EWELL
ster, who ‘has
rth 8ide Bap-
Seat
‘aptist Church
hate he: would
a
a pon ehureday, May 24. Sh
and shoos identified as his, and which it
ha sheen partly eatablished he was acon
wearing on the night of the murder. They
were found at his wife’s home, in his
wife's room, the pants packed ‘away in
a box and the coat hanging on a nail, with
the patches freshly cut out. The state's
sensation will probably come today when
it establishes what was on those patches.
’ Dr., Thames will probably be the con-
cluding witness on direct evidence, the
state.will offer,’ when it will close its
case some time-this morning. - Solicitor
Clarke said it would take about two hours
to examine Dr: Thames. “2 # tt! & Kp?
- The defense wil then begin its” case. ‘It
is ‘understood that an alibi for Sanders
will constitute a large part of his defense
and that Fisher Brooks willbe placed on
the stand. : He has been summoned as one
of the Witnesses for'the defense 5
SPSS PGCE OOO < a ae
Special Venire: “of. 100 Drawn.:
A special venire of 100 men was érawn
from which to choose a jury to try San-
ders. .’ Only :twenty-six of; ‘the 100 ‘could
qualify, some having fixed ‘opinions, some
being unwilling to convict on circumstan-
tial evidence, some opposing the death
penalty., Out. of. the twenty-six .the..fol~
"were, selected*and-sworn “in. "#'[-
“# Elmer Reedagent Standard, gig Co, ee
Marine: street, “j29 P27 SEIS tat
¥/Thomas B. “Crossland.” Pereaisrotal® ‘trave4
eler,* Dunlap Mercantile Company. *)>*=
Arthur Zirlott,. oysterman,*Dorlan, Ala.
“Jacob .D. jAntoine,/; musician, -Fulton
Road.: PEAT HE eioek < hab! -
, Frank J. ‘Jarvis, “Jarvis. Supply. Com-
pany, 105 Marine street.
‘John F. Prout, manager National Bis-
cult. Company, 1121 Dauphin street. -
Fred Zirlott, oysterman, Herron Bay.
mega a Rowell, | farmer, Theodore,
S04
antte Cc Watts: farmer, ‘St. Elmo.
“Martin Nielsen, piano tuner, Junger &
Glass, 20 South Reed avenue.
_A. Sister, inspector Mobile Electric ch,
64 Houston.
w. K. Byson, timber dealer, Dauphin
Way. 4 ;
ety
"O "oo ©
Solicitor : Reads Indictment.” ¢
Bolicitor Clarke then proceeded to read
the indictment and outline to the: jury
what the state proposed to show. As he
went into the matter in detail Mr. Mc-
Millan, of counsel for the defense, object-
ed, and Judge N. R. Leigh, presiding,,
stated that he would rule out everything
the solicitor had said. ‘It is the practice
in. all other states and everywhere else
save in Mobile for the state to read the
indictmont, the ‘defendant to plead to it,
and ‘then’ the’ evidence to be offered.
While it has been the.immemorial prac-
tice Jn Mobile for the state to present its
case first before introducing testimony,
I now break up‘that practice and will fol-
low the custom universally adopted.” The
defense entered a plea of not guilty.
Mr. R.:C."Hess, ‘husband of ghe mur-
dered woman, was the first witness-of-
fered.. He described his parting with his
wife at Fulton, Ala., on the afternoon of
May 20, when ‘she left for Jacksonville,
Fla., to visit a sister who was very ill.
Ho gave her a through >-ticket, and fif-
teen:one dollar bills, a-five dollar bill,
two silver dollars and ‘eighty -cents in
change. With tears coursing down his
cheeks, he told of identifying his-wife’s
body: in the ‘morgue of Roche. & _Burke
SANE PERE O oo See %
Photograph of Mrs. “Hess Shown.
He produced from his ‘pdcket a photos
graph of his wife, which he identified,.and
which the court allowed to be introduced
as evidence and passed around among the
jury, over the ‘objection “of the defense.
Mr.. Hess said his wife: was’ five feet,
four inches, tall, rather well made and
strong and athletic. ° There was no cross
examination...’ ‘
Mr. C. C. Prewitt, Station. master of ‘the
Terminal Station, told. of meeting ‘the
Southern train ‘onthe night’ of May 20.
It arrived’ on time. ‘A lady dressed in a
dark blue sult and wearing:a large white
hat came up to him and handed him a
transfer check to have her baggage trans-
ferred to'the L. & N. depot. He noticed
that. the check read from Fulton to Mo-
bile. He carried her to the transfer agent
and the next he saw of her she was get-
tion. “The train. porter of the Hotel St.
Andrew had.her baggage and was putting
her. into the taxi. He did not see and did
not know the taxi, driver.
On cross examination Mr. Prewitt said
that, so far.as he knew the taxicab driver
had nothing to do with getting Mrs. Fate
into his eab. °-2) Et Sey Sena wt
Bay oo°o : rete
Saw Her Talk-to Transter Agent.
Tke Cruse, “police officer stationed at
the Terminal Station, said he saw: Mrs.
Hess talking ‘to the’ transfer agent and
give him, the check for her baggage. “He
noticed that. she was the,last passenger
to leave the station and that the porter
of the Hotel St. Andrew. had her baggage
and was talking. to her. .The porter later
came to him and said: ‘‘Captain Ike, that
lady wants to transfer at 2:30 a.m,”"'He
saw the,porter put Mrs. Hess’ in:the taxl
and drive off with Sanders. :
Cross examined’ he said, ‘that Sanders
aid not invite the lady to ride in’ his‘cab.
“We'make. them atay’ within ten fost ‘of
their cabs,” he said. %
Willlam Johnson," alias’ ‘Goat,’ ‘train
~ thad’s
ting. into a.taxicab in front of the sta- }%
Sanders Chuckles at confusion.
On cross examination Mr. MeBtillan
went at this witness vigorously. Ho drew
from thénegro a number of statements
that cantradicted test'riony he had given
at the coroner’s inquest about what hap-
pened at the sidewalk when Sanders drove
up to the hotel. Mr. McMillan sought
to establish that the car they came in was
a Buick -with a left hand drive and. that
if “Goat” had gotten out on the side-
walk, as’ he said. he did, he would have
had to crawl over Sanders; that Sanders
‘was not/near enough to Mrs. Hess ‘to
see what was in her pocketbook... He cor-
rected his testimony by stating that he
told Sanders coming down to the hotel
pg) Mrs.’ Hess wanted. to. take bes lL.
& N~. 2:30 train out. aed
On redirect examination “he: ger’. that
Sanders sat on the
to the sidewalk, and therefore he hada
good look into Mrs. Hess’. pocketbook.
Questioned again by Mr. McMillan the
negro said he did. not climb gver fan-
ders when,he got out.
Sanders Ge
grilling given “Goat,” for he chuckled
and smiled broadly all through the cross
examination. _ ‘
7 *Sentell; Frazfer,* bell} hop« and “elevator
‘boy? ‘atthe? Hotel: St.* Andrew, ‘told of
the “arrival:of Mrs, Hess.at the hotel, of
his‘ “carrying. her up “the elevator’ to her
room’ and bringing’ her down at 2:05 ‘or
2:10 ‘and ‘of*Fisher Brooks meeting her
in the lobby of the hotel, taking her, bag-
gage and going out to his taxi.- - Mrs.
Hess did not stop in the lobby. 4
- Cross examined he said he did not leave
the hotel and did not see Albers Lyme
meee st! around. kay a .
Oo Oo ° ’
Carman ‘Held “Important Witness. *-
round house of. the Mobile and Ohio was
the next witness. The defense attached a
great deal of importance to his testimony
for Mr. McMillan attacked it aggressively
and grilled him for long time.» What
.[ he testified to has already been set out
jin the first part of this article. bite
Emanuel Beazley, colored, night center
man at the May Lumber Company’s mill,
told of hearing a woman scream in the
ear near the mill. . It was about 2 o’clock
in the morning. He heard a*woman scream
“take me back to town,” and then the car
speeded past the mill. He saw inside
three: persons, two men‘ and a woman.
He didn’t know’ (whether: they swere white
or colored.
Mr. McMillan also attached much im-
portance to this witnesses testimony for
he carried him over the ground. time af-
ter’ time, testing his knowledge of tlme,
of- distance, of color, and of every es-
sential fact that he had testified to. The
negro stuck to his original tale, that he
heard the scream,.saw the auto pass by
the mill and that there. were.three per-
sons inside ot it, two men ane a woman.”
OOO” .
Prisoner" kisuoed By Witheas:!
This negro’s testimony on cross exami-
nation also amused Sanders greatly, as it
did the audience. The sheriff had. to re-
store order’a dozén times or more after
each .fresh outburst of merriment.
Porter Gainey, the soldier witness,. not
having arrived, it was agreed that his
testimony, at. the Fisher Brooks trial
should be submitted to the jury, and it
was read by the court reporter, Mr. Mc-
Connell, The judge instructed-the Jury
to.accept it ‘as if it had been spoken
by the witness in person at this trial., It
has already been set out in detalt in the
first’ part ofthis article.: «-'-
Sheriff. Holcombe ‘testified that -while
he was bringing Sanders down to Mobile
from Montgomery: the negro told him that
he wore a suit of salt and pepper colored
clothes | the. aay | Mrs. thoes came -to the
city. *
John H. (Jacis) Lee, a private detective,
identified a suit of salt and pepper clothes
as one he had found at Albert Sanders’
home, after the arrest of Sanders, - He
was fog trey tod examined. : oy 3
Son: Hunter Identifies’ Clothes. °
Son Hunter, colored, swore he knew
Albert Sanders. He identified the clothes
in evidence as’ ‘Sanders’ and said that -he
aw him wearing the pAnts the night of
the murder.' He.could not say, as to the
de of the car next.
emed to enjoy “hugely the. iS
Mr. Charles Q. Carman, foreman of the
ee ek
Be aaiins diks h cheetahs as ma ke a
Bier Ute ee ed
ay
as
Set ee ee ee eer eee
q
(AEN SPE NI ee | PR
ore 452
i Ladies’.
‘Special: |
2. 98)
Palm Beach
Suits.......
Wash “Waists - 39¢
Ty eae oo
iS
pudo
4
Qa
Panamz
SSS K
—
Boy s’ ? Suits, Wool
__and Blue S
HERE'S. SOMETE
ne. ‘Lot. ‘of Men’ Ss. “All|
ne Lot. ‘of Men’s. Shi
paet Lot of Children’ Ss
WHEN THE FIRE
BELL RINGS
A Mib ea sh Ake SoA
aren
ony | at the ‘Hotel St. Andrew, said he
met Mrs. Hess as she came, from the’ train, |
You- Naturally Think First of
: 5; HAVE YOU. PROPER ]
-We’Write All F
Your Own POPE 2
PROTECTION? |
several v
“We
Ep. RIC
Ph are
ae
PON: STREETS’3 3 CENTS.
; ELSEWHERE, S. Santa:
Hides, ‘
sdbaslonr: to”.Germany’s’
wnpalgn#.asserting it; to
wv Sgdeagure; vy Justifiably
shortening the, war, scky
lls'-opensd “his. -‘reichstag:
a ‘Hearty’; ‘tribute. “to ‘Dr.
m-Hollweg, the retiring
neellor,” whose work,” ne.
would‘ appreciate.’ saat had
eNor fdeclared - that * ‘the
; Sunwilling- Ger-
An ! ‘mobilization
O70-4
Meet: Exp
ope that
~utrala,.w
ity iwas:
to. avoid:
falled,tand
America, ” ae the
‘ould check* Great
ain..:-Germany’s
the : :extremity::by
19.—A' ‘dispatch.’ tothe
Jenevay ays .the “German
« °cord{ng’ to. reliable: intor-
‘s they dyamatic: : proposal
rap
en the’ solution’ of
‘Rppear as. a suc:
anists, has’, in
Bi quite - different
arations.-whjchy
2 S continue »jn
bit: the. Prologue,
$ peymanyy: as} jn<
sooner:
i EACE. ‘PLAN. ia
Oty 19. The’ Berlin
/romittee of. the’
ni reichstag’ have !*
move the peace
‘Se. committee: was
Hf’the center and
ith ‘the: majority.
hat? ‘in< the. reich-
/ pte! forthe peace
ere Sy
OF FENSIV:
19, Ux seoslaned
Having brought
2, “orcemenify ‘gil: along the.
ui |ON FEDERAL HE
. government-owned.’
Pred. shipping ‘board: on, building. contracts: let’
-{ struction will
ry "| tonnage building in private: yards. -Gener~
‘| al; Goethals” met>-with* thet board “in* ithe
a
ings ‘the board. ‘seeks ‘further’ information’
spe Rig y
“WASHINGTON?
man Denman ofthe ‘shipping board
‘|issued.a.statement ‘tonight indicating
that :the: board ‘does: not. agree with
General : Goethals as to ‘sites for: the
government’ ship’ plants,: and. that; it.
will: insist: that’ they be. ¢Placed * on
land, ~ Sand “!,that
General’ Goethals* ‘abandon: his* “plan
for. giving: contractors who ‘build, the
Plants, option.to purchase: ‘them.
; The. shipping board, ~iit ‘,is°” “under-
stood,’ ‘is’ determined that © profits « in.
building the fabricated ships -be’ ‘held,
down and that there shall be no _dou-
ble ‘profit on, manufacture ‘of. the‘steel’
forth rae end actual, ‘construc: <
ean
Exe
he:
Congress: table note: ‘of: “the: “shipbuilding
row’ today “when the senate. ‘passed With-,
out';debate a” “resolution * offered : by Sen.
‘ator’ Smoot: ‘galling ‘ on. ‘President “Wilso
to“. furnish © information | concerning - the,
government's‘ ship construction’ program..
‘The resolution asked for facts’from the
or. pending, * ‘names. of’*contractors ‘and
contract prices, together «with. other’ in-
formation:'to assist the-senate in consid+,
ering request for further appropriations.
Another half billion; dollars for ship con-
be '* asked,’ ‘the ishipping
board announced recently, as ‘soon as its,
etimates are approved by the president. *
“t Meanwhile, members. of the:: shipping
board and Major General Goethals, man-
ager’ of the board’s‘emergency fleet cor-
poration, continued ;discussion of General
Goethal’s plans. for, ‘pullding two govern-
-|ment ship plants'and for commandeering-
morning and in’ the’ ‘afterngon?| the Doar,
held <a; separate ‘conference. f pees
be RS a3 ad oe = Oo" O° or a eae ES
Denman: ‘Wants ‘More Information, eek
hairman_ Denman, “announced ‘tonight:
concerning” the’ General's program,’’ and
that’ no decision’ as to:‘approving the pro-
gram will be made until; the subsvot has
been given ‘consideration. “. “"\!
> Persons in‘close touch, with "the: situa
tion still’ see’ possibilitiés of ‘difference
between General Goethals and'the board
which will.be hard to settle.. There have
beer intimations. that the board may dis-
ba DProve, of parts of the; General’ s scheme..
If this.’ situation “arises many’ believe’ it
President.Wilson ‘to }°
poe Baad ome crags) iy nai he ‘however heavily ‘they fall upon the men
decide* finally. as fo who ‘shall’ be. in: su-
reme charge: of ‘the ‘ building: program.
Friends of General Goethals say he may
refuse.‘to accept the board’s ‘suggestions
if: they: ‘nvolve s radical » changes in, his.
a| plans, os i
Hey wees es
Flat of. ‘Commangeering Not. ‘Settled.
“¢Ghatrman Denman‘ 8 ‘statement. follows:
“We ‘are rapidly’ acquiring’ full ‘informa-
tion as’ to the. contracts’ proposed to be
let by: General Goethal last ‘Monday, We
‘should be of'a size’ that ‘will:
ins’ yand ° -
attela , Austro ‘Hungar
expect to receive tomorrow facts rs ta
ee. eer ers Na wr"
“SAY. ‘2*AMERICANS -
“SHOT: FOR TRYING.
‘TO... KILL KAISER.
LONDON,. July 19.—The = : Reuter’,
“Amsterdam ~ correspondent * "sends
“the following:- “Ply
git “According to’ information. ‘avall-
able here,:; which muat, however, ;
-be treated with necessary ‘reserve, :
‘.two Americans. were shot recently -
» on the charge’ of. arteng’ Farin
; to’ takes
i | Defense “Council Urge Urges 50 ‘Millions |.
te
oer Work—Must Be in
oe
“WASHINGTON, July ' is--Tmapertanca
of ample storage facilities at or. near sea-
ports’ to. accommodate. great stocks ‘of
supplies, for American forces’ in’ Europe.
was emphasized today’ by the national
defense council's storage committee.’ °* ‘*
\ “Expenditures in: excess of $50,000,000
for terminal’ storage areas at or near the
seaboard will undoubtedly be necessary,”
said a ‘committee ‘statement. | ‘‘Not.a mo-
ment should be’ lost in providing these
facilities. <*.The ‘equipment. which it is
necessary ‘to provide . for '' each. soldier
going ‘overseas amounts’ to about 6 1-2
tons.” This, storage load will be put upon
the nation before the end ‘of: the - year..
We must handle it, but to-do so will re-
quire: * yearefylly , designed and: equipped
areas, probably 2,000 .acres in. extent.
They must, be: jin” operation by. aaeery
1,',1918. 2 Bey a Snes a fy ts
‘Both ‘at the cantonments ‘and’ ‘at the
terminal depots on the Atlantic seaboard
it:is egsential that the * storage - areas
ermit . “une
loaning. of: freight cars.’'-*
CLASSROOM. IN: ‘CAVE;
PUPIL:AND ‘TEACHER
MASK ; AGAINST, GAS
France, Though’ Restrietieg’ Food,
Fuel and Light, Does-Not Ne- .
glect. Education of Youth.
“NEW YORK, July. 18.—-Schools ‘in
-caves, with pupils and teachers wearing
‘gas masks, are extremes to which war-
ridden France has: gone.to ensure for
every child “that heritage in. which alone:
is‘the prophecy of. an. enduring. nation,”
says ‘an official report to: the. regents of
the University ofthe’ State. of New’ Yori
by’*John -Finley,. president of..the: unt-
yi versity and state commissioner'of educa-
tion, who recently returned from an, edu-
cational mission in- France.
While France. has.restricted the use of
food, fuel,.and. light;”.has discouraged
travel; has mobilized every able-bodied
man tor defanse, she has not one moment
forgotten her future defense, said Presi-
dent Finley. -Women by thousands have
taken the places. of men teachers called
to the: front,“ many of .whom, finally
incapacitated ‘tor battle by wounds, havo
again returned to teach.
President Finley’ especially ‘sought the
advice of Fyance in meeting like condi-
ro. iar hy This. adylce, . surmmed, ;UP, Is,
é °
"Do ndt™ let” the” needs” a é the “hour,
and: women of.the day, permit neglect of
the defenses of tomorrow. Sacrifice every-
thing :to bequeath the spirit that has
made the institutions which we would
preserve ; and enlarge in our children.” a %
U-BOAT. COMMANDER
LAUDS.’ U."S.: JACKIES
ON BRILLIANT | FIGHT
Gunners’ ‘On “Moreni Battle’ With
I victed of this: crime ‘and: “sentenced to
Av ves
||| Saté-and-Pepper Coat Prom:
‘Which Patches H ave Been,
Cut, Pair of. Tan “Shoes,
&:Much-Scoured ‘ ‘and Clip-§
ppd, Ringer. ‘Nails, Held :
; Mono On Trial For His Life:
One of Three in CarFrom:.
‘Which. ‘Mrs.’ Hess’ Body
Was Thrown Into Chick
A egpabogue, Asserted
ae ae
pcos
§ Tay dark Sastt of” “clothes, popularly
called:salt and pepper. in color, «with:
six or eight patches cut? from the.
front and, half as many “from ‘the’:
sleeves of the coat;-a-pair ’ ‘ots tan,’
shoes,’ much worn and looking” as it’:
they had been scrubbed.’ hard;*! and.
the parings' “from several”, fingers, ?
stand out prominently in the é¢ase the:
state of -Alabama .is weaving’ against.
Albert Sanders, negro taxicab’ driver,*
ts.
.| who is‘on trial in the circuit ‘court. tors
the murder of Mrs,:Julia May Hess of-«
Fulton,; Ala.,’ yon the night. of May. 20, i
in’ this -city.*’ Fisher’ ‘Brooks,’ another...
negro’taxicab.’ driver; has’ been “consi.
‘Jhang on August 3,. next,.* * The state ‘{s:
endeavoring to :prove' that’: ‘2 Sanders: ,
was his’ partner in the’ crime.: “Brooks “e
was convicted} on, circumstantial’ ee
dence. | There | is, no;
agains wt ,Banderp.
ES Oe Of .
Be.Thamet May Be Star Witness.” Me
While Solicitor Clarke has not: ‘tully" ideces
veloped his case, it is understood that! Dr;
Eugene’ Thames, who qualified as ‘an: exit
pert on ‘blood spots at the trial of- Fisher,”
Brooks, will be the star witness‘ at: this.’
morning’s hearing. Dr. Thames will.proh- .
ably ‘testify that blood spots were: found’:
on the coat. identified as Sanders’, on: thei.
~— identified as those taken' from: Sony
‘ vay:
So*far’the state’ ra eas thet. Witers
ders ‘brought’ Mrs.° Hess’ in ‘his’ axicab's-
from the :Terminal Station‘ to’ the’ Hotel.. iN
St. Andrew,: where: he left her,: refusing”
to take his fare, fifty cents, saying that:
he would collect it.from her when he: re:
turned at.2 a.m. to take her to the Louis-"¥
ville and Nashville depot .for the’.train.::
leaving here at’ 2:30 a.m. ‘Sanders .‘did /,
not return to the hotel for Mrs. Hess; ‘but‘ cf
Fisher Brooks came,’ and the last’ gens.
of Mrs. Hess nites’ waa when she: Freres |
“ UR O 20° ste
Says He rei Negro. “at Fruit’ Stand: 4
Shortly before’ this” hour} die.)
ing ,
Charieay ‘
Q. Carman, foreman of the ‘rouné house:;
of. the Mobile and Ohio, saw a negro: gO,"
to’ a fruit»stand at the corner’ of Be
Joseph and Beauregaard,: purchase sqme>:
fruit and come out. As-he passed this \°
negro he was hailed'as “Good mornings‘;
cap.” «Something in the negro’s voice‘ )
caught his-attention and.the sound ‘of, it
lingered in his memory. After the mur=‘y
der of Mrs. Hess he went to the -county
jail at the raqnest! oft Assistant Fen weve 2
Po gine y Elitovic elee.. 6-70-1950 (Marengo
Pe.
Ala.) BIRMINGHAM TRUST &
the defendant conversing near the doctor's
ollice; and that the witness had a conversa-
tion with the doctor and, later, with the de
fendant. At this point the defendant pro-
pounded this question to his witness: “What
did Sanders (defendant) tell you?” The court
sustained this objection to the question:
“That no predicate had been laid for it.”
The court was not advised as to what the
defendant intended or expected to disclose
through an answer to this question. If the
Purpose was to bring out exculpatory state-
ments made by the defendant to the witness,
they would have been inadinissible, because
Self-serving. It cannot be supposed that the
object was to show incriminatory statements
by the defendant. The idea underlying the
particular objection interposed by the prose-
cution is not clear. verhaps the objector in-
terpreted the question as an effort to lay a
basis for evidence contradictory of the wit-
hess. In any event, the court committed no
error in declining to allow the question.
There is no possible argument for error in
the action of the court in declining to permit
the defendant to show by his Witness, the
chief of police, what Brooks told him were
the facts concerning the killing of Mrs. Hess.
The matter desired to be brought out was
hearsay. Brooks himself was subsequently
made a witness by the defendant, and testi-
fied at length. Of like inadmissible charac-
ter was the matter sought to be shown by the
question, propounded to defendant by his
counsel, what Fisher Brooks said to the de-
fendant, on Monday morning before the body
was found, when he asked Brooks for the
taxi fure he had commissioned Brooks to col-
lect from Mrs. Hess for the defendant’s sery-
ice in bringing her from the station to her
hotel early Sunday evening upon her arrival
in Mobile.
{10-12] In Support of his motion for a new
trial the defendant offered the “final state
meut” of Kisher Brooks. It was admitted by
the state that this “final statement” was the
last confession Iisher Brooks made on the
Morning he was hanged. The Prosecution’s
objection to the introduction of this “final
Statement” was Sustained by the court.
Brooks had, as stated, been introduced and
eXalined as a Witness for the defendant. On
his examination he testified that defendant
was entirely innocent of the murder of Mrs.
Hess. In his “final statement” he repeated
the statement that defendant was entirely in-
novent. Aside from other considerations that
rendered Brooks’ “final statement” ineffectu-
al to justify the court in sranting defendant
a new trial, the action of the court in the
Premises was warranted by the fact that, so
far as the matter recited in the “final state-
ment” bore upon defendant's innocence yel
hon, it was a repetition of what Brooks stat-
ed on his examination as a Witness for de-
Neh ce
SAVINGS CO. v. HOWELL 317
; fendant. The “final statement” presented
no case of newly discovered evidence, nor of
Surprise prejudicial to the defendant. It is
manifest that Brooks’ “final statement” was
not a dying declaration within the rules of
law rendering admissible that character of
evidence.
It cannot be affirmed that the court erred
in overruling the defendant's motion for a
new trial. Cobb y. Malone, 92 Ala. 630, 9
South. 738,
The judgment {fs affirmed.
Aflirmed. All the Justices concur,
(202 Ala, 39)
BIRMINGHAM TRUST & SAVINGS CO.
et al. v. HOWELL. (6 Diy, 738.)
(Supreme Court of Alabama. May 30, 1918.)
1. Bits anp NOTES €=>366—Bona I’'ipr Pur-
CHASER—W TrrE's Nors ror HUSBAND’s Dept.
A wife who has executed jointly with her
husband a negotiable note secured by mortgage
on her separate estate cannot avoid the note
and mortgage ag against a transferee who is a
holder in due course, as defined by Code 1907, §
5007, by invoking section 4497, as to wife’s be-
coming surety for her husband.
2. HUSBAND AND WIFE €=>171(4) — Jormnt
SURETYSUIP—Burpen or PRoor,
A joint undertaking by husband and wife
imports, prima facie, a joint obligation, as to
which the burden is on the wife to show that
the obligation was exclusively her husband's.
3. BILLS AND NOTES €=>341—Norice TO Pur-
CIIASER.
Knowledge by a transferee of a joint note
that the makers are husband and wife, and that
the property mortgaged as security belongs to
the wife, does not, by putting him on notice
that the wife is but a surety for her husband,
affect his defense that he is a holder in due
course,
4. MorTGAGES €>153—Bona Fiver Purcuas-
ER OF NOTE SECURED By MORTGAGE.
A mortgage Securing a note in the hands. of
a bona fide purchaser has the same protection
from equitable defenses of the maker as the
note; the mortgage being a mere incident of
the note.
Appeal from Circuit Court, Jefferson
County; Hugh’ A. Locke, Judge.
Bill by Fannie J. Iowell against the Bir-
mingham Trust & Savings Company and
others, to cancel a note and mortgage because
given for the debt of the husband. From de-
cree for complainant, respondents appeal, Re-
versed, rendered, and remanded.
Fannie J. Howell and husband jointly exe-
cuted a mortgage and note ‘to the Alabama
Penny Savings Bank, which wags transferred
by it to the Birmingham Trust & Savings
Bank. The bill shows that the note and
mortgage in question Were given as security
for the debt of Complainant’s husband. Re-
spondent demurred to the bill, which demur-
rers were overruled, Whereupon it filed its
answer and cross-bill, alleging that it pur-
chased said note and lnortgage before matur-
ity for value, without notice of any defenses
against them, and is a holder in due course
@-For other caseg see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Bie,
Ne 9 Ree ees,
++2-
Sat
ALS
Ce a
~
ae
ein
tne!
-
4
>
SRR iB: 5 ep ee aE <p
Seti
_
s
x
a
CARTY tA RRS
ROO
An
eae cg er ee
» Fasher, black, hanged Mobile, Ala., on August 3, I9I7, and SANDERS, Alber
hanged at (Mobile on July 19, 1918. ne
IUkhn Ca5~0
SANDERS vy. STATE KW 45)
a black,
Ala.)
that Barnes enjoyed, in January, 1912, some
information if not authority with respect to
the company’s desires or purposes at least
so far as this transaction, originating in
1909, was concerned. According to the testi-
mony, he told Beasley to give the company
his note that he might be certain to receive
the then delayed certificate Barnes had
promised (for the company) should come up-
on the payment of the $150 and the execu-
tion and delivery of the note for $300. It
was natural to suppose, as doubtless Beasley
did, that the status of a stockholder was a
prerequisite to the right to receive, accord-
ing to Barnes’ original assurance, the bene-
fit of dividends, and that this status would
be the better evidenced by the certificate so
attesting. The undisputed testimony is that
Beasley gave the mortgage in order to get
the certificate, an act in accord with Barnes’
suggestion or advice. The facts, acts, and
circumstances disclosed by the evidence pre-
vent the treatment of the matter of giving
the mortgage in 1912 as a distinct transac-
tion. It was the product of, was consequent
upon, the contract made in 1909. The exe-
cution of the mortgage was not necessarily
inconsistent with Beasley’s. continued reli-
ance upon Barnes’ assurance that he would
not be required to pay the balance ($750)
otherwise than through the application .of
dividends on the stock. The notes and mort-
gage represent an unqualified promise, only
a promise, to pay money, but there is noth-
ing in the terms of these papers that nega-
tived Beasley’s reliance or right to rely up-
on the previous assurance, given by Barnes
as the company’s agent, that the stated bal-
ance would be satisfied out of dividends on
the stock. Barlow v. Flemming, 6 Ala. 146.
The notes and mortgage were given and tak-
en subject to the stated condition of the
contract, with reference to the balance, en-
tered into by Beasley with Barnes. ‘These
considerations lead to the conclusion prevail-
ing below. The decree denying relief to the
complainant is therefore aflirmed.
Affirmed.
ANDERSON, C. J., and MAYFIELD and
GARDNER, JJ., concur.
(202 Ala. 87)
SANDERS v. STATE. (1 Div. 11.)
June 6, 1918.)
J. Crriminat, LAW €=>815(2)—INstrructions
—CIRCUMSTANTIAL FiVIDENCE.
Where there is positive, as well as circum-
stantial, evidence in a criminal case, it is prop-
er to refuse special requests for instructions
which assume that defendant’s guilt depends on
circumstantial evidence.
2. Jury €—=131(11) — WxamInation or Jvu-
RORS.
Defendant, in a homicide case, was properly
not allowed to repeat in inquiry to jurors a
question with reference to their freedom from
(Supreme Court of Alabama.
aeihi isan
bias or prejudice that had been previously pro-
pounded by the court.
3. CRIMINAL LAW ¢€=444—EvipENcE—Dno-
TOGRAPH—FOUNDATION,
In a homicide case, a photograph of deceas-
ed was properly admitted to identify the body,
where authenticated by husband’s testimony
that his wife's living likeness was reproduced
by the photograph, although there was no actual
dispute as to identity of the body.
4. CriMINAL LAW ¢==422(1) — EvipENcre —
[COvuriinann CONFESSION,
A. prisoner in jail could testify as to a con-
versation he heard between two other prisoners,
accused of a crime, upon the issue of guilt vel
non of one of them.
5. CRIMINAL Law €531(3)—Conressions—
PREDICATE.
If a predicate for the introduction of a con-
versation involving a confession was necessary,
the preliminary testimony of the witness, show-
ing that the statements were not otherwise
than voluntary, was suflicient.
6. WITNESSES €=2379(1) — INCONSISTENT
STATEMENTS.
A prisoner could testify as to a conversation
between two other prisoners, accused of the
crime in question, upon the trial of one of them,
to reflect light upon the truth of statements
made by the other while a witness for defendant.
7 CRIMINAL LAW €==670—DVIDENCE.
An objection to a question asked an officer
introduced by defendant as to what defendant
said when he was arrested, was properly sus-
tained; the court not being advised as to what
was expected to be sbown.
8. CRIMINAL LAW ¢€==419, 420(4)—Heanrsay.
Defendant could not show by a witness what
another person convicted of the same crime told
him were the facts concerning the killing, the
matter being hearsay; such other person sub-
sequently being made a witness.
9. CRIMINAL Law @==413(1) — Evipence —
SELF-SERVING STATEMENTS.
Defendant, in a criminal case, cannot ex-
amine a witness as to self-serving statements
made by defendant.
10. Criminan Law €=941(1)\—New TrraLt—
NEWLY DISCOVERED HVIDENCE.
A last confession made by one about to be
hanged. was not uewly discovered evidence,
where it was only repetition of what such per-
son had previously testified to in the case.
11. CrimiInAL LAw €936(4)—Nrew TrIAL—
~ SURPRISE.
Introduction of a final statement, made by
one just previous to his execution for the same
crime for which defendant was on trial, held
not surprise, prejudicial to defendant.
12. HomicIpE @==200 — Evipencs — Dy-
ING DECLARATIONS.
A. “final statement,” made by a person the
morning he was hanged, that another person
was not guilty of the crime, was not a dying
declaration.
Appeal from Circuit Court, Mobile County;
Norvelle R. Leigh, Jr., Judge.
Albert Sanders was convicted of murder,
and he appeals. Affirmed.
The following are the charges refused to
the defendant and directed to be set out:
“(d) The evidence against the defendant is
circumstantial, and his innocence should be pre-
sumed by the jury until his guilt is established
by the evidence, in all the material aspects of
the ease, beyond a reasonable doubt and to a
moral certainty.”
(5) Same as (d), and adds: “To find him guil-
ty, the evidence must be strong and cogent;
J ‘ 5
¢—=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
|
76:
bes te, ex
DS ae
mh Aas WBS 22 Sua ie AI US iti PHB 2.
wae
376 79 SOUTHERN REPORTSR (Ala,
and, unless it is so strong and cogent as to
show guilt to a moral certainty, the jury must
find him not guilty.”
“(11) The court charges the jury that where
the evidence is purely circumstantial, the de-
fendant should not be found guilty, unless the
evidence against him is such as to exclude, to a
moral certainty, every reasonable hypothesis
but that of his guilt.
“(12) The test of circumstantial evidence, in
a criminal case is, Are the circumstances so
proven capable of explanation upon any rea-
sonable hypothesis, consistent with defendant’s
innocence? If they are capable of such expla-
pation, then the defendant should be acquitted.”
Brooks & McMillan and J. B. Jenkins, all
of Mobile, for appellant. I’. Loyd Tate, Atty.
Gen., and David W. W. Fuller, Asst. Atty.
Gen., for the State.
McCLELLAN, J. The appellant has been
sentenced to death for the murder of Mrs.
Julia May Hess. The corpus delicti was
proven. There was evidence tending to show
that her death was caused by knife wounds
or strangulation, or both, thus justifying the
trial court in refusing to the defendant the
general affirmative charge on the theory that
the second count was entirely unsupported,
in a material respect, by the evidence. The
issue due to be submitted to the jury was
whether the appellant was a guilty agent in
the perpetration of this brutal murder; the
theory of the prosecution being that the de-
fendant and Fisher Brooks robbed and killed
Mrs. Hess. The appellant is a negro. He
was a taxicab driver in Mobile. Fisher
Brooks, negro, was also a taxicab driver
there. Brooks was found guilty of the mur-
der of Mrs. Hess, and was hanged at Mobile
on August 3, 1917. Brooks had been con-
victed before appellant’s trial took place on
July 19-21, 1917. As indicated, the guilt vel
non of the appellant was, under the whole
evidence, a question to be decided by the
jury.
[1] The soundness of a conclusion that ap-
pellant was a guilty participant in the murder
of Mrs. Hess depended upon the credence to
be accorded the testimony, circumstantial as
well as positive, of the witnesses. The evi-
dence pointing to appellant’s guilt was not
entirely circumstantial. There was impor-
tant evidence against the appellant that was
positive in character and effect. Since the
evidence against the appellant was not en-
tirely circumstantial, the trial court was jus-
tified in refusing these of the defendant’s
special requests for instructions: (d), 5, 11,
and 12, which the report of the appeal will
reproduce.
[2] There was no error in declining to al
low the defendant to repeat, in inquiry to ju-
rors as they were being qualified, a question
with reference to their freedom from bias or
prejudice that, the bill of exceptions recites,
had been previously propounded by the court
to the persons called to jury service in that
cause.
[3] Mrs. Hess was killed on Monday, about
2a.m., May 21, 1917. Her body was thrown
from a bridge into a stream in Mobile coun-
ty.. Her place of residence, with her hus-
band, was some distance from »lobile. The
body rose to the surface of the stream, and
was recovered on Thursday following her
death. It was disfigured. The husband iden-
tified the body as being that of his wife. He
produced a photograph on which, he testified,
her living likeness was reproduced. The
prosecution offered this picture in evidence,
and over defendant’s objection it was admit-
ted and passed to the jury. The photograph,
when thus authenticated, was admissible in
evidence for the purpose of identifying the
body as being that of Mrs. Hess. Luke v.
Calhoun County, 52 Ala. 115; Udderzook v.
Commonwealth, 76 Va. 340; People v. Dur-
rant, 116 Cal. 179, 48 Pac. 75; Kansas City,
ete, R. R. Co. v. Smith, 90 Ala. 25, 27, 8
South. 48, 24 Am. St. Rep. 753; Wilson v.
United States, 162 U. 8S. 618, 621, 16 Sup. Ct.
895, 40 L. Ed. 1090; 9 EEncy. Evi. pp. 772, 773,
780, 781; Malachi vy. State. SO Ala. 134, 159,
8 South. 104: Rollings v. State, 1G0 Ala. 82.
49 South. 329. This rule’s observance is not
affected, one way or the other, by the fact
that there is in the evidence given by the wit-
ness or witnesses no actual dispute as to the
identity of the body of the deceased.
[4-6] Bush, a fellow prisoner in the Mobile
jail with Fisher Brooks and this defendant,
was introduced by the state to testify to a
conversation between Iisher Brooks and the
defendant, during the pendency of the de-
fendant’s trial, which the witness said he
overheard from his cell above the line of
cells occupied, respectively, by Brooks and
the defendant. If a predicate for the intro-
duction of this conversation was necessary,
as upon the notion that its recital involved a
confession by defendant, or implications to
that effect, the condition was afforded by the
preliminary testimony of the witness, where-
by it was shown that neither the statements
attributed to the defendant nor those attrib-
uted to Brooks were otherwise than volun-
tary. There was no error in the admission
of the testimony of the witness Bush. It
was, if credited by the jury, material and rel-
evant to the issue of guilt vel non, as well as
in its quality to reflect light upon the truth
of the statements previously made by Brooks
when he took the stand as a witness for de-
fendant.
[7-9] Chief of Police Van Liew was intro-
duced by the defendant. Subsequently he
wus recalled by the defendant for further di-
rect examination. On this examination the
chief of police testified that, after the body
was found, be sent detectives for Sanders
(defendant); that Brooks came in and had a
conversation with the witness and the wit-
ness sent for defendant, using Brooks for
the purpose; that a detective brought defend-
ant in; tliat Dr. Sherard informed the wit-
ness that he, the doctor, had seen Brooks aud
Selena id
:
i P iy ’ + tay ¢ * t Has * sr, [9 a . o mee fei Cwithy . shed ha’ : ' ee
es Matched with: the x i Thr mem the Hd vd aod - : , fenf. '
ith prisoner, and here of heard) aod -ekebot.. wore Wa Se clack” al the woeitad
+ i :
Let Det few drew close te get a rood look | { Ory) aad! weet: fo her: aeeintance. | Hlankens ;
at. the eqhtlers.i | Lath Khe was carried 10ta-fbe house end 8] hehe Stary rate” pase? aot the cubinet had arrived at the
i di he negro wae taken at once te thal PU7MCINA, hastily suiumoned? After! tew mbrutes andthe crows dls. Hons snd spon were seated
os arrived the young: woman revivet tweeted Th al Mee aeeee i | [tee Pammitinr atte. Preadent-
Jef: ayd placed tn a oll He! aod-in broken: gentences fold of t elt eecupled a sent et-ite bead ax
stteq seme dinner, end ne of two} hed rd: Bhe could bardty mate |: ithe whale long occu
M aneeee house. s vied by hie
ptedte engage kim in’ conversa: | herself beard ‘beraune her thront had}: tp Me ti) aven! Gecqseor. It. all seemed. ;
ie Wee nyorone and sullen, how: | betome vo badly swollen from the arip} ing “Arthur: Blankenehip. atill snp} eee deveted advisore of ~ the
yrer, and refused ray anything} Of the negro when: he clutched: her but he le hadly woonded Pregidant to pit: at- the table. wit
Scareely. contentipg® bimeelt with! neck. Peet "NEGRO APURETRIF AWAY, {100 at Ite bead. and -the gloom
out his réplies to questions, | At once there wae an morement for 4 cher: the heary? ratiy that+s solemnity which charactertsed
hi) BAW A PREACHER. ypeeee. The father of the girl and flown fellowfh marie thee pew foreting, wae not wahetitring th
\ @ipeerety after bet placed in Jali! other relatives spread. the newn over sitpped ont “of heck acerar tke contt canton.
Brown wresasked if he woald sen al the nethhorhood and) pretty sown ' * conrt! Nearly. all of members
‘ ce ‘ house and through the woods tywants y the of
winietet ahd he sald yes, though he! there wae a big posre in search of the the Alabania (rdat: Southern’ rallroad cabinet are quite sure to remaiz
exbittted no interest fo the matter and { H°xtY. ‘ where a south-boand freigbt + * 3 ing Mr. Roosevelt's term, but
Di did/net seem to telly realize that he RRUTE WAR KNOWN: flageal:. Fhe peiscser waa placed in{ Yery Probable’ that feeretary }
ij wap about to stand hefore hie Maker.) The girl bad told who the negro wae}. oat eae hy two dewetien kn pes thf wift retire Avithin the next few rear
Rey. Dr. Olmsteed. a Methodiet min-| She liad ele said that he had threwn lips new A of Bi rerelat das He feels that" he can resiga wit
ferer, was thes taken into the cell.) away hts shoes and works at the pond | nequgnt pack. to Riel eae gen euiberrasement to’ Mr. Roneewalt
where be remained for some time try.) Where the aesautt: wan committed and ing “et ahout & o° idok 8 a ee therefore it ts thous ht that -withte
(fag to taterest the doomed man. “tie; ther would serve to identify him. The! has heen here until-this a avin ver next few months he will ak the P
“prayed WD bim and withdrew, This; posse Cound these ae she had sald andj ne was carried ‘back to A vrrbiptren dent to permit hi; ‘to retire pri
: ae tnd be ot pom the-een field sect rae bey pe We etal pa of ‘Rrown}. MADE A CONFESAION. ~ {ite ne : M
i wa eviprit and offered # abort prayer Fond a doubt the question of ideau ae rae 4 “ey ; . s session
Bai) retteithe Aro Fett: mi | ity. was xettied. tbecrtat’ Broo smnae pe Tai-eubdeeptant bhstevoc ene a baleten orators b
“BROUGHT FROM JAIL. The séareh wae then taken wp, The! ps5 arktiowleiged the de Dig corr ia rhea and a half. 2 - tha ee ,
Brawn wae brought from the jed at; farin of Mr, Pressley. where the ne! thie he wae yatity and koew the eat ab matt pe “
peda, in company with Chief Deputy) «To Worked. was carefully gone over.) wap goth vena -— _ 4 1hatbe | Important questions whieb 4
Gheci® Albert. Stredford of, Rirming.| 40d the foimediate territory examin. had pede weetabed protection SeaeDet she attwetion Gk the: Hew —
date, “Chief Deputy Sher crow of/ edi There was no trace of the Cuél-| that he had tereived Mt he hoped: thet lest Attcrnc, Creel Mean
Rt. Ctatr epintr. one or two other dep tite and thé conviction waa accepted | 44 wonld be given to him ee that copt:, Attorney-General Kvox.
q 4 ~ . on matter of preran piwensice hi tiade ‘his escape from the! on the aallewak He anid ines Byres re for aber rae - xiow
BW, Higvon, of the Nation | comtbunity. ’ ‘ peeraer: osc
thn Rinhipenberaion. ‘ihe alec REARCHING PARTY Grew. ebaral. ' oeg vod emt tase hadi dent the policy. whieh bed
the minister tentioned. The size of the searching party srew| was pekad for Age apple & Sseynboheenser cents acl, | pate
- Cotenel “Higdon and Mr. Stradford | as the news spread, unti) there were! WOLD H&VE NO RELIGION| rete tlhe thes oad gh
went vp en the eraffald with the S¢.jreters! hundred men tn ft, and every | Ha did not accept thé comfort offer-[ee ed telat ae ag ht dat
Clair B fo Bid in the execution, | foot of the country wan agon scoured. | ed by the ministers and rem ined my
‘The rid bad teen erected inside} but without. auccess. Jig” Brown had! anilen to the time he left the te A ch tt pane gs ont yh yd
+ the: jail yard. ahd stood twenty fret! (itappeored as completely as if the! few: dave AGO. Beveral: citinens ealled Met hace er Paget fan cee tren
fn the atr, The fence around the jail) ¢Arth had opened up and swallowed! at the comuty Jail bere te see him and bs yeit's.; mbality 2 weve
wap oaly twelve’ feet high. which hit, rs , ; one of the deputies tagk them into the eure avetrang,; Ani B04‘ Goaee
lh weg hel We eo high ebove the ‘ hoa ab) Stel ade place where the negro was confine. ve esitstinoct isthe cows a ;
e Inelosure. that ‘or go later . or one} hoses "The sn o *
on t hat all ‘could ay posse, or mi Brown war lying on. the. floor and. be an they gave it to the tate F f
‘
a ee
oe
PS Ds
Gdiow | portion of it, tome upop @ suspicions! abeotutely refused: to get up. er ¢
REPUDIATED CONFERBION, «| Pesto at Leeds He was commanded] tet bi ee ty tA eplde tle Aeere fe:
. m | tethis cel wae entered. lerit be selected by the pew ©
. Phe: prisoner wes asked tf be bad} to. throw up hie hands and‘anbmit to TROOPS WEX N ws
Gusthiog to say. and -he replied that] street. He refased:to do. so, and brokels The.two officers wha took Teil BS eb eiicndiraningt Sart Plan
wished to assert that he was inne. | ito @ tum. At once balf a dozen of! renterday, After. the. negro fn thie the mrsserence of Me tule
of the charge for which he was! More w Weut after hijo, and whep | that-there wae consiierahle Uneasiness |g sie ve ieee
Genvicted. Fle reptidiated the confes.{ the’ smoke cleerm! away, he tay on{ at Axhville and tt looked as if there ‘LOUDLY CHEERED
dler mede on the train. coming to Br | the ground dead. He was not the man| might BS inane Thie was’ communi. |: , Pe.
cated te Governor Jelks at-Montgem |<. % neon '
{allow bimgpelf to be takeo and identt.| ery, who ortered Cofonel Fi ix Higd
eet tee oe) hed Ni commanding’ the - Alabama National Were Duke.
: vere . 4% appeare... caine | from} Guard, to take 100 pirked | wen 49 ‘Corawal
it + and : thither’ mew-| Ashville, MUpansing Deputy Sher. ,
waged were tent to .the authorities, } ifs Crowe and “with the 4
asking theni.to. be on the lookout: for] in ordee to keep down any possible oie
d order i
f rwatty
ety for Colonel Hilgdon vent out notice t the oe Canada, Sept. 308
Col LW seis fipna: thestiticl Deeouer bans ives, Conran ea) ra Rohe and iDermaenagscoreesl
fend, of. Biraitagham gel - 8s hg Volunteees and Compate £: Wroeg | Montreal for Ottows st 9 e'elock
arms, | Fle r oe a ers Tol iawe Rides to De tf readiness at 6:
| DEATH-BY STRANGULATION: -~|_ Heomn,. comm ing for: the trip to
; alo padre ; en tiomede’ chia? : srranged fori fd Lat the Luke of York’s Royal Cay
arin teeter ; : : Hussars. drove to Winchester sthe
The Fifth Royal Scuts and Thing ’
toria Kifies acted. da guards of
and other
7 x
bs
S22
+ eg es
jfrete: ay ‘mine privates:
Company Ui, 3 “Volunteers,
Captain H. By Kenpedy tn command;
Lieutenants: Sgt“ Yeretman, R. 3.
Gregory anti Jag: Laveman with twen-
ty. privates.” 4é ’ ; {
Company, A, the Whottawa Risen; *
Captain A.W. MeDaniel m command: tr¢ins were held at Montreal g
whh twenty-Gve men were taken og | tive for belf an boar. a ;
"iat Woodlawa. 0 8 el
i ; the > National}
hie »- humor whey.
pik?
iG
2
‘| ee
135, ANNISTON, ALAR
: ~ Colleglate, academic, aod: primary c
partmeats, -.
2) Mushy art and iphroteat caltire,
Reantiful. hue, radere |
: cate fmt wralnia
\
For eatatoge ade
; a Children’ < ‘Lace. ue 35¢
y | NOBLE INSTITUTE
LOCESAN SCHOOL - “POR Namie oe ee
Sixteenth Sears. op ons Soot: 1a, 1001 ae
= eqelpmeeet. acd
Rt, Rev, ce. Barawel, _Eptecopal View ret
- , court house at Adhuille to Birmingbam
oe coal car. followed. .-
4 to Judge Petham at Ashville announce
eSnTy andl ‘WoULT ANORTTY Be Wuded Ta
prea: peri the came traio south’ of
‘hitney aod a ride to. Rirmiagpa | tn
From Trussville a. jeeetin wae sent
ing that the negro was in: Jefferson |
Ae ‘pepeabads jell. sae
AN EXCITING. @ tar. eh.
. ‘The trip with the negro - frora the
re OS es re Sheba
"werw. away after weepona sad am
- anunition. and >
‘wounded, Jurige Pelham entered the
« “and the rein: + whieh janis “{artahately
4a time to coal thé fever of the mob
om the outeide of the court hause fell
ot torrerite.. The members: of the mow.
‘attending to their
-dlepesition on amoung the guards to
give. op the pegro to the people on
the ontaide: A vote. taken favored
such action, but when the young judge |:
* bade the men uphold:the lew and dig- |
nity of the county to the last moment
gil such idea was rescinded. ~
~*~. Then Judge Pelhem amnonnced that
“the only way that the prisoner was to
“pe safely kept would be for two men
to offer their lives and carry the negro
off, cisher towards chatanacss or to
Birmingham, © >
Former Sheriff ‘Treece. “and Woa .
Starne—offered—thelr -services:
Children’s. ‘droy p stitched:
i Hose: 35c value,. at26e ez
.°, Children’s ribbed: Hose, 25¢
Pcalde: at 17 1-26.
‘Children’s nibbed Hose, 38 :
i value, at 260. :
“® Children’s ribbed 1 Hose, 40c
walue, at 35c. pee
1 \ Pain. Ta eta Ribbon, 442
te inches, 1 afl pee ee
Plain Taffeta Ribbon, §
“inthes, 180” t
Qiberty Satin, © ‘black: and
““¢olprs 3 1-2 inches, 25e -
Liberty) Satin, black. ant
; cpt, inches, 300 ‘
White: Dressing, ’ :
_ Sacques: =
ae a few. more left fo
out at half price. oN
* Remnants
Big: lot. short lengths —
a i Cawny. Dimities and Percales,
. choice: Patera sat HALES
PRICE. :
Sune Corsets: |
- $0c ‘and 7521 “quality. to 1a
oe » close out at.. ERIE cease et
See Show. Window—worth Re
$1.25 and 8150,” choice at... Pr 760
; gouthbound Alabema: Greet Southern
‘
mule tracks would be followed, delib..
2 _ woods but-the brave efficern with the
. pegro outwitted them:- Brown wes
" gpxtoas to get away from: that section
god be rap as hard as he could. with
_ the e@icers and did. ovecrihing pose.
© of Engineer Hall and Conductot J. D.
‘flagged down apd the conductor con-
ed in 2 large gondola conl car eix.or
© While the mob was busy after. guns,
“ete. the uegro was burried through
the rear:of the court house and to the
woods. : Two: mules were secured by | =
“to gehen Judge Pelhaw cand | ‘Cireutt
Court Clerk Hood came to the court}
‘rente. ae
After going nie miflee. Pont in. the
oods the deputies, fearing that their
erately turned the animals loose, acare |
he. Diese +) Oe Teeny : v
for was there an ‘event which attra
eo--roach: attention: from ell parts or
the county as this and never. were
Yeslings so quickly aroused. Though
there had been membling’ for. some
deyn past with threete: te -tyneb: Sim
down the attempt. . it appears that
there was's programme arranged,” bat
Peet rer aa on be eitarenare: anttt
Brown. ‘The court. ;wan convened prop,
erty. thé” Jury. wee draws: in. folk ae
cotdpace with the law. ‘The defend-
sat plead not guilty, the witnesees”
were examined faltifully andthe juty
charged impartially and freely. Judge
Pelham was determined that the law
menaget eye ‘the oth
WH be started up.
order about. the--
remneiales, aasy t
Lioea, butthelack-ef-a- leader sept Ate
Cards of . caution
apg: the men. fot
by organisers F
Gel w yatt, of le
while t€6 fn
the foreigners. siol
ances were tajar
stattow atould be supreme. 2n4 bis
able manner. of : conducting. court: re
dounde: to his‘ credit, °*
It wae announced that at po’ clock the
trial would begin but long before that
[hour there was a crowd of two or
‘| three hundred people at leant in front
of the: court house and on the steps
leading up to the court room. Sheriff
Tt. North, who was busy arranging
hia: guards and deputies to carry out
the Instructions: of th¢-court and up-
hold his aworn duty. was inside the
jeourt, house with the
_prisoner..
bate, Judge’ Foreman, of apriageilie
and formet Sheriffs’ Nuanaleé and
Treece, were with the Sheriff, elving
him: valuable agsiatanee.
POMMENSE Crown.”
the crowd gare way to allow. them te
pana; A News reporter wae in the
court: boure; When those Inside hed
taken. their places, the guards. all
ing. them back towards Ashville.
-* CHASE TO RAILROAD.
Lo Thee | came a close chase through: ike
“woods towards the railroad. Several
times men with guns were seen in ‘the
ble to expedite the trip.
Bome: distance north: ‘ot ‘Asnvitle ’ a
freight trails, local No. 89, in charge
McCool, wae seen appreacbing. It was
eented to allawed the negro to he plac
rooms. “No demonstration” “except to
find places to alt or stand was made,
A rumor prevailed that the floor showed
signs of weakening and might fall but
thts frightened but fews oon:
Four policemea.
milt throughoot : tf
Jn the. missionary.
Rumor. wae cu
ence. had Been «
noop at Atealgama
motive «Firemen:
White, of the 4
America, and Rah
tary of the Nation
What the object of
‘not stated, but
steps might be tr
epeedy Btrlement
Preaident Shafte
around the railing. a.bell orer rhe | I
building was rung and: the: doors
‘thrown open. Inside of a few minutes
the room was crowded to suffocation.
and many had to stand In adjoining |
“MThe prosecuting attorneys, Soltcitor Cs
T. W. Coleman and: Assistant. W, BR.
Cather, wete on hand-as were the two
gentlemen appointed to defend the ne.
gro, Judge: Jon WwW: inser med dA :
Embry.
_- Order wag called - Her and’: S Probete
Judge Foreman arose: and addresed
the crowd telling them that. all Attle
boys would ‘have: to: leave the coart
room. “If my own little boy te in thie|
crowd,” sald Judge Foreman, “he mast |.
get out.” lu a few minutes the boya
were ejected, ‘ Then. the sheriff an
pounced: coprt. opened and Judge Pet
| bans called the case ageinet Jim}
| Brown... Both siden sunewanced ready pe
when the narare, of witheners hag bere,
& ipalied, as: follows;
| For Rtate— Mies. Ded - Garrett, John
*
- i,
ee wae ‘abou | re COU: houses sivmine larger and | i
roo excepe. Atel. ryeres. w sae) inuch jeiking |
When sbe_ being ‘Wond, but there ie hies signe thal’
“she “wae DRANTTNIM Wat ROME te Ape: Tee t
Ofy the negtre: Shert® yautioded his ire aul ja the |
cop, she sald: | vourt Donne with the: gegre \to be care
1 cere) fuk AN the attorneys and Jinige Pel.
yy P hana retired. from’ the building. ee
Plone Yhe| /A delegation: fronr the mes a the
nter the. Spawning frat athe came up the stepebalf- way
ee asked tor! and wereymet by Nherlf North who
teh rope nite.
39c and:
_ to 5,
§,65¢ and ©!
Bito
Drasconetpier preamee age
5 ember ee seein
Lots of Tease are being code re good]
UP.
‘Children, 8:3 to O11. le 1, 756 &
anharchabhn -I-to- 2, 98c-
SIZES
“poked them what they: wanted. One |
‘of. them) acted a spokeman and sald j
J that thé mea wanted to know if the |
{Ds oe. Wak going to be kept in Ashville ;
‘eartiel to | Birwiingham. © They’,
mania to Know also if the negro wae
going tO bel hanged publicly.
Sheriff: News told the men to return:
to he crowd and way that, the eae
“would be bhnged: io Ashville and tat;
the: hanging, would bea public: one: Hei ——
oe The Big *
Shoe Store
for ca
pram main mee
cl “would hot /prowlse ‘on the matter of”
: at rying,\t
}® prinoper aways)! ©
AY thig|t
he waa doing everything in his power
ees: to keep (lown ‘trouble but: the eherift”
must promise otto carry. the: negro
aye This) apres, would: Dot. be
‘Phorees half a block away.
at. the windows watching the men out:
| eide moving to and fro.) Mr, Compten,
‘who lives at Springville and who Is 9-
iprencher and medicine agent in. St.
lair county, started an. anction of
’ Hie inten.
tlon was to attract the crowd away !
1 trom the ceart house but lees (han one
handred men fdilowed bim.) >.
«Then Mr ol. Garrett, father of the |.
mounted the court house stepe:
iF chem to allow the law. to take its)
;couree. Rev. 5. R. Emerson, the Meth.
edist pastor; who was formerly.a pas’
tor In this city, but pow statioped at
Springville, addressed the. mob.
pL. Clets. Hood also made epeceh, - and}
Mr. Compton again spoke to eereet
All thie was of no avail and ©
crowd rapidiy became’ more and mote
puchulest
1p the miennhine the begs was hand.
cuffed, & chain attached to the band.
wan -placed to a corner tn
the court room. He waa swially |
scared and thought bis time had come,
} A Newe reporter wae-telkiag-wita.
the Sheriff in: the frent part of the
spper floor of the court Bouse when a |
man ruebed up ‘the steps. : This men
fired & shot aud is. mock surprise de.
manded: grufiy to know: who bed dle
charged the weapon, “The: speaker
not wih hin ae be'etidently etpected.,
jim a.serond he was ‘bustled) down
, wtaire. At thie ‘thme Deputy. ‘Trud’
shot gun went @ accidentty. Ae
ute Henry Biaukenship, an.
. old. ‘eltlaen/ of the county, entered the
, | COUT house and wildly. announced. ihat
: enous, the guards firing from the court
‘| tack.
ie -| Walter Riankenship,” ward: 25, fired <
E Tew gestae in wne coon! fpiice aire five times towards a window. on the |
; ‘viet
nuit addressed’ the crowd) He asked; —
be | and lt proved a b
then looked around’ but’ the mob was |.
ae SHOOTING OPENS UP.
: The shooting then became premis-
bouse’ windows. and: the: mob. Arla:
fromthe. ground, >:
‘Non combatants, Including. the news:
‘paper representatives, sought ‘the jury {-
‘room ‘in. the rear of tbe court house
and Sfrow. the windows watched the at’
lt lasted but 8 few momenta. :
sooth aide of the building: and befare
his last. shot was fred he: was noticed
to stumble, and ategyering for a few.
feet, he fell, He: wee Bhot through, the]:
head. :
His fathers wan. co hie. ‘side in a
moment. Mr Ay Crow: fatherin law
‘of Bheriff North,’ proprietor of one of
the hotela in Ashville, yas ween wild
ly waving @ white handkerchief age
sign of truce. ie
On the front. part “of. the. ‘building
Arthur \Blapkenship, brether of Wal-
ter; fell: ‘pierced --writh: numerona shag |
ine the right ey j bee Dreaat a ‘ab!
ordered the mea 10 the windows after
the. fire: shot was fired...
Last night. all waa quiet: Ae “Aah:
ville, though. the events: of ‘the: day
left. erery Posy: excited iahia Spprened:
aren,
Miss Garret: wae in: a fenat’ room’ ‘at
the Crow Hotel; tess than half a hinek
from: the court ‘honee, at the Ume of
‘the wounded” U plankeusbint:
Cudhinn: fearfal.. a
- SOLDIERS: ‘ORDERED OUT,
wheal the’ ‘mob made the firet demon.
stration Sheriff North sent out word.
to bave the Govervor notified to send):
net slened hy. Sheriff North, and the’
telegraph operator, it fs ‘ald, refused}
to send it This was: fixed - -Op. in a
few: momenta.” ‘however,
noon the—flovernor was:
the ‘condition of affairn 2 (7
‘The Sheriff alse sent a message to
Col BE, L. Higdon, commanding the
denien, "
RAIN Aa “BLRSAING.. ar ke
‘The firiag cegerd ' atuinet. Batquickly
as it began. A heevy: rain came op.
a. for. it cooled
the ardor. of the mew, Many ran for
their: horses’ and mules, ‘which were
hitched ‘all around’ the © ¢ourt house,
and. made off in every direction.
- Walter: Byenkeaship wee: cberied
auieniy-to Base’ Grog store and physi
ciene @ummoned.: Arthur Blankenship
way carriedto “Crow's: ‘Hote where
physiciang were summoned for bin.
Waker Biaakenship. mover: pegained:
conscionaness, dying an” hour Jater:
A News ‘tepotter” spoke. to Ar-
‘ther yg a sole dah ae was,
aubreie van bleed © :
come. pel for 1 am hurting luside.”
‘Ne effort: wae made ,to. get im to
“| phe further’ statement, for! tt was
evident that he wee Ja terri
ih Mttle boy: of Jamon ‘Ha
pata...
yy. Was
[eresed on the head with'a what. ne-{'
pads little. Boss, ne received! po
[merks,
“Min an hoor sad 4 ait
easing | it
Third Regiment, Alabama ‘National
| ORLA Birmingham. telling him...to |.
vat once ‘to: Ashville, with an
aug: men as: be coukt get. together.
The Colonel also received ordera:fram
Governor. Jelks withis. 0 (rw moments
after: he reevived the: message from
at cace fe the support of the oMiciabe |
“Colenel. Higdon : at once eont cout’!
armories, and withia e few ‘moments
the boze began to gether. The officers
of the fii eter apres ‘Flattation, con
posed of
reepboded “promptly.
“Lieut. Lacten
forty-three: men, apd | Lieat. Robert,
Gregory. of “Company” “Ge thirty-five,’
Troop D. alea summoned, sunounced
twenty-five men along with the ment
bers, of the infantry. The: Be
Rifles: Cempany -*
thirty-five mee, reportion
“}had been aptrited away.
soldiers .at ones. The mesmage was | tall
and ‘pret ty
informed of
oft atEast—Lake
Asbvitie, lostracting him to proceed | turn
rooners.. to. summon .men, tothe.
- Companies A, GQ, Ke: and Hd)
Brown, of Company. K; s00n: teported |
bring the men ta Rirmingbams. ~~
‘A apeelal train was ready to take
‘the men from here, scheduled to leave
at 4 o'clock. This was secured fron
the Alnhama Great Sonthern ib ddatct de
who were decidedly prompt. |
* When afl was ready to go, aweeat:
a message came trem Roeriff. North
not to send the soldiers, ol bape ee
eR
The promptaces with whiek 2 large
Lwne brought to the hotel and. placed. a force. was_gathered . attest thee
in an adjglaing room her. angulsh was,
elency of the Birmingham military.
| Catone) Higdon” was was highly — ‘compli-
‘peated by the: Governog ‘ yeaterfiay
{afternoon with the splendid” ‘Wesner
tn which the call for soldiers was re
® hae to py-the Birmingham Bat-
and Troop DD.” They «would
nave” Jott in -fitteen> .miautes;. fully
mquipped for a hard eamspaige, | iatet
evn nce tenet
"Gramb‘s ‘Orchestra
night tor dancing. Lax
dies free. gent femen
oe cents. yee ‘
me ‘sinthins Great: Sootherd: ra ra
+ road will. operate: a.
train Birminghaw te’ and fe
t sp
Pas
2:
arate watery Mewiighomske
a. ™., retarateg leave dip beret
wis. Oe gpa Rate 82.00
round Tacommotations toe bite
\. For. further tnformation, i stl
Puscenatr Offiee, 2018 First arena,
i, ‘Watoh the 1e Stoodmas*! ©
“Music. ‘at: Ven ia
Place: Tuesuay: -
‘“
Friday’ nighte, u"
ee
a
A
tora
ny " As § act a
cn
pleat AL"
DIRMINGHAY, ALA, FRIDAY. 4
a
Fo aay
Gallows from) Which He
Was Hung Was in
Plain’ View of»
Populace.
——_SWDERS THR, UT HORE
\
Operial to the Mirmingham' News! :
‘Ashville, Ain, Sept, 3),-Jim Brown,’
the &t. Clair’ vounty rapist, paid the
penalty: for his brutal avsanit on a
, young lady near Rpringville iast: May
*oday. He was hanged by the officers
of the law here in the presence of sev-
wt eral Bundred peopie until he was dead.
the end coming after eighteen minutes
oy strangling and straggling.
hae
GQ
NE,
ca
*
~~ foto line with the prisoper and officers }
4,
at the paldiers. 5
2 geeredy;, _cmmtentt
% . where be remained for anne time try
oe Bie
% oothy
2 There was'a Wg crowd of people Jo! orn railroad.
howil: but Bo demonatration ‘wae made
and the execntion passed Uff without
4 bitch, other than that > the kuot
slipped under the chin of the negro?
and be died jn the most horrible con-
/tortions.
REACHED, WHITNEY, h
The perty with the ttegro, ebantsting
of officers of St. Clair county, Chlef
Deputy Sheriff Albert Ntradfurd ‘of
this county, newapaper men and a
4 military escort of une hundred picked
“when of the ‘Third Regiment,’ under
command of the Colonel of the Keg!-
ment, E. I, Higdon, reached Whitary,
the Ashville station on the Alabama
Great Boathern Railroad. at 9 oO clock,
having Jeft Birmingham at big on a
apectal train,
‘All alighted and the soldiers tormed
aod the, hewapaper men Juside a pro-
+ tected mame In this wine they march-~
+ ed) to’ Ashville, a distance of three
miles, arriving here at 10 o'clock.”
BRIG CAQWD IN TOWN, ;
“As the party entered the town it wan
‘ 6een that there were many people in
the streets and that everybody was in
AQ eapectant sttitude.”: Hundreds of
“curtous eyes were ‘fastened on theee |.
‘whe marched with the priser,’ und
‘wot a few drew chops to get a good look
s jhe negro: wap taken at once te: the
sage: placed in 9 oll, He
Bh ae end Que of two
Dh <p engage him ju conversa-
‘wee weroee and sullen, bow:
Reset mad refveed.to say: auything
bimeelf . with
Jo6 to questions,
haw or fACHER,
‘mentT after: betwee «placed tn fail
*asked if he- woeld see «
he wald yrs, though he
“eghibieed ‘no interest io the inetter agd| Ber.
neh cqem falty realize tbat he
oe about te je A 144 dow hia Maher,
- Rev, Dr. ‘prvsacs set ance. inin-
* tater, was then
Into the eelb,
fie
Thik
feed tateteat the doomed mati:
yed wD bin and withitrew
Rat Pred
‘Meedibtc De airdia crroceere tlie awn einitas 4
Awful © rime {ter
4
1
Lany funds available for anch purposes,
;
; he
¥
.
that porpoee.. Pretry soon the yard
f the jail was full.
The body was cut down and still re
maine ip charge of the St. (lair offi-
cere, Brown asked them to send it
back to South Carolina, and Deputy
‘row said he would do an tf there were
j; It was reported this morning that
Brown bad sold hia body, but this
story could not be verified
After the hanging the officers, the
tistting milftary men, the newspaper
Teporters and others repaired to the
local botel, where a dinner was served
tor the entire party.
NORTH NOT PRESENT. .
Sher!ff J. L, North was not seen and
took no part in the execution. There
‘® ®. Warrant ont for him berause of
the killing of Walter Blankinship on
the day of: Brown's trial when the
oMicers fired into the mob tnd bit the
deceased along witb hie “brother and
one other. It Ja understood that Mr.
North did pot want to.excite any feel-
ing and felt that hie absence from
the acene would shave a tendency to
make matters peaceful.
The special tral bearing the Bir-
Minghan: party with come back «te j
night, leaving certs about 5 o'clock!)
THE CRIME
The awfsl crime for which Jim
Hrown today paid the penalty was
cuin mitted on the afternoon of: May!
7, 1901, at Springville, St. Clair coun-
ty, about. thirty miles north of HKirm-
ingham on the Alsiausa Creat South-
Miss Dell (Giarrett, the
handsome 1 -year-old daughter of Mr.
J, J. Garrett, @ prorinent citizen of }
Springville, was returning to her homey
io the outskirts of /town from school
}
i “
T Rherjff’ North hed
On the anh of August Ra was carried
ta” Aabrille, ine. county aaat of et.
Clair connts. where a special term of
the Circvit Court waq saommonadt:. He’
as indicted br es spacial gramd’ jury.
and, Dia caee wae net for rriaicon
Angusr 22d :
THE TRIAL
August 22U there’ wee s big crowd
In Asbville to jisten to the trial The)
little court house was soon densely
foom on the second floor were thrown
open. Sheriff J. 1, North had taken
vety precantion to proteit the prison
er And he had twentr-eight well)
armed mew armund the court. roow
pecked when the doora of the court |.
Returnedto Ws
This Morn
a te ee
O08 CABINET
These men were ready for anr dem
enstration and the the trial commenced
shortly before WW n'clock !
The selection of a jury 4i4 net take
much time, though evers process wae
Ip Accordanca with the law. The pris
oner through the attorneys named for
him. Judge John Winger and Mr. 2
A) Embry. piead nor guilty ‘The wit-
Nessea were all entied !
CLEARED COURT ROOM
Twice Indge Pelhain asked the crows) j
'p the court bouse tw leave, ene time
being when the voung ladr. tratified |
The judge bad in'thia-ar donble motive, |
It wae well known to the judge dea}s
ber evidenre would be of an excitable!
Dature and ihe-anger of the vitizens
of the country wonld be developed to.
euch AN extent, he thought, that ser
fous trouble might occur. He aia
wanted to save the young woman eni-
barrasanienf, The other) ume was
when. the jury was ready to bring in
Mia verdict,
The trial was fair and impartial. |
The jury war out eleven minutes, |
ari eame bark with a verdict of gulity | *
and the death senteuce was impoeed.
Judge Pelham fixed) today as the date
fo- the hanging;
ee,
ae __MOB GATHERED.
lostractions to
bring the prisoner to Birmingham for
‘
and bad to pass the /farm of Mr. Preas-
ley where Hrown /wie at) work, and |
save her.» He/ followed her to a!
lonely path beside a pond.
Creeping up behing his’ viettm. the :
brute grabbed her by the neck, alok- /
ing his) thumbe Into ber throat so}
Peruelly that it wna itnporsfble for ber
to cry out, He threw her down and
dragged her to a sechuted place within
a few fret, on the edge of the pond
mentioned, Here he acromplixhed bis|
parpoes, o He kept the poor girl with:
him for more than half an Sour, hay-
ing reduced her to a atate of pproetra-
tlon from fear nod abase. °°
BEGGED FOR LIFE.
After the axsanit the pegro informed
the young: woman tbat ne was going
to kill her, and made &@ moremeut as
if to east her inte the pond. She
begged piteonaly for her fife and at
last, ofter extracting a promise thet
she woukl not tell who attacked her,
he let her go.
The poor girl then marted to her
home which was not rery far-away
and after a long tine succeeded in
Gragging heree!{ to the gate of the
reaidence, with a jong and pitiful cry
for “mother” she fell there tn a faint.
: & \ HEARD THE CRY,»
The members of the bousehold heard
the ery: and weat tober aesistance.
the waa carried joto the_touse: sud'a
ane hastily suumoned> After
arrived the young: woman: revhyet
and: ie proken sentences toll ‘of
bad Na te could hardly ma
Toast be nedig_ovteticn autor aee ute
an y ow {
of the negru babi he cluvined ® her
nec
At once there waa a morement fer
vengeance. The father of the girl and
Mher reletives: dd the news over
the. nel ghihned« and pretty som
there wae a big poeee in oping of the
BRUTE: WAS KNOWN, ss
‘The girl -had told who the negro was,
Bhe had ale said that he had thrown
away his shoes and eke at the pond
Where the asenult was tonimitted and
they would serie to identify. him, The
jwnee found these a6 she had said and
G-2O-f/GO
; themselves: with weapons,
nafe keeping. After the verdict of ihe
Abt had been returned and the negro
had” been sentenced It wae to be seen
that the negro could: not be | moved.
The crowd of three or four hundred
men, many of whom had. provided
was ovt-
side of the courthouse, immediately Ju
front of the doors leading frore. the
building: . ©
A committee of the nob apitcached
the Sheriff and asked him to promise
mot to remote the prisoner from the
county. ° This Sheriff North would not
do,
Ing the ‘crowd to’ disperse. butvit bad
no effect. ;
BENSATIONAL | MOVE.
‘Then a most sensational thing. took
place.” “Ao old wan rashed Into the
rourt: house-and up, the steps leeding
to the court. room... .A pistol ahot was
fired ae he ran.wp. This caused the
aceidental discharge. of a double bar-
reled shor gup fy the overt hoube. be-
longing to one of the guards.”
This started the firing and. fer tea
or twelve minules there was aka ay
ows shooting, § ~
i TWO'MEN SHOT, ty
Two men fell B sets with: ‘pnllete
and bartehot. y were Walter
Mienkeaship and Arthot Biankenahip,
Drot A heavy, raid’ @dme np 6
few utr | the: crowd..dis-
Le fon the-twe men
whe were abot having been carried to
fou atores: opposite the court botme.
Walter Blankenship Nved til! even-
ing. Arthur Blankenship — stil} sur:
but be is hedly wounderl.
2 NEGRD Daken dihaie a dor
f the heavy rain that came
deve eobvetia the riot, the uegro. wae
Mipped out of a beck door of the court
house ‘and theotigh the woods towards
bad labensa Urent:- Seythere raitrogd
a potatoe freight train wae
Sageed. The peisooer was placed jn
6 coal car by two. deputies aad with
the newepa men of Rirmingham
brotight hack to Rirmingbam, reach:
ing bere ahont & o'clock at night. He
hae teen here until Abts mocning when
S
es
.
There were speeches made anak: {!
ee ee
, Secretary Long W
bly Retire in
Months. -Co
you Remais
nn ter i
PROMI GMLERS in
Washington, Kept. 20.4;
pension of three dare ss
spert to the dead Presid
vens of the government &
was resnnied at ¥ o'clock
The train bearing F
velt and the members 6f€
arrived at the Pennsyivag
925 o'clock and fifteen
the President entered the
aud going at once to the
j ceeded to the: Cabinet
| President! McKinley was
thd greater part of bia
the new executive reacbe
House he walked briakl;
front deor, which ewnng
recetve him. He spoke fp
be paseed the watchmag
ploses of the mansion,
hia’ office was joined al
diately Dy Recretary
goto Canton to take pert
eral ceremonies, 17°
loon afterward | Mens
called to pay bis respects
ing him came Senator
ry. 4
dent ae-to the ‘conditien
ppd he ae was ash
w av to the 8ehley
With Senator Callom,
Roveevelt: exchanged p
beanies rt of the Tila
support
With Benator Proctor the
ur. W. Loeb, Jr, wif ree
yrot . ae Assigtant &
Uortelee. at the Preeid
emt, .will .reteia:
} Baeretary to the
At 18. ocdleck all the:
the cabinet had arrived:
and son wore. |
Le fawHir table.
welt eecnpted a seat at ite:
the chalr Jang
cr. It au ma
theee devetead advisors ¢
President to sit et the
bia at ita dead, and .t
solemnity which cha
taceting. wae not unt
cacion '
‘Nearly all of the PF
eatinet are qoite sure to
ing. Mr. Roaserett's &
predable that :
“ retire within the nest
He frele that he cen F
embarrasement to Mr.
therefore it is thougbhe the
neat few months bey e
Ahat 4
BROWN, Jordan and BURTON, Charles, blacks, hanged at Union ‘Springs,
Bullock County, Alabama, on April , 1896.
"UNION SPRINGS, APRIL (Special) - Today at 12 o'clock, Charlie
Burton and Jordan Brown paid the penalty of crime on the gallows,
Their crime is already know to the readers of the ADVERTISER.
Negroes from all sections of the county came to town to see what
they could of the hanging, and, as they say, to hear what the two
condemned men head to say. The hanging took place in a small enclo-
sure in which there was an opening. In front and to the sides of
this there was a great mass of people, mostly negroes, and intently
did they listen to the farewell remarks of the men to be hanged,
To estimate the crowd, figures running up into the thousands must be
used, for ‘hanging day' brings even more people than the proverbial
circus day. The condemned negroes were permitted to speak to the
people, after which the negro ministers who were there made talks
impressing upon the assembled people of their race the results
of crime. Jordan Brown was more composed than the other negro, and
stood quiet most of the time, but occasionally his breast would
heave, and he utter some remarks, Charlie Burton, one of the most
notopious criminals who ever expired on thé gallows in this part of
the country, was much excited and continually save utterance to such
remarks as 'You can't hurt my soul. It's all right.' His face was
all smiles, and apparently he did not fully realize what was awaiting
him. Both the negpoes spoke farewells to all around. A little
after 12 their hands were cuffed behind them, their ankles bound,
and the black caps adjusted over their heads. They were placed over
the trap and the noose put around their necks. When the rope was
cut and the bodies swung in midwair it was on ly a few seconds be-
fore they KBAXK were pronounced dead and the law was fulfilled.
Their bodies were turned overto relatives who took charge of them
and carried them to their graves."
ADVERTISER, Montgomery, Alabama -5-1896 (11-);).
J. BROWN and E. HARRIS, elec. 6-20-1930 (Marengo)
"James Richmond Moss, 77, storekeeper at Hugo, was killed the nite of 1-18-1929.
They entered the store and attacked with an ax and hatchet. The body was found
the next morning by a boy who went to mail a letter. Moss was sitting by stove
and had not locked store when killers entered. Store was ransacked but killers
overlooked large sum of money hidden under bed. Brown and Harris lived in
Birmingham but were visiting mother (of both?) ,Dora Dansby, at Dayton. Con-
fessed after the apron of their gun found in Moss! store. Moss! watch found
near home of relative of Brown. Mrs. Dansby was Brown's mother only. They had
been visiting since 12-28-29. They said they went to store between 7 and 7:30
and called Moss to door. He said he was eating and would come when finished.
When he came, Brown clubbed over head with single barrelled shotgun. They then
attacked with axe and hatchet, killing. They took $4.79 in coins and 2 watches.
They were taken to Dallas Co. jail after confession for safekeeping. DEMOPOLIS
TIMES,Demopolis, Ala. 1-24-1929.
BOB BROWN, black, hanged Clayton Alabama 1-3-1902
The following condensed from CLAYTON, Ala., RECORD of 1-10-1902,
Bob Brown had murdered Jim McLeod, For several days showed mental weakness and some be=
lieved that he had lost mind, His father stayed with him on Thursday night before exe-
cution and said Bob didn't recognize him until after they had talked for 3 hours, At
noon on Friday, Sheriff Caraway and guards brought him forward, Driven on wagon to
gallows. Along route, showed no sign of realization, gazing into space with wild, va-
cant stare. At gallows asked KAXHaKa&HXA if he wished to make a statment andtalked
incoherrently and unfintelligably, Shook hands with several and said he was going to
heaven, Was so weak he could not ascend scaffold along but was supported on either side
within enclosure. A fervent prayer by a black minister. A hymn sung and final prepera-
tions begun. “ands tied behind back, Made to step on trap. Feet bound together,
noose adjusted and black cap lowered. So weak, he couldn't stand alone and 2 strong
men held, At 12:20, the signal given and trap sprung. Body motionless for a few seconds.
Then violent contoritions and writhing, Grew less frequent and finally ceased, Pro-
nounced dead in 12 mins, Reope cut and body placed in coffin. Examined and found neck
broken. Had become thin and emaciated and many surprised that neck had broken, Was
penitent having professed religion and seemed confident had made peace with God and
wasgoing to heaven, Was crazed with fear and from the time he left jail to he reached
gallows didn't appear to be conscious what was transpiring, Body given to relatives
who were to bury in county.
Information provided by Joseph Caver, Newspaper room, Archives and History Department,
Montgomery, on 5-23-1980.
No appeals
BROWN, Bob, black, 18, hanged at Clayton, Alabama, on 1-3-1902
"Clayton, 1-3-1902. - Bob Brown, the slayer of J. C. McLeod, of Batesville, hanged
at 12 o clock, At an earl hour, crowds began to gather, and by noon a vast concourse
had arrived, They were not allowed to witness the execution because the scaffold was
behind an enclosure into which they were not allowed, The trap fell at 12:06 and
he was pronounced dead 10 minutes laters." ADVERTISER, Montgomery, Ala. 1-\-1902,
"Montgomery, 1-1-1902. = The pardoning board and the governor have turned down a
strong appeal for the commutation of Bob Brown's death sentence. Brown is a negro
who killed a white road overseer named McLeod in Barbour County. McLeod was in a
fight whith his brother and Brown hit him with a hoe, The man will hang Friday at
Clayton."" NEWS, Pensacola, Florida, January 2, 1902 (7-5).
"Montgomery, Alaey Auge 27, 1901. = Bob Brown, who killed Mr. Je C. Mcleod of Bates-
ville, was captured last night and brought to this city and lodged in jail. Governor
Jelks sent a telegram this morning for the sheriff to immediately board the train with
the prisoner to avoid any possible trouble, The notice was short, but the sheriff
managed to catch the train and arrived here at 11:15 with the murderer securely
handcuffed, Brown X slipped up behind Mr, McLeod and struck him with a hoe, killing
him instantly. He confessed today to the murder," JOURNAL, Atlanta, Georgia, Aug.
27, 1901 (1:1)
"Union Springs, Alae, Auge 28, 1901. = The 18-year-old negro boy, Bob Brown, who
killed James McLeod, superintendent of the public roads at Batesville, Barbour
County, on August 21, was captured in a shuck pen yestenday by officers at Hurtsboro
and taken through here to Montgomery in order to escape the mob now scouring the
country with an expresséd intention of lynching him." NEWS, Pensacola, Florida,
August 29, 1901 (1/& 6.)
"Montgomery, August 26, 1901. = A telegram received at the governor's office this
morning ttates that the negro Bob Brown, who killed Mr. J. C. McLeod near Batesville
last Wednesday (August 21st) is surrounded in a swamp near Eufaula, The telegram
requested that dogs be sent to the scene at once, The governor immediately telegraphed
to Wetumpka and ]; bloodhounds under charge of Warden Thrasher, arrived here this
morning enroute to Eufaula. Indignation is high in the community and the negro, if
caught, will probably be lynched, A reward of $100 had been offered for his capture of
information leading to his capture." NPWS, Pensacola, Florida, Aug. 27, 1901 (3/3)
20 Ala.
4 : <
3 .
can find no such written charge in the rec- death of deceased by
water in pool until she quit kicking and, as
ord filed in this court and hence there is
State, 30 Ala.App. 57, 200 So. 577.
[8] Although at the time of his ar-
raignment the defendant pleaded not guilty
by teason of insanity as well as not guilty,
there was no evidence introduced by the de-
fendant in support of his insanity plea and
therefore it was not incumbent upon the
court to charge upon this phase of the law.
Granberry v. State, 182 Ala. 4, 9, 62 So. 52 5
Rice v State, 204 Ala. 104, 85 So. 437.
[9] In accordance with our duty in
cases of this character, we have examined
the record for any error, whether pressed
upon our attention or not.
We find no error in the record, and the
judgment must be affirmed. It is so ordered
and the date of the execution of the sen-
tence of the court is hereby fixed at Friday,
the 25th day of January, 1946.
Affirmed.
All the Justices concur.
w
© © KEY NUMBER SYSTEM
T
HALL v. STATE.
4 Div. 391.
Supreme Court of Alabama.
Dee. 6, 19-45.
1. Criminal law o=517(4)
In prosecution for murder, proof that
death resulted from force unlawfully ap-
plied is all that the law requires as a
predicate for the introduction of a confes-
sjon voluntarily made.
2. Criminal law C=517(4)
In prosecution for murder, proof of
corpus delicti was sufficient to authorize
introduction of defendant’s voluntary con-
fession where as a consequence thereof
deceased's body and her personal prop-
erty were discovered.
3. Criminal law ©5537
Where defendant in murder prosccu-
tion voluntarily confessed that he caused
nothing before us in this connection for re- 4 consequence of the confes
view. § 273, Title 7, Code 1940; Berry v. was discovered, that portion of confession
State, 231 Ala. 437, 165 So. 97; Teal v. was admissible along with proof of fact of
24 SOUTHERN REPORTER, 2d SERIES
holding her head under
sion, the body
discovery of body.
4. Criminal law 6537
Where defendant’s confession or in-
culpatory admission in nature thereof
leads to discovery of physical facts which
establish truth of confession, sO much of
confession as leads to facts thus discovered
is admissible along with proof of those
facts.
5. Criminal law €3517(5)
Where defendant’s voluntary confes-
sion disclosed that he intercepted deceased
and kept her within his power through
force from 7 a.m. until 1 p.m. and even-
tually drowned her by holding her head
under water until she quit kicking, one
continuous crimina’ transaction took place
from interception until decedent was
drowned, and that part of confession dis-
closing that during such period defend-
ant twice ravished decedent was of the
res gestae of the murder shedding light on
and furnishing motive for the killing and
could properly have been placed before
jury.
6. Criminal law = 1169{5)
Defendant in murder prosecution
could not complain that that part of his
voluntary confession which disclosed that
he had twice ravished victim before killing
her left its impression on minds of jury
even though court excluded it and in-
structed jury not to consider it when such
part of confession was competent and
could well have been left before jury.
7. Criminal law =478(1)
Toxicologist with requisite experience
and education was competent to testify
that frothy purge from lungs found on
nostrils and mouth of murder victim
showed that death was caused by drown-
ing.
8. Criminal law C= 478(1)
Mortician who examined body of mur-
der victim before its removal from water
was competent t& testify to a frothy purge
on nostrils and mouth of victim at time
body was discovered as indicative that
death was caused by drowning.
JVIALL v
Cite as 24 So.2d 20
Appeal from Circuit Court, Barbour
County; J. S. Williams, Judge.
Peter Paul Hall was convicted of mur-
der in the first degree, and he appeals.
Affirmed.
Lee J. Clayton, of Clayton, and Archie
I. Grubb, of Eufaula, for appellant.
Wm. N. McQucen, Atty. Gen., and John
O. Llarris, Asst. Atty. Gen., for the State.
BROWN, Justice.
The defendant, appellant here, was in-
dicted, tried and convicted of the offense
of murder. The indictment charging that
he “* * * unlawfully, and with malice
aforethought, killed Ethel Luck by forcibly
drowning her’. The sentence imposed on
the defendant was death by electrocution.
The appeal here is under the automatic
appeal statute. Code of Alabama 1940,
Title 15, § 382; Acts, 1943, p. 218, sec. 2,
Code 1940, Tit. 15, § 382(2).
Two questions are argued on this ap-
peal. The first is that there was not suf-
ficient proof of the corpus delicti to justi-
fy the admission in evidence of the con-
fession made by the defendant. And, that
the voluntary statement of the witness
Boyd that defendant in the course of his
confession admitted that he ravished the
deceased twice during the time he had her
in his power was not admissible testimony,
and was so prejudicial that the exclusion
of this testimony was inadequate to eradi-
cate its prejudicial effect. In substance,
the insistence here is that its effect was in-
eradicable.
The undisputed evidence offered by the
State goes to show that the deceased was
a comely young woman, eighteen years of
age, and worked at the cotton mill in
Eufaula on the midnight shift, going to
work at 11:30 p. m., and off duty at 6:30
a.m, That she lived a mile or more from
her place of work, and traveled night and
morning: along the road by one Culpep-
per’s residence, passing an old vacant house
between Culpepper’s and her home. This
was a daily occurrence. That on the
morning of July 4, 1945, she left her place
of work dressed in a grey dress, carrying
ag purse which contained cosmetics, some
kodak photographs of the members of her
family, including her mother, her sister
and her sister’s beau, a soldier overseas,
her own photograph and_ the photograph
of her soldier sweetheart. That the wit-
. STATE Ala. of
“
ness Culpepper, a coworker, accompanied
her to the Culpepper home, and she pro-
ceeded on her way toward the vacant
house which was situated about half way
between the Culpepper home and the home
where the deceased lived with her father
and mother. That about 7 o’clock, a. m.,
the father and mother heard her screams
in the location of the vacant house, as near
as they could tell, and the father im-
mediately went to her rescue but failed
to find her, or anyone else in that locality.
He gave the alarm, a posse was formed
and search made, and near the old vacant
house they found shoe tracks of a man
and a woman. The tracks of the man be-
ing made, according to the testimony, by
everyday shoes. The State’s witness
Harry McCullough, who examined the
tracks made near the point where the
screaming was supposed to have taken
place, stated he “saw a man’s shoe and
the track of a woman’s shoe, and ap-
parently they were running and they wert
to the top of the little hill there and then
we found this disturbed place there in the
middle of the road like there had been
scuflling in the road”. He further stated
that they picked up the trail in the woods
where the weeds and grass and under-
brush were mashed down and traced this
for considerable distance leading in the
direction where the body of the deceased
was found the day following; and on this
course of passage a torn part of her dress
was found and was identified by a witness
who saw her and accompanied the de-
ceased on her way home that morning.
The body of the deceased was finally
found in a pool of water made by a stream
about a mile distant from the old vacant
house. On the bank, or near the pool,
similar tracks of a man and woman were
found in the sand bar. The body when
found was lying in the water face up, the
torso and lower limbs submerged, the
knees, one arm, breast and face just out
of the water. The body was nude from
the waist down. Photographs of the body
were taken by the mortician, who after-
wards prepared the body for burial, be-
fore it was touched or removed from the
water. On the side of the bank was an-
other disturbed place where the grass and
weeds were mashed down. The water in
which the body was found was a little
above knee-deep. The contents of her
purse was found some distance from
where the body was found, buried at the
3
ulin
2h i la dada nina Se ee ae) ee eee od De ile alll
yb :
18 Ala. 24 SOUTITIERN REPORTER, 2d SERIES
necessary qualifications to express his opin-
ion as to the effect of injuries upon the hu-
man body, testified that there were five
holes in the chest region of the body of the
deceased, that one hole “penetrated the
jugular vein and into the wind pipe,” and
that “a wound through the jugular vein, un-
less medical attention was reccived immedi-
ately, would be fatal” within “two or three
minutes.”
Defendant was arrested March 5, 1945,
the day before the body of decedent was re-
covered, and within two hours had con-
fessed to Mr. B. W. Coleman, the Sheriff of
Hale County, that he had participated in
the killing of Mr. Walton. Sheriff Cole-
man testified for the State as to the defend-
ant’s confession, the substance of which is
as follows:
On the morning of February 7, 1945, the
defendant suggested to Richard Brown,
“Tet’s shoot Mr. Jack (the deceased) and
rob him’; that on the next morning the de-
fendant brought his rifle and left it at the
home of Brown, which was about 150 yards
northwest of the house of the decedent:
that the defendant and Brown then pro-
ceeded to the deceased’s house to perform
their usual morning duties; that shortly
after the decedent left his home in a pickup
truck, the defendant and Brown, at defend-
ant’s suggestion, broke into and entered the
home of decedent and removed therefrom a
shotgun, shotgun shells, a .38 automatic
pistol and cartridges; thereafter they went
back out into the yard of decedent and plan-
ned “how they were going to shoot Mr.
Walton when he got back”; that when they
saw the decedent returning to his house,
they hid behind it until he was about to en-
ter; that the defendant ran to the north
side and Brown to the south side of the
house, the house facing east; that Brown
did not stay at the south side, but joined the
defendant at the north side before the de-
cedent had entered the house and that just
as Mr. Walton was unlocking the door to
the house, Richard Brown shot him with a
shotgun, after which both the defendant
and Brown immediately ran down behind
the garden, where the defendant asked
Brown, “Did you get him?” and to which
Brown replied, “I think so because he grab-
bed his right shoulder”; that after a minute
or two, leaving the shotgun behind, the two
of them returned to where Mr. Walton was
lying to see if he was dead; that the de-
fendant asked Brown “Is he dead?” to
which Brown replied, “No, because he
keeps moving his right hand”; that the de-
fendant then told Brown, “Shoot him
again,” and Brown responded by shooting
the decedent with the pistol; that they
placed the body of decedent in a wagon and
removed his money and other valuables;
that there was a “skiff” in the yard and that
the defendant and Brown, after cutting
holes in the “skiff,” placed it in the wagon
over the body of decedent; that they then
placed a tractor wheel and hub and some
“plow line” in the wagon and drove the
wagon, with the body of deceased in it, to
the river bank; that when they arrived a
the river they removed the “skiff” from the
wagon, placed the body of decedent into the
“SlGff? and, after straightening out the
body, tied the tractor wheel and hub to the
body; that they then placed the “skiff,”
containing the body of the deccased, in the
tiver and shoved it off; that within a short
time thereafter the body of decedent, with
the weights attached thereto, fell out of the
boat into the river; that the defendant and
Brown returned to the home of the dece-
dent in the wagon, where they attempted to
remove the blood from the wagon as well as
from the porch floor where the decedent
fell after he was shot, but that they were
unable to remove all the blood from the
porch floor, so defendant cut the blood off
the floor with a knife, but in doing so cut
holes in the flooring and in order to keep
anyone from noticing the freshly cut holes,
nailed some planks over the flooring which
had been cut.
Before testifying as to the confession of
the defendant, the witness Coleman stated
that he was familiar with the house in
which the decedent had lived, having visit-
ed it on a number of occasions. He de-
scribed the construction of the house and its
premises. He also stated that he examined
the flooring of the porch and that he re-
moved therefrom some planks which ap-
peared to have been nailed on top of the
flooring recently, which planks were intro-
duced in evidence. He further testified
that he found wagon tracks leading from
the premises of the decedent through a pas-
ture down to the river bank and that he al-
so located wagon tracks leading from the
river bank to the yard of the decedent. He
further stated that he detected stains on a
“sleeper” under the porch of the decedent’s
house and also under the bottom of a wag-
on which was found in the decedent’s yard.
The State proved by qualified toxicolo-
gists that the stains on the porch, under the
JOTINSON vy. STATE Ala. 19
Cite as 24 S0.2d 17 .
porch and on the wagon bed were caused by
the blood of a human being.
The defendant testified in his own behalf.
Ilis version of what transpired on the day
of the killing is substantially the same as
was related by Sheriff Coleman, a witness
for the State, who testified as to the confes-
sion made to him by the defendant. The
defendant denied that he originally suggest-
ed the killing of Mr. Walton, placing that
responsibility on Richard Brown. There
are some other discrepancies between his
testimony and that of witness Coleman, but
they are of minor nature, merely relating to
details. Defendant admitted that he and
his accomplice, Brown, planned the murder,
that he was present at the time the shots
were fired and in fact, in answer to the
question put to him by Brown, “Must I
shoot again?” stated that he said, “Yes”;
that he and Brown disposed of the body and
that each of them took some of the person-
al property which was removed from the
body of the deceased. He admitted at-
tempting to remove the blood stains from
the porch and from the “sleeper” under the
porch. The defendant claimed that he par-
ticipated in the murder because of his fear
of his accomplice, Richard Brown.
[1] The defendant’s major contention
upon this appeal is that there is an absence
of evidence in proof of the corpus delicti
independent of the evidence of defendant’s
confession, and therefore the court erred in
admitting the confession. With this con-
tention we cannot agree. Proof of death as
a result of force unlawfully applied is all
that the law requires as a predicate for the
introduction of a confession voluntarily
made. It is not incumbent upon the State
before a confession may be admitted to m-
troduce evidence tending to identify the ac-
cused as the guilty agent applying the un-
lawful force causing death. Vernon v.
State, 239 Ala. 593, 196 So. 96; Jordon v.
State, 225 Ala. 350, 142 So. 665; Shelton v.
State, 217 Ala. 465, 117 So. 8.
[2] The rule is well settled in this juris-
diction that circumstantial evidence may
afford satisfactory proof of the corpus de-
licti and if facts are presented from which
the jury may reasonably infer the crime
has been committed, the question must be
submitted to the jury, and other evidence
tending to implicate the accused is thereby
rendered admissible. Desilvey v. State, 245
Ala. 163, 16 So.2d 183; Rowe v. State, 243
Ala. 618, 11 So.2d 749; McDowell v. State,
138 Ala. 101, 189 So. 183; Hill v. State,
207 Ala. 444, 93 So. 460.
[3,4] The court did not err in permit-
ting the State to introduce testimony rela-
tive to the physical conditions at the home
of the decedent, where it contended that the
crime took place, prior to the introduction
in evidence of the confession of the defend-
ant. This testimony was admissible not
only for the purpose of shedding light on
what transpired at the place where the
crime was alleged-to have been committed,
but also in corroboration of the confession
of the defendant. The order of proof in a
matter of this kind may be determined by
the trial judge. McDowell v. State, supra;
Scott v. State, 141 Ala. 1, 37 So. 357.
[5] It is contended that the court erred
in permitting State’s witness B. W. Cole-
man to testify that there were no threats,
promises, inducements or offers of reward
made to the defendant to get him to admit
his complicity in the crime, in that such
statements were but the conclusions and
opinions of the witness and therefore not
admissible. This contention is without
merit. In the case of Crain v. State, 166
Ala. 1, 4, 52 So. 31, 32, it is said: “In the
laying of a predicate for the introduction of
evidence of confessions made by the de-
fendant, the question, ‘Were there any
promises, threats, or inducements made to
the defendant before the statements were
made by him?’ is not open to the objection
that it called for a conclusion of the wit-
ness, and was properly allowed by the
court.”
[6] From an examination of the record
it appears that the confession made by this
defendant. and in evidence was properly
introduced, a sufficient predicate having
been previously laid for its introduction
under the many decisions of this court on
this subject. Daniels v. State, 243 Ala. 675,
11 So.2d 756. The defendant did not at-
tempt to controvert evidence offered in lay-
ing such predicate either by cross-examina-
tion or by evidence aliunde. As before
pointed out, the defendant testified in his
own behalf and made no effort to rebut the
proof offered by the State that the confes-
sion was given voluntarily. In fact, his
testimony was in most material respects
identical with the confession as related by
State witness B. W. Coleman.
[7] Defendant contends that the trial
court erred in refusing to give to the jury
at his request a certain written charge. We
7
t
’
(Jan. Term,
WwW of a. re-
for the
ferred, as al as-
Varner, and also
between Warner
wot of the instru-
rat Aldridge was
signment to War-
‘in, made him the
and the implied
‘he collection ‘of
upon him. There
ipson to Aldridge:
and he was ho
the faithful dis-
o has no direct in-
suit, and it can-
him in any action
» his receipt. He
in the collection
ecessitate rei, iS a
what was the re-
ikie, 118. If this
-arner, for the al-
pson, he would be
but this not being
ily goes to his cred-
ompetency.
»examinetion of the
i by the bill of ex-
yper to look at the
me case. The cove-
ing+e ent sued on,
thi e treated as
nn ment of dili-
oclaration, as to the
igned bonds, and the
en to do so, might
‘igence in issue. But
by him, is, that of
‘He does not plead
the plaintiffs, of the
the general issue in
The plea of non est
execution of the im-
all other defences in
pleaded specially. 1
ihe defendant had in-
upon the negligence of
collecting the assigned
ive been set out in a
forth particularly, in
consisted. The plea of
only denies the truth
claration, which eharges
preach of his covenant,
» deficiency. The plea,
would have stated that
not to recover, because
ad paid the deficiency
vation, and would have
ury (8 Chitty, 1002); and
require the plaintiffs to
ve been the view, taken
et: low, this Court
1835)
can only look at the case here, as it is pre-
sented by the pleadings, and the rules of
law applicable to those pleadings. The ques-
tion presented by this plea, is, whether the
defendant had paid the deficiency charged;
hot, whether the plaintiffs had neglected to
prosecute with diligence, for the collection
of the notes. In this view of the case, it
*99
will be apparent, by a reference to the *bill
of exceptions, that none of the charges asked
and refused, were applicable to the issue, as
made. What might have made them mate-
rial, it is not for this Court to decide. And
though the plaintiffs may have offered evi-
dence which is not material to the issue, yet
that does not authorise the defendant to call
upon the Court for instructions upon that
evidence; and its refusal to give them cannot
be assigned as error. It is sufficient for us,
that the issue does not present the question,
upon which the instructions are asked.
It is remarked, by Mr. Justice Livingston
({Marine Ins. Co, vs. Hodgson] 6 Cranch, 219
[3 L. Ed. 200]), “that however desirable it
may be to admit in evidence on the general
issue, in an action of covenant, on a policy of
Insurance, every thing which may avoid the
tontract or lessen the damage, as is done in
actions on the case, this-Court does not know
that it possesses the power of changing the
law of pleading, or to admit evidence incon-
sistent with the forms which it has prescrib-
ei. No rule on this subject is more inflex-
ible, than, that in actions on deeds, all special
matter of defence must be pleaded.”
In the case under consideration, the ques-
tlons asked, if granted, would have allowed
the defendant to set up the fact, that he had
never been liable to pay that, which he had
averred that he had paid. It is not, how-
ever, to be understood, that the instructions
asked, in this case, would have been proper
to be granted, under any state of pleading.
They do not, any of them, directly raise the
polnt of diligence, which, under any possible
state of pleading, would be the only defence
the defendant could make.
The judgment must be affirmed. In this,
the Court are unanimous; though they are not
#, upon some of the views presented in this
opinion,
2 Port. *100.
*BOYINGTON y. THE STATE.
After an indictment has been found against
4 prisoner, and the same has been filed and ac-
eepted in Court, he cannot except to the per-
sonal qualifications of the persons, selected,
summoned and sworn on the grand jury, or
mead in bar or avoidance of that indictment.
that one of the jurors who preferred it is an
alien.
{Overruled in State vy. Middleton, 5 Port.
491, 492.]
[See 24 Cent. Dig. Grand Jury, § 55; 27
Cent. Dig. Indictment and Information, §
630.)
BOYINGTON y. STATE.
&
*101
Charles Boyington was indicted and found
guilty, in the Circuit Court of Mobile county,
for murder. On his arraignment, he plead
in abatement of the indictment, that his
name was Charles R. 8. Boyington; on which
issue having been taken, it was adjudged that
he answer over to the felony. The prisoner
then filed a special plea, averring that one of
the grand jurors who preferred the bill of
indictment against him, was, at the time of
finding, an alien. The Court below, on mo-
tion, struck out the plea, but reserved the
point as novel and difficult.
Olcott, for Prisoner—Contended, that the
Court erred in striking out the plea in abate-
ment, which alleged that one of the grand
jurors who found a bill of indictment against
the prisoner, was an alien. 3y the rules
of Criminal Law, the prisover must be con-
victed, if at all, upon the finding of two
juries: first, by the grand jury, who deter-
mine upon the guilt, in one point of view;
and secondly, upon the finding of the petty
jury, who establish that guilt in a more di-
rect manner.
In that country from which our law is
derived, as well as here, it is well settled,
that the jurors upon either inquest, should be
probi et legales homines omni excéptione ma-
joris. This principle has ever been recog-
nised in Mngland, even in the darkest periods
of her history, and the boast of Englishmen
*101
has ever *been, that neithep gheir property
or their lives could be wrested from them but
by their peers. From the time of Conrad
down, this principle has been considered as
the great bulwark of life and property, and
so has called forth the eulogiums of all com-
mentators upon her laws. Blackstone, in the
8d vol. of his Commentaries, (351,) says—
“that the jury is to consist of tweuty four
of the best men in the county who are called
the grand jury.” ‘Those returned to serve
on the grand jury, must be probi et legales
homines, and ought to be of the same county
where the crime was committed; and there-
fore, it is a good exception at Common Law,
to one returned on a grand jury, that he is
an alien, or villain, or that he is outlawed
for a crime.”—8 Bae. 725—Cro. Eliz. 654—3
Just. 830—12 Coke, 99—2 Rollin, 82—2 Hale’s
P. C. 154, 155. “Aliens born cannot be re-
turned of juries,” (7 Coke, 18.) As he says, in
Robert Scarlet’s case, 12 Coke, 99, before re-
ferred to—“as was used in the ttme of his
noble progenitors, which was in affirmance of
the Common Law.” And I believe it will
hardly be contended, that it would not have
been good cause for challenge, should either
of the jurors have been an alien. This is
abundantly settled in 6 Johns. Rep. 333;
Borst v. Beecker—1 Cowen, 436, and cases
there cited. It would seem too, from the very
character of a grand juror, as given us in
Blackstone and in Bacon, that it must ever
have been considered, that no alien could
31
nd legal
ement?
Ss, anda
y which
‘oner to
nd, lead
itive of
fhat all
whether
ce of an
the stat-
‘ute has
°° deci-
‘'y here.
r.a-cen-
act of
ases re-
it stat-
upon a
upyosed
as being
wheth-
aded in
be im-
ful coh-
fawkins
hat see-
tvs, {It
td
ie
) CR aoe es
‘on was
it ap-
that
yas dis-
i is eol-
0D Was
statute
" made
fore the
1 good.
on was
m, and
he said
ginning
Ot like-
and al-
‘on was
‘Ss, Who
e valid-
ie Com-
tice of
ceneral, -
ich plea
Now I
he says
© whole
i to the
“d good
fo this
». Inst.
‘d with
BOYINGTON y, STATE, *107
‘fome care, the decisions referred to, and ean-
not perceive that they sustain that opinion,
The case cited from 12 Coke is Robert Scar-
let's case. Ie was indicted for procuring
himself to be Summoned of the grand inquest,
*105
With intent to indict his neighbors ma*li-
clously; and the only question in that case,
Was, whether he could be punished under
that statute. ‘The plea was, not guilty. It
will be perceived, that this case does not
touch the question whether alienage night
be pleaded in avoidance and does not, of
course, give any opinion, that alienage could
not be pleaded by the Common Law, in avoid-
ance of an indictment: and the page referred
to in Coke’s Institutes, merely says, for what
cause a juror may be challenzed, to Which
reference has been made in the argument.
And, the other case referred to ig Calvin’s,
(7 Coke’s Rep. 18)—and the point was, wheth-
eran alien might bring a suit in the Courts
of England; and the plea there was, that the
plaintiff ought not to be answered, because
he was an alien born; and for divers reasons,
among which are “for that aliens born can-
hot be returned of juries for the trial of is-
Bucs between the King and the subject.”
But the point, whether alienage or outlawry
would be a good plea in bar or avoidance of
fan indictment, did not arise; and a case in
Cro. Car. 184, (Sir Win. Withipole’s case,)
would seem to Show, that the plea referred to
by Hawkins must have been made upon the
Common Law, which will appear from a ref-
erence to the case. Ile was indicted for the
murder of Magason, and pleaded that two of
the grand jurors were outlawed, which plea
Was founded on the statute of Henry IV,
above mentioned; and the Court say, “because
this was the first plea that had been upon the
Statutes, and would be a precedent in Crown
matters, the Court would advise,” The plea
Was sustained. So, in Croke’s Bliz. 751,
(Ifammond ys, The Queen)—Gawady who ap-
peared ag counsel, objected that the jurors
Were not said to be pro borum et legalium
hominum, and referred to the Year Book, to
Which Hawkins refers, and Says nothing of
the statute. I’rom_ these references, and
*106
*from an examination of the Section by Ilaw-
kins I think the Court will be perfectly sat-
ished that the plea in avoidance was ground-
ed, not upon the statute of Henry, but upon
the Common Law. The twelve Judges had
n convened for the Purpose of deciding
upon a point—that is, upon the plea, which
had been previously Proposed and disallowed,
The former opinion, of course, had been made
Upon the Common Law, for it was then some
time before the passing of the Statute, or the
sitting of Parliament as the decision after
Was made at the beginning of Hilary term,
and that the Parliament which made the
sme statute was not holden before the be-
Firning of the Same term; and ag I shall
shew from a case reported in, Curran’s
2 lort.—3
Speeches, page 275, in the trial of the Shear-
ers, that that Statute did not receive the
royal assent until the fifteenth day of Hilary
term. Now, is it not a most fair presump-
tion, an almost irresistible inference, that,
called as the J udges were to decide upon a
Plea at Common Law, (for it wil] be borne in
mind that the Statute had not then been
Dassed,) and to overrule a decision which had
been previously nade, that as they made no
Inention of, or allusion to the statute—that
the time of making the second resolution or
decision, was Previous to that when this
Statute received the royal Sanction. And will
not a reference to all Reports show, that the
Judges themselves Would have saved them-
Selves the trouble of deciding a difficult point
of Common Law, when a Statute had been
passed directly upon that law. If the stat-
ute had been passed, and the decision was
founded upon that Statute, they might have
said, and undoubtedly would have Said, in the
language used by all Judges early and mod-
ern, that as Parliament had passed a law
upon the Subject, they were only to expound
*107
and declare that law. It was *not statute
law which they were called upon to decide,
but upon a point growing out of the Common
4aw, and as the previous decision had been
made upon the Common Law, the latter most
clearly went upon the same in overruling the
former, as no reference was made in the de-
cision to the Statute. The Judges cou ave
taken no time to consider the Statute, ag
will appear from a reference to the authori-
ties cited from Hawkins and Curran, as to
the time of the decision and passing of the
law; and would they have decided upon the
Statute without taking any time for consider-
ation, more particularly when that statute
was in direct conflict with a previous deci-
Sion. Furthermore, Parliament would not
have passed a law, without, at the same time,
providing a remedy except upon the knowl-
edge that a remedy existed at Common Law.
No remedy was provided by the Statute of
ITenry and it is a fair and legitimate conclu-
Sion, that the resolution of the twelve Judges
was made antecedently to the passage of the
Statute and this statute being merely affirm-
ative of the Common Law and the remedy
upon the Common Law being settled it would
have been Superfluous to have created one,
I beg the Court once more to examine the
reasoning employed by Hawkins in the pas-
Sage cited and see if it is not evident that
his mind inclinea to the belief that the plea
Was adjudged good at Common Law but for
the cases which he Supposed made the con-
trary opinion the prevailing one, [t is said
in 3 Bacon’s Abr. 725, “that the exceptions to
a jury must be taken before the indictment
found,” and cites the authorities from Coke's
Inst. and Coke’s Rep. which I have examin-
ed: but all the decisions of later times, as
well as Bacon, refer to the decision of Haw-
kins, as Settling the question and unless I
33
+ seas litnmte ins acbcemlaietalags
ent si has
Ci tata at aap ceil
PEPE i op tn it
OPIN ION OF THE ALABAMA SUPREME COURT AFFIRMING THE CONVICTION
OF CHARLES R, S. BOYINGTON,
sicbnstb eins
*101 2 PORTER'S
legally find a place upon a seat so respectable
and so responsible as a grand juror’s seat-—
the grand inquest of the county—the peculiar
guardians of the lives and liberties of the
subject; for no man can be tried until this
jury have found good cause for that trial,
and so represented to the Court. Why has
the learned and eloquent commentator upon
the laws of England, given us such a high
*102
eulogium upon *trials by jury, and particu-
larly dwelt on the right of being accused and
tried by one’s peers, if he had not deemed it
an invaluable privilege? Is it mere verbiage
—words vox et proeterea nihil—or was there
just occasion for such language? It certainly
is of the utmost importance that none but
“boni et legales hoiines,” should ever become
grand jurors—men who would feel the re-
sponsibility of their station—men who would
prefer no charges against a fellow citizen,
where the law and the evidence did not com-
pel them. Were it otherwise, how great the
mischiefs which might arise: for now, as in
the days of Lord Coke, men of high standing,
and of character untarnished, might be ac-
cused for purposes of profit and advantage,
or to gratify the revenge of the accuser; and
it is of great consequence, that men acquaint-
ed with our laws and our institutions, should
be selected for grand jurors, that they might
be enabled to act understandingly upon any
charges which might be brought against any
individual. This will be seen from a single
illustration. A man is charged with high
treason: some of the jury are Spaniards—
some Chinese, and the remainder are Amer-
icans. Can those who compose that panel—
some ignorant of laws, and even of our lan-
guage, be fit men for weighing the evidence,
and applying it to the law which would gov-
ern in such a case? Most certainly not. A
man is accused of murder—an idiot is found
to have a seat upon the grand inquest—
would it be competent for such a panel to
affix that odious accusation upon a citizen?
Most clearly not. These, and other illustra-
tions would readily occur to the Court, and I
need cite no other cases.
But, it may be argued, that the grand jury
are merely accusers, and that the guilt is not
fixed by their verdict, and so no injury
*103
would happen to the *accused. Is this so?
Is it no injury to a man of irreproachable
character, to be accused by a grand jury of
an odious offence? Is not the accusation
written upon the records of the Court? And
is he not compelled to defend his character,
and to appear in the light of a felon? I ap-
prehend that the law is not so impotent, that
he would be forced to answer to a charge,
unless that charge should be preferred by his
equals—men of integrity, of intelligence, and
who felt their responsibility. I think the
Court are satisfied of the great importance
REVORTS. (Jan. Term,
from all exception, and that I waste words in
farther discussing this point.
We come then to the second and main point
in the argument—if there is a remedy, where
the panel is not made up of “ood and legal
men,” can it be had by a plea in abatement?
A careful review of all the authorities, and a
consideration of the only opportunity which
may sometimes be afforded the prisoner to
make the objection, will, I apprehend, lead
the mind to the adoption of the aflirmative of
this question. It has been argued, that all
the decisions upon the question, whether
alienage might be pleaded in avoidance of an
indictment, have been founded upon the stat-
ute of 11 Henry IV; and as that statute has
not been adopted in this siate, those deci-
sions would not be deemed authority here.
The decisions made at the time, or for a ccn-
tury after, scarcely allude to the act of
Ienry IV, and so far from it. the cases re-
fer to decisions made previous to that stat-
ute. As great stress has been laid upon a
passage in Hawkins, and as it is supposed
that his remarks settle the question, as being
the oldest authority upon the subject, wheth-
er alienage or outlawry could be pleaded in
avoidance of an indictment, it will be im-
portant to give to that passage a careful con-
sideration.
*104
*That passage will be found in 2 Tlawkins
296, sec. 18. Upon the reading of that sec-
tion, and the clause in which he says, ‘it
seems to be the general opinion that this res-
olution was ratherg grounded upon the stat-
ute of Ifenry vie %, which was made in
the same term in which this resolution was
given, than on the Common Law: but it ap-
pears from this very same year book, that
when this plea was first proposed, it was dis-
allowed, from whence, as I suppose, it is col-
lected, that the subsequent resolution was
founded on the authority of the said statute
which may be intended to have been made
after the plea was disallowed, and before the
subsequent: resolution was adjudged good.
Yet, considering that the said resolution was
given in the beginning of Hilary term, and
that the Parliament which made the said
statute was not holden before the beginning
of the same term, and therefore it is not like-
ly that the statute was So soon made, and al-
so considering that the said resolution was
given by the advice of all the Judges, who
seem to have been consulted about the valid-
ity of the plea above mentioned at the Com-
mon Law, and takes no manner of notice of
any statute, but only of the law in general,
it may deserve a question, whether such plea
be not good at the Common Law.” Now I
contend but for the clause in which he says
“it was the general opinion” &e.—the whole
scope of the reasoning brings the mind to the
conclusion, that the plea was adjudged good
upon the Common Law. He cites to this
“general opinion,” 12 Coke, 99—3 Co. Inst.
30—Crown Cas, 134. I have examined with
that our grand jurors should be men free
32
ee ee
scateneneramneTE
gertscnite
ome
|
Wo
by
Cc
ere
Ws!
the
Wa
ahs
th:
Bla
They.
WV!
(UIs
pent
Wer
hon
Whi
the
*fro
kip
isfir
ed,
the
bec:
Upor
had
The
Vpor
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wits
Wits
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gis ’
@!).
*108 - 2 PORTER'S REPORTS.
*108
have. entirely mis*apprehended that author,
he does not decide that the plea would have
been bad at Common Taw. Hyven in the
dark and gloomy period of Ireland when the
blood of her choisest sons flowed like water,
to allay the fears of an arbitrary and jealous
despotism, when the Judge was appointed for
the sole purpose of sacrificing, under the
sacred name of law, and under its forms,
him who had made himself obnoxious to the
tyrant, by daring to sigh for the blessings of
a well regulated liberty—even then, pliant as
was the Judge, the Court was inclined to be-
lieve that the plea might be good at Common
Law; and gives the reasons, and puts the de-
eision of the cause upon what was supposed
were tenable grounds: And Lord Carleton
says, “From a manuseript note which T have
made in my Hawkins, I perceive the statute
received the royal assent in Hilarii,
which was on the 97th or 28th of January,
and might, perhaps, have preceded the deci-
sion referred to by Hawkins.” He also “sup-
poses that the decision in Hawkins, gave the
prisoners a right of pleading.” One consider-
ation more upon the passage in Hawkins, and
I have done with it. The Court will bear in
mind, that the decision was made early in
the session of -arliament, and probably be-
fore the passing of the law. This decision,
that the plea was disallowed, Hawkins says
was made in the same Year Book of 11 Henry
Iv. It was probably decided at the assizes
by one of the Judges where I think all crim-
inal cases were tried, and the point being a
difficult one, was reserved for the opinion of
the twelve Judges. Now even admitting, for
the sake of the argument, that the statute
had been passed, still, the question having
arisen before it was passed, the Judges could
not have considered it, because the statute
would have had a retrospective effect. Sup-
pose since the decision of the Judge below,
*109
striking out *the pleas, the Legislature had
passed a general act, that all pleas in avoid-
ance of an indictment, that one of the grand
jurors was an alien, should be good and avail-
able—not relating back to previous proceed-
ings, would this Court have considered that
act in settling a case which had arisen pre-
vious to the passage of that act? Most cer-
tainly not. It would seem that the doctrine
in Hawkins cannot be made to weigh against
the position I have attempted to maintain.
A remark of Lord Bacon is relied upon by
those opposed to the plea, as decisive against
it. He says, in his Abridgment, page 725,
“Tt ig said, that these exceptions must be
taken before indictment found ;” and he re-
fers to Gro. Ca. 134, 147—3 Inst. 32—12
Coke 99—2 Hale’s P. C.—all which authori-
ties have before been examined, and none of
the authorities sustain that position ; and as
his remark is bottomed upon the authorities
which he cites, it will not hold good, unless
sustained by them. I have now examined all
34
Jan. Term
y
the authorities in the older books, which are
relied upon by those who object to this plea.
A ease in 9 Mass. Rep. (The Commonwealth
ys. Smith,) is cited as an authority against
the plea.
Judge who gave the opinion, which dictum
has since been overruled in the same Court,
it could not avail as an authority against
the plea.
3ut for an obiter dictum. of. the
The prisoner Was indicted for cor-
ruptly taking and receiving usurious inter-
est. and one Thomas Wing, a Quaker, did
not take the oath prescribed by the statute.
There was no objection to him on any other
eround: there was no question he was bonus
et legales homo. Sewall, Judge, says—‘ob-
jections to the personal qualifications of the
jurors, or to the legality of the returns, are
to be made before the indictment is found.”
Ife goes on to say—‘Bul without resting
upon this, and adinitting the defendant to
*110
have the *full benefit of the exception, if it
ought to avail him, or if the impannelling
of the grand jury, under the direction of the.
Court, was, in point of law, liable to the
objection now stated ;” and then goes on to
decide the case upon another point. So, it
will be perceived, that the Judge himself
did not rely upon that dictum—the case did
not turn upon it—and, according to a well
established rule, recognised by the Supreme
Court of the United States, in Sturges VS.
Crowningshield, that the positive authority
of a decision is coextensive only with the
facts on which it, is miade.—4 Wheaton’s Rep.
422—Ogden vst funders, 333. This being
merely a dictum of the Judge, and not relied
upon as settling the case, and not presenting
the same facts which this case does, is not a
positive authority. But, the Court will per-
ceive, that this same case is overruled in
Commonwealth vs. Parker & al. The Chief
Justice says—“The books say that grand
jurors also may be challenged: but there is
a difliculty in the case, for a bill may be
found against a person who has not been
recognised to appear, and who has no Op-
portunity to challenge. The case of The
Commonwealth vs. Smith, 9 Mass. Rep.—if
we should adopt the remarks there made on
this subject, to their full extent, would put
an end to this motion in arrest. It is there
said, that objections to the personal qualifi-
eations of the grand jurors, or to the legality
of the returns, are to be made before the
indictment is found. It is not necessary to
apply the remark here, and we have some
doubts as to the correctness of it in all
rases: and the case in which it was made,
was determined upon another point.”—2
Pick. Rep. 5638.
I think I have established the position,
that the plea was good at Common Law, and
have met the authorities which have been
presented against it, and that the Court will
*111
be satisfied that the law guaran*tees to
ay
by : i 44
: : Hi
i. Term, 1835) BOYINGTON ¥, sTATR, "114 | it
i every citizen the right of being accused ag These exceptions, ag to the qualifications of j if
nich are Well as trieq by his Deers—by good and law- | grand jurors, it is thought, cannot be legal- tt | 14 |
hi 4 ful men—by men free from every exception. ly taken after indictment found. If they | | ita |
ey a , And the Court will] berceive, that cases may can, it must be by virtue of some Statute, or i i i |
patient and do frequently arise, that if the objec- by the rules of the Common Law—Hawking bd hg |
n of the tion to the personal qualifications of a juror | (Book 2, chap. 25, sec. 18.) says, “It is re- iy | |
chsh may not be made after indictment found, Solved in the Year Book of 11th Tlenry IV, | it |
eC Court, the right would be of no avail to the ac- by the advice of al] the Justices, that one tv |
against cused. For it frequently happens that a bill Outlawed on nt indictment of felony, may 1
ae ae May be found against a Person who hag hot} plead in avoidance of it, that one of the in- bh H
Sait . been recognised to appear at the Court, and dictors wags outlawed for felony.” “But,” ie 4
sical eae } of course he could make no challenge; or he Continues, “it Seems to be the secneral Le
pctte. that he wag in prison loaded with shackles, Opinion, that this resolution is rather sround- | hi
IY eer and ignorant of all Proceedings against him, ed on the Statute of 11th Henry IV;” and Ha f
- ponus a Now, it would be a mockery in either of after some reasoning, he concludes by say- Ph i
ys—"ob- ' these cases, to Say to the individual, you} ing, “it deserves a question: Whether jt be fis ita
: of od : have the right suaranteed to you to be ae. f00d at Common Law.” Irom the phlrase- hy j 3
nae, wile j cused and tried by your peers, but because Ology of this latter Clause of the Section, it aie
found, the bill ig found, though you had no oppor: | ig evident that the question was not equally a ling
resting tunity to appear, you are too late to object *11 ee
‘dant to Bo that some of the jurors are outlawed—some balanced in the au*thors mind. The plea is ; bil F
iliens, and otherwise disqualified. would | S00d, or it ig not £00d.—Now, if it barely de- bigiada |
ni, if it seem that the law is not chargeable with | serve a question Whether it be S00d, the bal- ae @
snnelling such an absurdity, ance between the plea and the doubt, would i.
i of the It has been Supposed even if an alien | be, evidently, in favor of the plea. But the Fy a
to the might not legally set upon the grand in- | question is, whether it be not S00d at Com- f :
‘'s on to quest, still, that Wwe could not get behind the | mon Law: assuming that it is not £00d, and ; “ i |
So, it indictment to make the objection : but the applying the doubt in this Shape, “it may de- i GT |
himself contrary doctrine jg Settled in 2 Gallison’s | serve a question,” &c. There May seem a i |
case did Reports, 364, ‘ little too much refinement in this criticism : A
i well On the authorities which I have quoted, | but when it is Considered that this is the g
supreme and from the great favor which is shewn only authority that has any leaning in favor
rzes YS. to the accused in favorum Vite, I feel a | of the pleas, and that the books on cyiminal ty
tnority Strong confidence that the judgment of the | law, as will pe Presently shewn, allow ‘fem,
ith the Court below will be arrested, hot by force of the Common Law, but by 2 |
oe ee rip ° xf . . rs
alg Breedin, Solicitor —The Rive testo n Livre. virtue of the Statute of ith Tenry IV, it
. Ig, Whether these two pleas
; : is important that the doubt or
» if they might
“question”
: should have its proper application, i
senting F at any fime be legally pleaded, Ought not to By the statute of Westminster 24, it Was
's not a : iiive been filed before the first plea m abate- enacted, that old men above the age of seven.
vill per- iq ment was Submitted to the Jury. Suppose ty years—persons, perpetually sick, or infirm
uled in E: them, for argument sake, to be allowable by at the time of Summons, or not dwelling in
e Chief the rules of the Common Law, many other the county, Should not be pul in juries or al
grand } *112 : lesser assizeg, Yet, it was never held unlaw- |
there is 4 matters, *then may be pleaded in the Same | ey] for any such Persons to sit on grand
may be a Way; and if the “recused be permitted to Juries, if they thought fit—Hawkim, book 2,
been 4 2 Plead and try them, one at a time, for two chap. 25, sec. 20.
no op- g weveral days, there 1S nothing to restrain him The statute of 28th Edward I, required
of The B from filing and trying one at a tine, for a Sheriffs to empanel Such as were ordained by
Rep.—if . abl of days, until the whole term of the Statute—next neighbors and least Suspicious ;
nade on e. ~ourt be exhausted, in the disposition of his lana it Provided punishments for infractions
mld put . fllateral Issues, Nor could he be restrained thereof. And the Statute of 234 Edward III,
De thane : from employing Succeeding terms of the required all panels to be made of the next
qualifi- . Court in like manner, While there yet re- People, which should not be subject or pro-
legality ] mained any matter to be embraced mM a plea, cured. But it cannot be Shewn, nor does
Dee the This is not the only, or principal round, fit any Where appear, that when any of the
sary to : nvever, upon which the pleas were disal- provisions of these statutes had been neg-
i! acme fa lowed. ‘The first plea Sets forth, that George lected or omitted, indictments could pe abat- d
te can : Davis, JT. one of the grand Jury that found | eq or avoided, in consequence of such neglect :
s made, - the Indictment, was not, at the time of such or omission,
Rint 79 - fading, a citizen of the United States—but, The principal statute, however, is that of 11
ie ®n the contrary, was a natural born Subject Henry Iv. Its preamble recites, “that now
WMaition. : of the King of Great Britain, ana had never | o¢ late, inquests were taken at Westminster,
ie. wind . s been naturalized. Anq the other, sets forth,
ye been
*114
that Chandler Waldo, also of the Persons named *to the justice, without due
that found the indictment, had, before he | return of the Sheriff; of whic
W48 sworn, formed and expressed
h persons, some
41 opinion | were outlawed pb Said justices of
®§ (0 the guilt or innocence of the prisoner. record ctuary for trea-
35
urt will
iees to
Ser tt stssit *
*114 2 PORTER'S REPORTS. (Jan. Term,
son, and some for felony, there to have ref-
uge; by whom, as well many offenders were
indicted, as other lawful liege people of our
Lord the King, not guilty, by conspiracy,
abetment and false imagination of other per-
sons, for their special advantage, and singu-
lar lucre; against the course of the Co1mmnon
Law used and accustomed before this time.”
It was therefore enacted, “that the same in-
dictment so made with all the dependence
thereof, be revoked, annulled, void, and hold-
en for none forever.” Ifere, then, is the au-
thority under which pleas in abatement or
avoidance of an indictment were maintain:
able. An indictment is, to all intents and
purposes, a record of a Court; and at Com-
mon Law no record can be questioned or con-
troverted by a plea. It sets forth that the
indicters are good and lawful men, because
they have undergone the legal tests that au-
thorise this part of the record. And although
the caption of the indictment itself might
not show them to be good and lawful men,
yet it has always, in England, been sufficient,
if it could be shown by the other parts of the
record: and it certainly does, as it did in
England, require the force of a statute to dis-
turb that record. We have no such statute.
That there had been creat abuses of the
Common Law in Lygland, in this particular,
it is evident from the preamble to the statute
of 11th Henry 1V. Persons had sat upon in-
quests without due return ot the sheriffs—
some had fled to sanctuary for treason and
felony: yet, for these Common Law disqtali-
fications, it was no where pretended that a
plea in abatement, or in avoidance of an in-
dictment found under them, was good; nor
*115
has any been sustained, that is not ex*pressly
said to be by force of the statute of 11th
Uenry IV. It is true that there is nothing
contained in the statute which disqualifies
an alien; but it may be admitted that if ei-
ther of the exceptions embraced in the stat-
ute, can be pleaded at Common Law, so can
any matter impugning the Common Law qual-
ifications of grand jurors be pleaded also.
“Those returned to serve on grand juries,
must be probi et legales homines, and ought
to be of the same county where the crime was
committed; and therefore, it is a good excep-
tion at Common Law, to one returned on tie
grand jury, that he is an alien, a villain, or
that he is outlawed for a erime, or that he
was not returned by the proper officer, or
that he was returned at the instance of the
prosecutor; but these exceptions must be
taken before indictment found.’—Baec. Abr.
(Juries A.)
Then, if the qualifications of grand jurors
are not to be questioned and controverted
by pleas, after indictment found, at what
time are they to be questioned? It is at the
time they are to. be sworn. The Court. will
interpose, upon its own knowledge of excep-
tions, or, upon suggestion. Hvery person in
the community has a right to be beard touch-
3G.
ing exceptions, because each member of the
community is, at least, liable to an accusa-
tion. he action of grand juries, in prac-
tice, is not limited to enquiries about offences
actually committed, or of individuals actual-
ly guilty: by possibility they may accuse
wrongfully; and the right, secured by the
Common Law, to take exceptious before they
are sworn and the record wade up, is for the
protection of the innocent; and not, by a per-
verted and incongruous system of pleading,
for the advantage of the guilty. here is ho
rule better settled, than, if an indictmeut
omit to state that it is found by good and
*11G
lawful men, and that the oniis*sion cannot
pe supplied by the other parts of the record
—that it is insuflicient. Are the words, good
and lawful men, then a mere mockery; Or,
are they significant of the judgment, in that
particular, of a competent Court? It should
seem that the Court, having allowed all the
scrutiny authorised by law, had rendered its
judgment, that the grand jurors were good
and lawful men, and that nothing short of a
positive statute could disturb that judgment.
The statute of Westminster the 2d, and
every succeeding statute, down to that of
41th Wenry the 4th, appears to be an effort
to reach abuses, which might have been plead-
ed in abatement or in avoidance of indict-
iments, if such pleas had been allowed by. the
Common Law. And yet it does not appear
that any attempt to plead them, had ever
been made, until just before the time at which
the last meni@uedl statute was enacted; when
the plea was disallowed. Nor was it after-
wards allowed, until, by strong probability,
the statute became in force. At least, all the
authorities credit the allowance of the pleas
to the statute itself—2 Hawkins, chap. 2),
sec. 33-—Bacon, folio ed. 234—1 Chitty 252.
The statute of 38d Henry the Sth, provides
for reforming the panel, very mueb in. the
manner of the Alabama act of 1826; and it
was resolved by the twelve Judges in Hng-
land, that indictments might be avoided in
the same manner as before, by force of the
statute of 11th Henry the 4th, except the nom-
ination be made by the Justices, authorised
by 3d Henry the 8th, to reform the panel.
Now, if the statutes be alike in their provi-
sions, and the record here shows that the
panel was reformed under the act of 1826,
unless the resolution of the English Judges
be erroneous, the reform of the panel here
is conclusive, that the jurors were good and
lawful men.
*117
*It is sometimes urged that, at Common
Law, grand jurors were required to be of
good and lawful men; and that the statute
of 11th [lenry the 4th, was but in affirmance
of the rule. This is conceded—except so far
as the statute provides that indictments found
contrary to its provisions shall be void. This
part of the statute is certainly not declara-
tory of the Common Law: for indictments
at se iene ret
ifences
actual-
recuse
by the
ve they
for the
Yat per-
cading,
re is no
heunent
od and
cannot
record
is, good
ty; Or,
in that
should
all the
ved its
re good
rt of a
dzment.
2d, and
that of
a effort
1 plead-
indict-
! by the
ppear
ever
dl;
eee
bability,
. all the
» pleas
sap. 25,
r me
mr dave
vrovides
in the
snd it
in ing-
ided in
e of the
he nom-
ithorised
© panel.
ir provi-
‘hat the
Of 1826,
1 Judges
nel here
ood and
Common
to be of
e statute
Jirmance
pt so far
its found
id. This
declara-
lictments
ORE SRC A re Prete pet >, resage sige
pee tae: TR IER Saale torte pas
set
partes
oF
BOYINGTON jy, STATE, *120
w
could only be declared yoid on pleas; and it Commissioners of Revenue, the Sheriff, ana
has no where been allowed, at Common Law,
that a record could be controverted in that
the Clerk of the Circuit Court, reform the
Panel, and Select such as are qualified to
manner, Such wags the principle of the] serve on juries. The Judge of the County
decision in the case of The Commonwealth
Vs. Smith,— (9th Mas, Rep. 107,) and such,
too, is believed to have been the principle
Which actuated Chief Justice Marshall, in the
trial of Aaron Burr, when he Said “this is thre
tine” (before they were Sworn), “when the
accused has a right to take exceptions to the
grand jurors,”
Then, it may be asked, how can effect be
given to the Common Law, of which, the
other parts of the statute are but declara-
tory. The ‘answer is plain. The laws have
imposed on the tribunals of the country, and
the ofticers of justice, an Obligation to. select
for jurors none but 800d and lawful men;
and if that be omitted or disregarded, there
Is no less an Obligation on the Court, upon
its own knowledge of exceptions, or upon
suggestions of them from any quarter, to
purify the grand inquest from all obstacles
to a free, impartial, and legal adiministra-
tion of public justice. These suggestions of
exceptions, before, or at the time the jurors
are about to be Sworn, May come from any
person, since every person is liable to the
animadversion of the grand jury: It should
be remembered too, that the proceedings e-
fore that body are but ex parte preparations
—mere accusations, and constitute in them-
Belves no part of a trial whatever,
*118
*If exceptions might be taken after indict-
ment found, it would become the policy of |
the guilty to look and be silent when they
Siw exceptionable persons about to be em-
Panelled and Sworn, They cannot be known
to the presiding Judge, or the officers of
Court, by intuition; and guilty persons know-
ing them, would reserve their disclosures un-
til after indictment found, that they might
have other chances of more favorable re-
turns; or of taking similar exceptions ad
Jnfinitum.
All persons, whether previously accused
before examining magistrates, or not, stand
Precisely on the Same footing before the
erand jury and the laws, There is no dis-
tinction to be found in the books, between
such as have been imprisoned for trial, ree-
oguised, &e. and Such as never had been ac-
cused or suspected of crime, until complaint
made to the fvand jury. There are no privi-
leges extended to the one, that may not be
Jegully claimed by the other. And since all
are liable to indictment, each has the right
to take exceptions to the qualifications of the
Indictorgs before indictment found, but not
afterwards,
Any other rule, without further legisla-
ton, would render the criminal code a mere
hockery, The Sheriff of a county, in obe-
dlence to his duty, makes his biennial return
of the householders and freeholders of his
@ounty:; The J udge of the County Court, the
Court, the Sherif€ and the Clerk of the Cir-
cuit Court then draw the jury—they are sum-
moned and returned, and in open Court, in
presence of the whole assemnbled community,
the grand Jurors are selected from the entire
Panel by lot. A stranger Judge presides—he
*119
knows nothing of exceptions, nor do the *of-
ficers of Court; but the guilty sit by—per-
ceive exceptions, and refuse to disclose them.
The grand jury is sworn and charged; and the
record, that they are good and lawful men,
is made up. An indictment is found, and the
accused pleads that one of the jury was
born in England, and was never naturalised.
The Court directs the prosecutor to take is-
Sue, and it is found for the accused, Here
is, not only the end of that accusation, but,
an end to every criminal procedure for the
whole term; for it would be idle to suppose
that any other person accused would forego
his right to the same exception—since, in tajs-
ing it, Without touching the nerits of hs
ease, he would be certain of a tviuniash, Or,
can the Court empanel a new arand jury: or
Supply the places of those, against whom the
exceptions were taken, after the record js
made up? It does not so appear, either hy
Statute, or by the common law, So gat in
taking and maintaining an exception Mien
could, by bossibility, only be known to hin,
it would allow one guilty person, or one ae-
cused of crime, at the very threshold of a
term of the Court, to subvert the publie jus-
tice of the country.
Ifaving Shewn, then, as IT humbly conceive,
that the Court below did not err, in ordering
the two pleas to be stricken out—first, be-
cause they were hot pleaded at the proper
time; Secondly, that pleas in abatement or
in avoidance, that £0 behind the record, are
hot authorized by the common law, but only
by Statute, and that there is no such statute
in force in the State of Alabama; and lastly,
that the statute of 1826, where its provisions
have been complied with, is conclusive as to
the character of grand jurors, the question
is submitted on the part of the state.
The Attorney General (Martin,) argued
*120
this case *fully on the part of the State, but
as the numerous duties of this gentleman did
not permit him to draw out his argument,
and as the Reporter could not do justice to
it by reference to his own notes, it is un-
avoidably omitted.
By Mr. Chief-Justice SAFFOLD:
The prisoner, Boyington, was indicted in
the Circuit Court of Mobile county, for the
crime of murder, alleged to have been com-
mitted on the body of one Nathaniel Frost.
After the indictment had been found against
the prisoner, charging him by the name of
37
~t t.hm
Pi tt i est
re -
not.
tiple,
jues-
» ¢On-
apply
and
If a
by
> held
nded
more
‘yimes
If
ny an
yf age,
fo the
ations
uiring
e, the
‘pated.
from
erving
zuish-
‘os the
liculty.
- strict
of the
icy to
ate no
ndict-
1 trom
dg c
Ps}
Fo hed
er
nd em-
such a2
‘ives of
s being
several
. shewn
! to pass
. of the
-or dan-
nerally,
vould be
may be
others
ting the
the per-
or have
| remain
ips ata
f limita-
of new
nitation)
dvantage
dietment
s follow
is quash-
‘ce to no
timed, but
hiects of
could op-
more dis-
so” ,
MaDe atone
Stree SNA g oC
oor
AE, eet nC PSS TS
1835) BOYINGTON y, STATE, *138
all vigilance in scrutinizing the jury, and none is an alien, or labors under any other, of the
from the accused: but, in as much as indict- | various disqualifying objections, which affect
ments, when found, are but legal accusations,
the competency of a grand juror. I think he
intended to shield individuals from frivolous can not, either upon principle or precedent.
or malicious prosecutions, and to subject them
to trial, only on strong presumption of guilt
——as, afterwards, they are secured in the
right to an impartial publie trial before the
Court, and by a jury strictly serutiniseda—
“entitled to be eonfronted by the witnesses
against them, with the full benefit of all wit-
nesses in their favor, and of counsel in their
defence—I cannot apprehend danger of op-
pression from grand juries, constituted as
ours are required to be.
The admitted privilege of any and all per-
sons, to challenge incompetent jurors, at any
time before indietment found, is suflicient to
prevent all material abuses of this kind. If
*136
however, the indictment be *not predicated
on evidence, as in Coolidge’s Case, 2 Gall. 364
[Fed. Gas. No. 14,858]; or, if it be falsified
by a change of the selected jurors, or the
fraudulent insertion in the return of the ve-
nire, of an improper name, as in Davis’s Case
(Dana’s MS. See page 181 of this volume),
then the question is essentially different: it
is not an indictment as prescribed by law,
and of course should be subject to avoidance
on plea, or motion properly sustained.
It would certainly involve great inconsist-
ency, to maintain, that the circumstance of a
grand juror having been an alien, should be
adjudged sufficient to avoid an indictment
after found, when, if one equally objection-
able, serve on a petit jury, which returns a
final conviction in either a civil or criminal
case, (the fact being unknown until after the
trial) the verdict ean not, for this eause, be
disturbed. The latter, I understand to be the
true principle in either ‘ase; that such ob-
jection ean only be made by challenging the
Juror before the trial.—See Hollingsworth
The first case in which we find any attempt
was made to plead such matter, is referred to
by Hawkins (Book 2, ¢. 25, see. 18), as in the
Year Book of 11th Henry IV, when it was
disnllowed; and that author Says, it is the
better opinion, that those decisions, after
that referred to, in which such plea was al-
lowed, were made under the statute of Ienry
IV, which expressly declared the indictment
thus found to be null and void, and of no ef-
fect. The argument to sustain the plea of
such matter, is, that upon common Jaw prin-
ciples, alienage, &e. disqualifies a juror.
Now, this is equally true of the alien, &¢
whether he be a grand juror, or a petit juror;
and if the finding of a bill by such an one
makes the indictment void, by parity of rea-
son, the finding of a verdict by such an one,
would also be null and void. Yet it is well
settled, that in such case, the verdict can not
for that cause, be impugned. The principle
which governs in both instances in this
country, where we have no statute like 11th
Ilenry IV, is, that the tribunal to decide. on
the matter must be challenged before it per-
forms the function, for which it was consti-
tuted. The office of a grand jury is to prefer
the charge, and that of the petit jury is to
try it. After the action of either is cgmplet-
ed, their competency to act, is not heaton.
able. The action of the grand jury ter-
minates with the filing of the bill—that of
the petit jury, with the rendition of the ver-
dict. So far as the safety of the citizen is
involved, it cannot be pretended, that it is
less important to overhaul the verdict, than
*138
*to set aside the finding of the indictment:
for the latter only prefers an accusation,
whilst upon the other, depend emphatically,
vs. Duane, 4 Dall. 853 [Fed. Cas. No. 6,618, 1
L. Ed. 8641.
Notwithstanding we have neither the in-
formation of facts in evidence, or any legal
authority to investigate the guilt or inno-
cence of the prisoner; but only to determine
the isolated questions of law, reserved by
the record for our revision, it is ever ex-
tremely painful to decide against the accus-
ed, on a question vitally affecting him; but
Judges can exercise no mercy or discretion,
beyond their opinion of the law.
In the opinion of a majority of the Court,
the judgment must be affirmed.
By Mr. Justice TITORNTON.
The question which has been referred to
this Court, by the Judge who tried the pris-
oner, is simply this: can he, after the indict-
ment has been found, returned into Court,
*137
accepted and filed, plead in bar, or *avoidance
of that indictment, that one or more, of the} peculiar to each.
the issues of life and death. The only rea-
son for any distinction in the two cases,
which can be urged with any degree of plaus-
ibility, is, that in the ease of the petit jury,
the party has a better opportunity of chal-
lenging, than in the other. In both cases, all
the books agree, that there is a full and fair
opportunity to do so, which was practically
illustrated in the trial of Burr. The interest
which is felt in the case of the grand jury is
not commonly so incentive as to induce its
exercise, and hence it is rarely done: but
that does not vary the essential nature of the
ase. This principle, which relates only to
the competency of the body, whether grand,
or petit jury, should not be confounded with
another, which relates to the competency of
the testimony, upon which the action of the
body is founded. In the latter case, the doc-
trine is, that where the evidence is incom-
petent, the action had upon it, is a nullity,
and may be availed in the appropriate mode
In the case of a verdict
stand inquest of the county, who preferred it, | found, by a motion for a new trial addressed
43
nee
A A SI Re ON RS Sil Na. i. iat arpa nbs ,
> * spate LS - ae = PRB a EE igh aie
ie
oasineinememmmmememietth ie iy so nk ee et ee
Sah EPS
ES:
Re ab ban pea
ema
irded
two
hold-
» cir-
box,
y the
i per-
irom
ll not
power
and
ned.
xtend
es
Sp ip Sieg eS
1835)
Is our law then, so guarded that no ob-
Jections ought to be allowed after bill found
If, indeed, the presumption is, that the lay
has taken suflicient care of the interests o
those who may be indicted, (and every man
in the community is liable to be,) why is an
exception to be allowed before bill found?
Yet it is clear, that any one of the objections that the soure
known to the Common Law, may be made by
any person as amicus Curie, before bill | after bill
‘found, and the person objected to will be
discharged.
If the plea is not allowed, this consequence
follows, that a person, before bill found
*142
BOYINGTON y. STATE.
*144
ceeding, until he waives the right; much
?/ more then should this right be held sacred
VJ in a eriminal case, where it is said a man
f | cannot waive his rights.
sut, publie policy and convenience, it is
said, forbid this proceeding. What principle
of publie policy can be more sacred than
es of justice should be pure?
and wherein is the inconvenience greater
found, than before? <A bill is
found to-day—the defendant is put upon his
trial to-morrow—he can alledge nothing
against the grand jury, when the next entry
» | on the minutes may be an order discharging
the same jury, at the Suggestion of any idle
may, upon sugges*tion, purge the jury, as | by-stander who may chance to come into
long as he ean find upon it persons disquali- | Court, and against whom no
fied; but after he is indicted, even though
charge is made.
Ought not the Court rather to say, that in-
it be for a capital offense, he can allege noth- | dictinents found by persons not “good and
ing against the panel, though every person
on it may be, in fact, disqualified. Does this
seem reasonable or just.
In England, by statute, a person who pro-
cures himself put upon a jury, or who has
been put on at the request of another person,
Will make the bill void, though he may be
qualified in other respects, and though there
may have been a competent number of per-
sons beside him on the jury, who were quali-
fled, and who concurred in finding the Dill.
3 Bacon’s Ab. 727. Is not the principle of
the objection, to be found in the Common
Law, and does it not exist properly then,
without the statute.
The distinction taken, as to the time when
an exception can be made, precluding it after
an action by the grand jury, and the analogy
Which is attempted to be drawn between this
case, and that of exceptions to the petit jury,
which are not allowed after verdict, does
not hold. The analogy fails when the rea-
son fails. In the case of the grand jury, the
defendant has never been called to except,
until bill found. In the case of the petit
jury, he has had his day for objection and
selection. There must be an end to the
prosecution; and when the party has had
his day of objection, he must submit.
The true and safest rule, to my mind, is
this, that when a bill has been found by per-
f0ns who, by the Common Law, are disquali-
fled, it should be held void upon plea, and
the defendant should not be held to answer
an indictment proceeding from so vicious a
fource. By adopting the other rule, the act
!s made to sanctify the means, and the party
looses his right to object, for not having
*143
done so before he *had a motive, and on be-
ing arrested, though he can shew that the
accusation has proceeded from aliens, felons,
and persons packed upon the jury by fraud,
he is told that he is too late—the accusation
has purified the accusers, and he cannot be
heard.
Even in a civil proceeding, a person is per-
lawful men,” shall be “revoked, annulled,
void. and holden for none forever.” If ]
am to be put on trial for my life, let my
accusers, at least, be boni et legales homines.
The want of authorities in favor of the
plea, is suggested as an argument against it,
I infer the opposite. There are cases Xe)
plain, that precedents can not be found
Shewing their having been contested. The
point could not be made in an appellate
Court, unless, as in this case, the plea was
denied. It is hardly possible that a case
never occurred, but it is possible—may be
quite probable, that the plea was never be-
fore denied. Raw.
Indictments have been quashed, ard nolle
*144.
prose*qui’s have been entered for irregulari-
ties, much less than this.
In 2 Mason, Judge Story quashed an in-
dictment because it appeared on trial, that
a man had given evidence before a grand
jury, who had (though not a Quaker,) been
aflirmed, he having conscientious scruples
against taking an oath.
In 2d Pickering, a bill was quashed, be-
‘ause found by a person, one of the grand
jury, who had been Substituted for one of
the regular panel, as a matter of convenience
to the regular juror; and I presume hun-
dreds of cases have occurred where the
prosecuting officers have entered nolle prose-
qui’s, on suggestions of irregularities, not
even affecting the jury. Tlence the want of
decided cases to avail us in the investiga-
tion. The inconvenience is trifling—it is pre
ferred even in pleas of misnomer. A new
bill can be found. If necessary, the jury
can be reformed, and the proceedings can be
had without a suggestion of a defect.
By this course, and by always listening to
any suggestions which will shew, that the
grand jury must always be not only pure,
but above suspicion, you remove the tempta-
tion to corruption, and keep it, what it was
always intended to be, the grand inquest of
the county, composed of “good and lawful
mitted to except to the illegality of a pro-
men—as ready to reject unfounded charges,
45
MT OCATIN....0 gl asa
ate eRe art Se SN
er
ee 1 i. ie Me: a
a
wramerereencusemte Wh YS
ee
eS UP hap a aaa aa
Se
AER EE Ay
se
NRE id I Np cet tt SR
Cea RA RRR aeiap WS
*132 2 PORTER'S REPORTS. (Jan. Term,
#134
ment found, and to *bind us so to declare it,
whether we approve of the policy or not.
But, to examine the question on principle,
the impolicy of allowing the pleas in Ques-
tion, appeals to me obyious. It must be con-
ceded, that if the right exists, it must apply
in all cases, as well for misdemeanors, and
inferior felonies, as for capital crimes. Ifa
knowledge of the intended preseculion, by
the accused, or his presence in Court, be held
necessary to exclude the right, as contended
in arguinent, this is more common and more
generally to be expected in capital crimes
than in charges for inferior offences. If
alienage furnishes @ ground for avoiding al
indictment, it would seem that want of age,
want of house-hold or free-hold, must do the
same; then various other disqualifications:
must stand on the same principle, requiring
the trial of distinet issues on evidence, the
of which could not be anticipated.
The same consequences must result from
various grounds of exemptions from serving
on juries, or the latter must be distinguish-
ed from the former, and in some cases the
distinction would involve much difliculty.
3ut the consideration, that want of the strict
legal qualifications in one or more of the
grand jury, has no necessary tendency to
prejudice the accused ; that it can create no
presumption that one expecting to. be indict-
ed, would choose to exclude such person from
the jury, if present with the knowledge of
the objection, inclines me strongly against
the policy of feng such defence. I would
cheerfully submit to all the delay aud eni-
barrassment, that could arise from such a
course of practice, if demanded by motives of
true hmnanity or justice. Our juries being
selected by, and in the presence
fied to serve. ‘Then, noticing the statute of
jlenry LV, and Hawkins’ reference to it, the
Court proceeds to say, “Phe mischief was,
that persons were put on the jury who were
not qualified to serve—they were outlawed,
&e. and had no right to be on the jury.
The case referred to, of The Commonwealth
vs. Davis, proceeds on this same principle,”
&e. But, “the present case is very differ-
ent. Here, there was no objection to the quali-
fications of the juror. Ie was entitled to be
drawn as a grand juror, and he was drawn,
and had notice and attended, and was sworn
and allowed to act with the grand jury.”
This opinion further remarks—“It is object-
ed, that there is a difference between trav-
‘and jurors, peeause tray-
e challenged. The books
say, that grand jurors may also be challeng-
ed. But, there is a difficulty in the case, for
a bill may be found against a person who
and who has no Op-
has not been recognised,
*133
portunity to challenge. «The ease of The
Commonwealth v. Smith, 9 Mass. 107, if we
should adopt the remarks there made on
this subject, to their full extent, would put
an end to this motion in arrest,” &¢c. In as
inuch, however, 4s the doctrine of Smith's
Case, on this point, was not necessary to be
applied, and the case in which it was €X-
pressed, was determined on another point;
and because the Court had some doubts of
its correctness in all eases, they decided Park-
er’s Case on the ground that Wythe was
properly qualified to serve on the grand jury;
and that the constable was properly allow-
ed to amend his return.
It may be remarked, with respect to the
ease of Davis, (admitting it to be correctly
reported,) that it, in no degree, conflicts with
the principles T have maintained. Lock,
whose name was foisted into the return, hav-
ing never been chosen on the grand jury,
surely could not, in fact, or legal contem-
plation, have the slightest claim to the char-
acter of a good and lawful juror, but the re-
turn of the venire, in Tr
eference to him, had
been grossly falsified, and of course vitiated.
Parker’s Case is entitled to little, if any
more, consideration. The juror’s authority
to serve, was deemed sufficient, on objection
merely, that he, did not appear from the ven-
ire, to have been summoned. It js true the
Court intimated, a doubt of the correctness
of the remarks in Smith’s Case, but decided
nothing in reference to this question; nor do
they appear to have investigated the subject,
to have considered the effect of the Eeng-
lish statutes,
to which I have referred, or
the influence due to statutory reformations or
purgations of jury panels, such as provided
in England, or in th
is or any other State of | ed,
the Union. YT consider
the law sufficiently | one,
settled to exclude the right to except to the with a hope to delay ov defeat the objects ot
personal qualifications of the persons Se- the law. If finding an indictment eould op-
lected, summoned and sworn
on the grand erate as a conviction, I would be more dis-
jury, as prescribed by statute, after indict- posed to demand of the Court and its officers,
42
erse jurors and §
erse jurors may b
necessity
of the several
of the county, as already shewn
and intended to pass
the term of the
sworn officers
—all presumed impartial,
on all bills preferred during
*4135
Court, there can *scareely be a motive or dan-
ger of oppression. The objections, generally,
that would be available in one case, would be
the same in all: many indietments may be
found by a panel, containing, among others
unexceptionable, one or two men wanting the
requisite qualifications ; most or all the per-
sons indicted, may have known this, or have
had every opportunity to know it—all remain
indifferent or silent: after’ ards, perhaps at a
subsequent term, after the statute of limita-
tions has barred the commencement of new
prosecutions, (in cases subject to limitation)
one concludes he can derive some advantage
(delay at least) -by abating the indictment
against himself—he sueceeds—others follow
ery indictment is quash-
on a ground that could do injustice to no
and would never have been Claimed, but
the example, and ev
ESD CRE RES AE ATRL.
ee
ANG weed omerieg tele’, Weir
ey ett che
#138
to the Court, and in case of indictment re-
turned a true bill, by appealing to the same
tribunal, either by motion, or by plea, ac-
cording to the practice of the Court.
The decision of this Court, how pronounc-
ed, adverse to the allowance of the pleas of
alienage, &c. after indictment filed, I appre-
hend to be, the doctrine of the common law,
which, both in civil and criminal matters, is
in full force in this state, so far as not ins
compatible with the genius of our political in-
stitutions, unless altered by statutory enact-
ment of our own legislature. The application
of the principle, is, I think, entirely obliga-
tory upon us, and if it be unwholesonie, which
*139
I am far from conceding, the ap*propriate
remedy is to be applied by another depart-
ment of the government. I would venture to
predict, that a statute conferring the benefit
of pleas, of the character refused in the
Court below, upon prisoners; whilst the cor-
rect organization of our grand jury, 15 Sse-
cured by so many guards, as our present
laws afford, would result rather in the ob-
struction of condign punishment, than in the
protection of persecuted innocence.
I concur in the affirmance of the judgment,
with the Chief Justice.
Mr. Justice IIITCHCOCK, dissented.
I am not able to concur in the opinions
just delivered. I think the plea of alienage
should have been allowed, and that too, not-
withstanding the plea of misnomer.
That plea should not, I think, have been
received. It is not a good plea at Common
law, in a case of felony; because the pro-
ceeding in such case is against the person of
the prisoner, by whatever name he may be
distinguished. 3 Bacon’s In. G. 2. We have
no statute, as in England, allowing it, and a
middle name, or the initials of one, cannot
be pleaded in abatement, even in a civil case.
{Franklin vs. Talmadge] 5 Johns. 84. This
being the case, I would not, in a eapital ease,
deprive the party of a second legitimate plea
in abatement, though the first immaterial
one had been allowed by the Court below,
and bad been found against him.
By our statute, a “orand jury of a com-
petent number of good and lawful men, of
the county where the Court is held, shall be
returned and empannelled agreeably to law,
to attend each term of the Circuit Court.”
Aik. Dig. 243. By the Common Law, these
“ood and lawful men,” must be citizens:
they must not be “aliens, villeins, outlaws,
*140
either in criminal or perso*nal actions; per-
sons attainted of treason or felony; or per-
sons convicted of any species of crimen falsi,
as conspiracy, or perjury, which may render
them infamous (1 Chitty’s Cr. Law, 207; 8
Bacon’s Abr. 725), and any person returned
on a jury obnoxious to any one of these ob-
jections, may and will, at the suggestion of
44
2 PORTER’S REPORTS.
pence ge ana - ‘
He ms pat a ts ihopnahemaas chair Attia aia Ne thd
acl *
(Jan. Term,
any person, before bill found, be rejected.
3 Bac. Abr. 725.
This right, so far, it is admitted, exists at
Common Law, and Chitty (1 Cr. L. 207) says,
it may also be done after bill found, by plea
in avoidance; and he refers to VWawkins
(lawk. book 2 ch. 25, § 1S), who states, that
it is doubtful whether this right exists at
Common Law or by the statute of 11 Ifenry
IV, chap. 9. Ile refers also to Bacon, Juries
A. But, he says, the exceptions must be
taken before indictment found.
This statute, after reciting that inquests
had been taken at Westminster, by persons
not returned by the sheriff; by persons out-
lawed; by persons who had. fled to sanectu-
ary for treason and felony, declares. that
all such indictments so made shall be null
and void, and for nothing held. This stat-
ute does not embrace aliens, and no case
ean be found in England, where the ques-
tion has been made. It could not, of course,
arise on any one of the other qualifications
since the statute, and we are left to decide
the question, more upon principle than au-
thority.
The case of the Shearers, alluded to,
shews. that the Judge there had his doubts,
as well as Ifawkins. The only case to be
found, of a decided opinion, is that in 9
Mass. This was a dictum of Justice Sewall,
and the reason, to wit, that to allow the plea
would contra(ia#he averment in the indict-
ment, that “the jurors were good and lawful
men,” does not seem to be entitled to much
weight. Its correctness was questioned by
the Court in a case in 2d Pickering.
In England, by the statute of the 3d Henry
#141
VIII, *the justices reform the panel returned
by the sheriff, by putting off such as are dis-
qualified, and adding others in their place.
It has, however, been decided, that this act
does not repeal the act of the 1ith Henry
IV, where it does not confliet with it, and
therefore, an indictment found by an outlaw,
or person returned at the instance of any
person, (except of the justices) may still be
abated on plea as before the statute: neither
statute authorises the plea; it is allowed to
carry into effect the provisions of the statute
which declares the indictment void.
It is true, our laws regulating the forma-
tion and selection of juries, is more guarded
than in -ngland. It requires, every two
years, a list of free-holders and house-hold-
ers to be returned by the sheriff to the cir-
cuit court clerk, which are placed in a box,
and the panel is drawn from this box by the
sheriff and clerk, and if it appear that a per-
son, whose name is drawn, has removed from
the county, or is deceased, his name shall not
be included in the panel, but no other power
is given to reform the panel: aliens and
felons may be there, and may be returned.
In this particular, the power does not extend
as far as it does in England.
gett
pg atta nip ties
*
SRY Mea S08
ind with a kind
roustabout could
ching it with his
s it went bounc-
he river on the
like a bundle of
) with a bale of
ut was carried
it pulled himself
t there blinking
_ lily pad. Frost
he rail and were
woman’s voice
sman of such pleasing appearance could be charged with
“Remember Boyington!"'"—Mobile's Amazing Mystery 45
trial for the murder of his friend. The following is approx-
imately the exact evidence as remembered and told by one
of the jurymen:
The first witness called to testify was the keeper of the
cemetery. He stated that he had been the keeper there for
thirteen years; ever since it was established. On being ques-
tioned by the State’s attorney, he answered in the affirmative
to the question: “Did Mr. Frost go into the graveyard with
Mr. Boyington, the prisoner there, about four o’clock on the
Satrd syafternoon of May tenth, last?”
favorable was uncovered in the investigation of the pair.
Boyington had to go to trial on the 20th day of that
November with no idea of how he was going to combat the
damaging evidence against him. His fine personality, his
even and amiable disposition had so endeared him to his
keepers that they allowed him to come into court without
being shackled. He took his seat between Erwin and Ol-
ett, his attorneys. Prison pallor had not begun to show in
his face and it looked like a travesty on justice that a young
murder. ; :
As soon as Judge Chapman had come in from his room,
taken his seat and the court had been called to order, the
district attorney, Solicitor Breeden, announced that the
“Eyes they go in together drunk or sober?”
“Both had been drinking, but Mr. Frost appeared
much drunker than Mr. Boyington. That’s the way it ap-
State was ready for trial. : to me.”
And the water’s Olcott for the defense, pleaded not guilty, but could find “When they entered the cemetery, did they appear
emed to become no reason for postponing it, and Charles Boyington went to friendly?”
>» Of course, he
gue”
“No. They seemed to be quarreling.”
“Could you hear what they were quarreling about?”’
“T heard Mr. Boyington say, ‘Now, Nate, you've got to let
her alone.’ ”’
“What was Mr. Frost’s answer?”
“‘7]] do as I please about: it.’””
“What else’ did you hear them say?”
“Tt didn’t hear any more, as they had got too far away
from me.”’
“How long after they went into the cemetery did Mr.
Boyington come out?” (Continued on page 96)
* . ; f
Boe ee Ny
pee me r :
Meisels Turk a = cyt ett {
SHUTS anet! Whar ope
ce
*
eh adie Oe i
at ot fet rey 1009 ng &:
may
po yedee oy
,qod 4 Jott t;
nantly !
—
cate oie
whet
Pe ad ti ‘
‘ wert :
o ae vacate rors
poh ‘ Lz
‘ied
made the argu-
id no one would
ee days that we
e took up lots of
‘ee-in Mobile, we
fleecing him and
er had any confi-
out her; she was
ie cemetery. She
im that I believe
1ey,”’ Boyington
might be of use
‘ing. However, I
ig up something.”’
.d worked on the
orence White and
had spent a great
time, was at the
, clue whatsoever
*
.
eawenet ees: \\.
meee —S
SN ae
(Above) The place in the
Mobile Cemetery where Frost
and .Boyington sat on the
afternoon of the murder. The
spot is not more than fifty feet
from where the body was taken
over the wall
ws
ALN
ai
i
g
gi
sz
hl ope eee
Zi pigseme EB
OS & cs
ah 2
‘ ‘ &
ni
"
(Right) The old court house at ;
the corner of Royal and Govern- on . Rat's, “Gar rae 9 sone oMyrry ee
ment Streets, in Mobile, where ; mo ee 2m : ‘ ¥"
ington was tried in Novem- \ .
ber of 1834. Here the death “awe Be
parade formed at 1:30, February ° ay ; mo f
20th, 1835
cell at
ne and
1 began
Have a
do you
said at
readful.
3 of my
e every
rod, it’s
nding it
seem to
up and
dov't!’
1 I was
I’m set
in. Tell
[ll even
back if
arding a
ial. You
low an
mmitted
you said
hat’s the
aid after
tell you
make no
I killed
» get her
nkes_ be-
yperty. I
’ Walter
“you cer-
of people
hoped to
1e poison
all of the
the Book
he drama,
hose dim
the dark
formatory
d, “It is.”
vidence; a
knife with
od on the
metery to-
in there?”
<eeper was
ain that no
they went
e one else
your seeing
probable.”
id the coro-
hat he had
en he came
it had not
-edged knife
rath was al-
e body had
it had been
eee anes a
jead for about fourteen or fifteen hours.
“What did you find on the body?” asked
the solicitor. ‘
“Only a little small change in one of his
pockets. The fine gold watch and chain
he always wore, his diamond. ring and
pocketbook that held his money were
gone. Some of the pockets in his clothes
were turned wrong side out.” :
“What motive can you ascribe for this
murder?” .
“Judging from all appearances, it was
robbery.” .
After a short cross-examination by the
defense counsel, this witness was dis-
missed. The two_ officers who arrested
Boyington were called and their testimony
showed that the cemetery-keeper ha
notified the police department as soon as
the body was found. They then told how
they had _ arrested Boyington; that they
had searched him and found a wallet with
money in it. This wallet had Frost’s name
m it.
“How much money was in the wallet?” -
This from Breeden. .
“A little more than ninety-six dollars,”
was the answer.
“What else was in the wallet?”
“Some private letters addressed to Mr.
Frost; some undue notes payable to Mr.
Frost, and some IOU’s signed by different
people.”
HE wallet was introduced in evidence
and identified by the police officers.
“When you came upon the gangplank
of the up-river steamer, did you see Mr.
Boyington on the upper deck?”
“Yes, sir.”
“What was he doing?”
“He was standing at the rail and threw
overboard a large watch and chain that
fell into the river near the gangplank
where we were standing.”
On cross-examination, Olcott asked:
“How did you know it was a watch an
chain?”
“T could sce a large fob on the end of
the chain and heard the clinking noise it
made in falling.”
“Can you swear positively that it was
a watch and chain?”
“T am reasonably certain it was.”
“Was any effort made to recover the
watch?”
“Yes, sir. After the arrest, we dragged
the river where it fell, but couldn’t find
“The attorney for the State rested the
ase.
The defense counsel placed on the stand
many character witnesses who testified to
the good moral character of Boyington.
The latter then took the stand.
The prisoner told how he and Frost
had been discussing a woman of the “Red
Light District” when they entered the
grounds, and then Boyington said:
“JT was admonishing Frost, warning him
to let her alone; that I was afraid she
would bleed him for his money. We were
not fighting, but our conversation at that
point where the keeper overheard us, was
more like good-natured banter.”
The defense counsel then asked Boying-
ton to tell the jury all that happened from
the time he and Frost entered the ceme-
tery until his arrest on the boat. To
this request, he replied:
“We went into the cemetery to get
away from the city for a walk. We sat
down on a terrace near some thick ever-
green shrubbery which was to our left
side and against the wall. Frost and
talked about our stay in Mobile and other
matters pertaining to what we were to do
when we got back up the river. I was
anxious for him to go with me, because
I realized he’d been drinking entirely too
much and I did not. like the company he
True Detective Mysteries
was running with while he was drinking.
He, as well as myself, had won some
money at cards during the last few days.
When I could not persuade him to. go
with me, I gave him my bowie knife. Just
before leaving him, he took the money
from his wallet saying that when he had
spent that, he would come home. He
asked me to take it with the securities
and IOU’s, and keep it until he came.”
The defense counsel then asked: “Did
he also give you his watch and chain,
and diamond ring; and did you throw
them overboard into the river?”
“No,” said Boyington, “he did not give
me his watch and chain and diamond ring,
but was wearing them when I left him
in the cemetery.”
“You have heard officers testify that
they saw you throw the watch and chain
overboard. How do you explain that?”
M
- + « & flame.
cigarette is delivered .
LOOK MEN
AGIC CASE HANDS YOU A
>< LIGHTED:
CIGARETTE /
.. LIGHTED...
right to your lips. You PUFF and SMOKE.
97
“T had been eating an orange, and when Anew revolutionary, dynamic tay tow priced.
fect
the officers came upon the neplank _ | Just what every man has been waiting for.
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when the boat had been stopped between | say the word and we'll wrap
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board. They mistook these peelings for acon
the watch and chain.”
After Boyington had finished testifying,
the case was closed. The solicitor, in his
speech, pointed out the weakness of the
testimony in behalf of the defense. He
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was surprised a man of Boyington’s intel- Start in Business W ITHOUT INVESTMENT -
ligence could not fix up a better story WRITE Yow Que “chat astngrt ith 308 ecpa
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than the one he had told. He said Boy-
ington went to the graveyard with Frost; TODAY ive 8s ©
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came away without him; then tried to Department 43-DB Lynchburg, Virginia
escape on the boat. His bowie knife did
the deed. It was found at the point where
he stabbed his partner and threw his body
over the wall a few minutes later.
In Olcott’s speech for the defense, he
emphasized the fact that the very weak- “se avon, cents for veut pockot
ness of the defense was_ its strength, | 15, Without The Use OF Fietenationally known
Would Boyington leave his own bowie Pollee Jantructor. ‘Also ti
1 . yourself agains y man, rem mdlone sf"ttze cena
knife near the body? He spoke directly | sn«.wne oat Belarined with wun, knife or club,
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to the jury saying that if Boyington had
not been telling the truth, he would have
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fixed up a stronger case; that the entire
case of the State against the defendant
was wholly circumstantial. All the evi-
dence and especially one link in it was
very weak, and that link was in the fact
that when the officers dragged the river,
they did not find the watch and chain.
Bons was promptly found
guilty and sentenced to hang. He ap-
oday.
01 bd CH PANTS COMPANY.
wept. 70 Chicago
pealed to the Supreme Court of Alabama
on two technical exceptions which are
thoroughly discussed in ALABAMA Reports,
Annotate Epirion, Boox 6, Page 31—
Porter. At that time, they were forced to
go to the Supreme Court on technical
exceptions only and not on the merits of
the case. =:
This great tribunal confirmed the de-
cision of the lower court.
e. LOWeR ere
While waiting in jail for the day of his | Pwr Sere anne
execution and after he realized there ‘was | send for our Special baraain
no hope for him, he wrote many articles | Somes hos ¥ mires!
and poems in which he advised all young
men to avoid gambling and drinking. He
pointed out to them and explained how @
life of sin and recklessness would brin
its recompense of sorrows, heartaches fer
tears. His writings were smooth and very
interesting.
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He had been found guilty on Novem-
ber 22nd, 1834—six months and twelve
days after the date of the crime. One
week later Judge Chapman sentenced him
to die on the gallows during the day of
February 20th, 1835.
On the night of February 19th when
every one had gone except the death
watch, only a few hours before his execu-
tion, he wrote a letter to his best frien
the Reverend Doctor W. T. Hamilton, the
Presbyterian minister who had visited him
daily. This letter clearly portrays the
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96
order and went on trial for her life in
Medina in May of 1925, some four months
after the murders. The prosecution had an
open-and-shut case presenting, among
other things, the defendant’s confession
and the statement of the boy Everitt to
the effect that he had accompanied his
mother to the drug store when she bought
the poison. :
A tense bit of drama resulted when Marie
Gienke, the girl whose parents had been
slain, was carried into the courtroom on
a cot. Physicians testified that this vic-
tim of the “poison widow” would be a
life-long cripple because of the arsenic ad-
ministered.
Just before the defense got under way,
another of Martha Wise’s victims, her
sister-in-law, Mrs. Fred Hasel, passed into
eternity by her own hand. Mrs. Hasel had
been brought home from the sanitarium
apparently on the road to recovery, but
she plunged into a deep and lengthy spell
of brooding over the fact that her hus-
band’s sister had poisoned her and several
others. The result was that the poor
woman’s mind became unbalanced to
ch an extent that one day while stand-
ing in the yard she killed herself with a
paring knife.
OX the day of Mrs. Hasel’s funeral the
court in which Martha Wise was being
tried was adjourned in order ‘that resi-
dents of Hardscrabble might attend the
service.
And so it was that at the moment
Martha Wise began her deferise her toll
of life had increased from three to four.
The defense handled by Joseph
Pritchard, prominent Cleveland attorney,
contended that Martha Wise was not
responsible for anything she might have
done inasmuch as she was not in her right
mind. Doctors took the stand in an effort
to prove that point.
The defendant did not testify in her
own behalf. A mixed jury, out less than
an hour, returned a verdict of guilty of
murder in the first degree, with a recom-
mendation for mercy, thereby saving the
poison widow from death in the electric
chair. The woman was thereupon sen-
tenced to life imprisonment in the Ohio
State Reformatory for Women at Marys--
ville. She began paying her debt to society
on May 26th.
Following the trial of Mrs. Wise, Walter _
True Detective Mysteries
‘Johns, her erstwhile suitor, was arrested
on suspicion of having countenanced the
murder plot. But Johns had little trouble
in convincing the authorities of his ab-
solute innocence of any complicity what-
soever in the unholy activities of Martha
Wise, and he was forthwith discharged
with a clean bill of health. ;
Their mother in prison, the four Wise
children were turned over to kind-hearted
residents of Medina County, and a
Medina business man was ultimately ap-
pointed as their guardian.
One afternoon in May, a day or so after
her trial, I climbed to the top of the hill
to the widow’s deserted home. I peered
into the windows. The curtains were spic
‘and span. The nickel on the kitchen
range shone in the sunlight. Some clothes-
pins hung in a bag of net on the back
oe. Strips of paper which Mrs. Wise
ad placed over the back door to keep
out the flies rustled in the spring breeze.
The green fields around the homestead
were speckled with tens of thousands of
violets, the apple trees were in full bloom.
I reflected on the irony of Fate. Hardly
a setting, this, for a female Bluebeard bent
upon destruction of human life. What
changes just a few months had wrought!
The Hasel home, not far away—two
members of its houschold in the grave——
The Gienke home, also close by—the
father and mother gone—a daughter
es for life—- _ .
e only stig aspect to the great
tragedy was the fact that the others whom
Martha Wise had plotted against were on
the road to recovery.
Only a short while ago, I visited the
Ohio State Reformatory for Women,
where the mistress of wholesale murder is
serving out her term. Martha’s job there
now consists of caring for four hundred
pullets and: two hundred Belgian hares.
An ‘interview was arranged for me with
the murderess. She remembered me from
her trial, which I covered as a member of
the working press.
“I suppose you’
of questions,” she eaid. “%
“Well, I’d like to ask you some,” I an-
swered, °° °° ss...
“Go ahead, then.”
“How are you getting along?”
“T’m almost out of my mind,” said the
woman dramatically, but nevertheless
sincerely. “Oh, if people back home only
re going to ask me a lot:
know the torments I suffer in my cell at
night they would take pity on me and
help me to get free.’ The woman began
to weep.
“Go ahead, Martha,” I said. “Tave a
good cry while you're at it; it may do you
good.”
“Crying does no good,” she said at
length. “fm suffering something dreadful.
My mother’s ghost and the ghosts of my
aunt and my uncle come in here every
night and point at me. Oh, my God, it’s
awful! Many a night I feel like ending it
all. But when I feel that way, I seem to
see my children, and they jump up and
down and scream and say, ‘Mother, don’t!’
just as they did one time when I was
going to kill myself at home. :
“Please tell the people that if I’m set
free I’ll never harm anyone again. Tell
them I'll go anywhere they say. I'll even
go out of Ohio and never come back if
they’ll give me a parole.”
“Martha,” I said, “nothing regarding a
motive was produced at your trial. You
“have been here several years now and
still no one knows why you committed
these crimes. In your confession pts said
the devil made you do it, but what’s the
real story?”
The woman stared hard at me.
“I'll tell you the truth,” she said after
a spell of meditative silence. “I’ll tell you
the truth now because it will make no
difference after all these years. I killed
my mother because I wanted to get her
property, and I killed the Gienkes be-
cause I wanted to get their property. I
thought if I got some property Walter
Johns would marry me and be a father to
my children. I had a hard time of it and
it’s pretty sad to be poor you know.”
“Bu; Martha,” I countered, “you cer-
tainly had a large number of people
to kill before you could have hoped to
acquire the Gienke property.”
“Yes, I know... .”
And thus ends the story of the poison
widow of Hardscrabble. That is, all of the
story that has been written in the Book
of Destiny up to this time.
Time alone will write finis to the drama,
and something tells me that those dim
figures who parade nightly in -the dark
corridors of the Ohio State Reformatory
for Women will be involved.
“Remember Boyington!” Mobile’s Amazing Mystery
“About three quarters of an hour.”
“Did he come out alone?”
“Yes, sir.” :
“Did you ever see Mr. Frost again
alive?”
“No, sir.”
“Where was the body found?”
“Hidden among some bushes just out-
side the cemetery wall.”
“When was the body found?”
- “About nine o’clock, Sunday morning,
May eleventh. : ‘
“Who found the body?”
“Some people out for an early Sunday
morning walk. They strolled by the out-
side of the graveyard and saw some blood-
stains on: the ‘gallberry’ bushes. They
had picked some of the white flowers near
the evergreens and upon closer inspection
discovered what they thought was a dead
man. They came hurrying around to me
as I was standing at the gate of the ceme-
tery. By their frightened looks I could
tell before they reached me they were ex-
cited. I went to meet them and together
we went back to where they had seen
(Continued from page 45)
what they believed was a dead man and
there after pullin away the bushes we
found Mr. Frost’s body.”
“After discovering the body what did
you do?”
“I immediately notified an officer,” was
the answer.
“Was there any weapon found near.
the body?”
“THERE was not. We found a bowie
knife inside of the cemetery near the
place where Mr. Frost and Mr. Boyington
were seen together last by me.”
“Was there any blood on the knife?”
“Yes, sir. The knife was bloody.”
“Was there any signs of a struggle or
blood where Frost and Boyington were in
the cemetery?
“Yes. There was blood both on the
ground and on the side of the wall where
it appeared the body had been dragged
over the wall after Frost was killed.”
“You have testified you found a bowie
knife. Is this the one?” He presented
the knife.
The keeper nodded and said, “It is.”
The weapon was placed in evidence; a
beautiful pearl-handled bowie knife with
the name ‘Boyington’ embossed on the
handle.
“When they went into the cemetery to-
gether, was there any one else in there?”
“No, sir. No one.”
On cross-examination, the keeper was
asked: “Are ay positively certain that no
alae in the cemetery when they went
in?’
“T am sure of it.”
“TIsn’t it possible that some one. else
‘might have got in without your seeing
them?”
“Tt is possible, yes, but not probable.”
The witness was dismissed and the coro-.
ner was called. He testified that he had
known Mr. Frost and that when he came
to the body at the cemetery, it had not
been disturbed; that a double-edged knife
had pierced the heart; that death was al-
most instantaneous.
He was asked how long the body had
been dead. He replicd that it had been
dead for al
“What di
the solicito
“Only a |
pockets. ‘1
he always
pocketbook
gone. Som
were turne:
“What m
murder?”
“Judging
robbery.”
After a «
defense co
missed. T
Boyington -
showed th
notified the
the body w
they had
had searche
money in it
on it.
“How m
This from
“A little
was the an
“What el)
“Some pi
_Frost; som
- Frost, and ;
people.”
HE wal!
and ide
“When y:
of the up-r:
Boyington
“Yes, sir.
“What w
“He was
overboard :
fell into t!
where we wv
On cross
“How did
chain?”
“T could :
the chain a:
made in fa!
“Can you
a watch an
“T am re
“Was any
watch?”
“Yes, sir.
the river w
it.
The atto:
case.
The defer
many chara
the good n
The latter i
The pris:
had been di
Light Dist:
grounds, an
“T was ac
to let her
would bleec
not fighting
point wher«
more like g
The defer
ton to tell t
the time he
tery until
this request
“We wen
away from
down on a
green shrub
side and ag
talked abou’
matters per!
when we g
anxious for
_I realized h
much and I
98
feeling of a healthy, vigorous, conscien-
tious and innocent young man who fully
realizes that he has but a few more hours
to live. Boyington’s letter follows:
My Dear, My Respected Friend:
I have raised my pen to address
you, yet what shall I, what can I say
to you? You have sat beside me in
my lonely prison cell; I have listened
to your kind, your generous counsel;
you have been to me as a father;
upon your bosom I have rested my
burning brow, and your kindness has
drawn from me tears such as nothing
but sympathy like yours could have
called forth. What think you must
be the feelings that animate my heart
toward you? x
Do you, can you, will you believe
me, the savage I have been repre-
sented? I can hardly write. Oh, that
you would, that you could, see the
inmost recesses of my heart. But I
will—yes, I will be calm.
You have solemnly asked me
whether I am guilty or innocent. The
question itself implies a doubt; but
I do not think it unkind. I have been
a gay and a wild: youth; I have been
thoughtless; I have been guilty—
guilty, but not guilty of Murder—
not guilty of the crimes with which
report has charged me.
I have not been a believer in the
Doctrine of Christianity nor am I now
(I regret to say it, for I know it will
pain you); but from my earliest
youth I have held my word when
solemnly and sincerely pledged, as
paramount to everything. It may
sound like boasting—I know it will—
but in the whole catalogue of the
transactions of my life will not be
found recorded a deliberate, inten-
tional falsehood; and when I say
upon my honor, by the love I bear
‘ to her who bore me, as I value your
friendship, and as I hope for the
happiness of my friends and vindi-
cation of my memory, I am, I am
innocent of the murder of Nathaniel
Frost. I swear it by the most solemn
oaths that I consider binding.
Were I to tell the world I am
guilty, who would doubt it? Not one.
But when in the most solemn man-
ner I declare my innocence, every ear,
every heart is sealed. ’Tis hard, ’tis
hard; but the day will, it must come
when the stain will be removed. Aye,
I repeat it. When I am no more in
the land of the living, when my form
shall have mouldered in the tomb,
then sooner or later, the world will
believe that they have wronged me.
That thought—Oh, how consoling even
now, when ere another day shall have
passed, I shall be alike senseless of
shame and approbation.
My dear sir, I must conclude, even
what little I have written has been
done with difficulty. While I feel
more than volumes could express, I
can only say, I thank, I respect, I
honor you. May every blessing at-
tend you, and when you would feel
or say something sad, think or speak
of—BoyIncTon.
At half past one on the afternoon of
February 20th, 1835, the death parade
was formed at the corner of Government
and Royal Streets. The march was along
Government Street for more than a mile
to Bayou Street and then south to a
vacant lot where the A. M. E. big Zion
church now stands. This was before the
days of electrocution and a gallows had
been built on this ground.
Almost everybody in Mobile either
True Detective Mysteries
joined the parade or lined the sidewalks
of Government Street to watch the parade
go by. A cart containing the coffin and
drawn by a single black , Poe with Boy-
ington and the Reverend Doctor Hamil-
ton to whom the condemned man had
written the letter quoted above, slowly
walking behind it, formed the center of
the procession. The prisoner was dressed
in a black business suit and wore a stiff
plug hat. He was not shackled in any
way. As they passed along, Boyington
would occasionally raise his hand to bid
farewell to his friends as he recognized
them.
When he reached the scaffold he
mounted the thirteen siege without aid.
A short prayer was spoken by Doctor
Hamilton who, at its closing, turned to
Boyington and said in a loud voice so all
could hear: “Boyington, in a few minutes
you will stand before your God. What
is your last declaration?”
“I am innocent—I am innocent!” was
the exclamation.
The minister then shook his hand,
turned from him and walked down the
steps.
_ Seeing his friend depart and now stand-
ing totally alone with his executioners,
panic seized him. He sprang from the
gallows on to the crowd that was packed
thickly around it below him. So thick
hai S7a NS al new ve Be
The Scott Street Gate through which
two of the principals in the Boying-
ton case entered the cemetery. It
was erected more than a century ago
—in the year 1819
were the people and so sudden the move
that for a moment every one stood still
as if petrified. Soon the officers were in
action. Then began a foot race of death.
Because of his nine months in jail with-
out exercise and the long walk’ to the
place of execution, he had become weak.
After breaking through the crowd, he could
not run very fast, yet it took several offi-
i some minutes to catch and subdue
im.
by fmreny he was finally lifted back to the
trap door, the execution was bungled.
Boyington died a most horrible death by
strangulation. It was more than thirty
— later that he was pronounced
ead.
The body was buried in the northwest
corner of the cemetery, the part the city
had set aside for the poor. Later, some
one planted, or there sprang from the
grave a live oak. It has grown until it
is a magnificent tree, today. (See photo-
graph of this tree taken by the author,
appearing on page 42),
wenty-six years ago, that part of the
cemetery was converted into a childrens’
playground. No doubt, if Boyington
could now know and feel the emotions of
life and could listen to the happy laughter
of children that every day run in la
around the roots of the three under whic
he lies, there would be no heartache, nor
would he feel like repeating the words of
his last letter to his friend.
“Tis hard, ’tis hard... if you would
feel or say something sad, think or speak
of—Boyrnaton.”
SIXTY YEARS LATER
N September, 1894, the Honorable J. C.
Richardson in a speech of summing up
before a_jury in Judge John R. Tyson’s
court in Hayneville, Alabama and in illus-
trating how strong circumstantial evidence
may be mistaken, used this Boyington case
oft illustration, relative to which he
said:
“A number of years after the execu-
tion of Charles Boyington, Florence White
sent for Mobile’s chief of police. When
he reached her, he found her very weak
and almost in a dying condition. She
had wasted away until she was.a mere
shadow of what she had once been. Her
conscience, she said, had almost driven
her crazy.
“With extreme effort, she reached under
her pillow and took out a large gold watch
and chain. On the chain was a fob and
a diamond ring. She handed them ‘to the
chief who listened in awe to one of the
most sordid stories that had ever been
told in Alabama, She explained how ‘her
man’ had secretly followed Frost and
Boyington with a hope of robbing them. |
When he overheard them arrange to go
to the cemetery where they could be
alone, he had hurried to her and because
he knew that Frost liked her and was
very drunk, he persuaded her to go with
him to the cemetery. They sneaked along
the outside of the cemetery fence, watched
their chance when the keeper was not
looking and slipped in. They were quite
positive that Boyington would leave Frost
at the cemetery and it would be a big
opportunity for them to take his money.
They were successfil in gaining entrance
without being seen and hid among the
evergreens near where the two friends sat
and discussed her.
“As soon as Boyington had gone, they
came out of hiding. It both surprised
and penne the somewhat intoxicated
rost.
“Her intention, she explained, was to
tob him while he slept. He refused to lie
down and with drunken perversity re-
fused to sit down. With much enthusiasm
he showed her the fine bowie knife Boy-
ington had given him.
“Then because of some reckless demon
in her, as well as the money she wanted,
as her man who had moved around behind
Frost hit him on the head with a club,
she et the knife and plunged it
into his heart time after time, and Frost
paid with his life for those hectic hours
of debauchery and unwholesome living.
They dragged his budy over the wall and
hid it in the bushes.
“She told the chief of police that ‘her
man’ took the money, went on a spree and
died with delirium tremens.
“It was not long after this that she
died. The chief of police on leaving the
interview with her, made a solemn oath
never again to recommend conviction of
® person purely on circumstantial evi-
dence.
“The entire State of Alabama, as well
as the rest of the country, was so shocked
by the terrible tragedy Florence White’s
confession revealed that it brought a
change in the criminal jurisprudence not
only of Alabama, but also many other
states. After that it was almost impos-
sible to get a ¢
evidence alone.
When Boyin:
of court reporti
not come into
only grounds f
Court had to |
In any crimina!
because of the
evidence is pri
fense counsel f.
inadequacy of
including the t:
by the Supren
tices had been
Boyington’s tria
case was appeal
mind than any .
would no doubt
of that circums
watch, and Bo:
freed. No Sup
wind up his opi
The
from the army
York job on ac
failure of a dist
Sevres. He was
embezzlement o
of the agency.
At first glane
trusted the adve
thing about his !
thick sensual lip-
was heavily built
His hair was griz
tache. But like
he carried a sp
and in his glib ar
cast a veil over |
calculating, vicior
ND it was t:
that Fate, th:
other. It was a:
’ drawn. inevitably
The door open
sorbed Eyraud r
contemplation o:
Hastily, he slipp
and stared at th:
In that moment
some strange w:
tion was establis!
felt she had met
“You are the a
velvety voice.
“Yes, what can
_ “IT saw your a
job—to manage -
opened in Rue de
“Oh, very well.
He stared at he
measuring her frc
“Put up your \
Now what is you
references?”
“My name is
haven’t any referc
left my parents.
before.”
“Well, have you
francs required as
She smiled rogu
“Oh dear, no.
own. As for my
they’d like me to
Eyraud smiled.
“T don’t know at
but you are so nic
thing to do. Wha
tonight? - What d
Gabrielle cast h
12. The Tree: Being the Strange Case of Charles R. S. Boyington
for the purpose in event it was discovered on him if he was caught
and arrested. If low enough, they thought, to easily fall out of the
bottom of his pants leg to the ground, he could conveniently kick it
overboard. But as no one saw the watch, or could positively swear that
a watch was kicked overboard, and as no fragments of glass, such as
the breaking of the watch glass must have left, were found, this cir-
cumstance did not weigh much. Boyington, however, was a smart fel-
low and keen, and he avoided talking a great deal or answering ques-
tions as little as possible. The Rev. William T. Hamilton seemed to
think in his notes that little weight should not have been attached to
the conversation between the prisoner and the officer who arrested him
on his way back to Mobile. Whether evidence resting on expressions
elicited from a prisoner under the hope of escape, be or be not admis-
sible against him when on trial for life or death, it is not here necessary
to decide. This is certain that even an innocent man might under cir-
cumstances such as Boyington describes his to have been, so far yield
to his fears in the view of the uncertainty of a trial as to catch eagerly
at any prospect of escape from present peril and shame, hoping that
time might bring the truth to light. The points in evidence that weighed
most heavily against the prisoner were his neglect of an honest occu-
pation, his irregular habits, his having been the last person seen with
the deceased, walking on the very road® leading to the place where the
body of Frost was found; his sudden and secret departure from the
city that same evening, and his possession of a sum of money for which
he never even made a serious attempt to account for satisfactorily.
Such were some of the facts, however, as given in evidence, that
they satisfied the jury of his guilt. The entire community with very
few exceptions fully assented to the propriety of the verdict and the
justice of the sentence. On some points of law involved in the manage-
ment of the trial, the prisoner’s counsel moved an appeal to the
Supreme Court. The decision of that high court setting aside the ap-
peal, pronouncing the trial legal and confirming the sentence already
pronounced was received in Mobile about a week before the time ap-
pointed for the execution, and until that time it is almost certain the
prisoner never allowed himself even to doubt of his final acquittal and
discharge.
Seriously interested Mobile persons had occasionally visited the
prisoner before, and even Rose de Fleur, the girl he admired and loved,
torn to deepest sympathy over his plight, came to see him, yet she
believed him innocent. The visits of the former and latter were more
6In those early times in Mobile, and even up to the present time, some of the
streets are referred to as “roads” and “lanes.”
The Trial of Charles R. S. Boyington 13
frequent from this time under the hope that now at least he would
reflect seriously on his condition. Boyington was an avowed infidel
and though an artist and a scholar, a musician and a poet, he denied
the very existence of a God. We wonder when we read some of the
verses he left posterity, for he mentions God which makes one marvel
if he really in his heart doubted that a God was above him, who
prompted him to write such beautiful verse. Even his letters extant
have a soul in their lines. However, he sent for a minister, although
the Rev. William T. Hamilton of the First Presbyterian Church a
located on the northwest corner of Government and St. Emanuel Streets:
was a regular visitor since his arrival in Mobile that same year to the
prisoners at the City Jail, and he it was who responded and attended
Boyington constantly and finally accompanied him to the scaffold
The Rev. William T. Hamilton responded promptly to Boyington’s
request, and was received very courteously by him. He listened to him
with apparent respect and interest, requesting him on his rising to de-
part to renew his visit soon and often. The Rev. Hamilton told older
Mobilians’ his first motive on visiting a prisoner accused of murder was
to try to make him tell the truth regarding the murder, but Rovington
always and up to the last as we shall see protested his innocence. At
Boyington’s request the Rev. Hamilton in company with another waited
on him in his cell and heard him read from the manuscript he had pre-
pared, a vindication of himself from the crime of which he stood aa
a This was the document, as we shall see, a part of which he read
rom the scaffold under the gallows, and which was after his death
paige in Mobile. Both the clergyman and his accompanist advised
im not to attempt the reading of this document prior to his execution,
sew ; ; : ees
= hear eae possibly effect his destiny, or influence the public mind
om Geary’s notes; also conversations with the late venerable J. Ogden Belknap
and with the late Mrs. Sarah DeBois, the Mobile centenarian.
8 The Rev. William T. Hamilton notes.
10 The Tree: Being the Strange Case of Charles R. S. Boyington
been protracted thus far in order that the opinion of the Supreme Court
may be taken on a point of law suggested by the prisoner's counsel.
The address of Judge Chapman previous to passing sentence upon
the unhappy young prisoner is said to have been characterized with
great solemnity and feeling. For the first time it was believed by the
penal officials around the jail and court house, in the presence of his
fellow men during his long imprisonment and his lingering trial in
Mobile, Boyington wept.? On several occasions he had seemed to be
wrestling with his feelings to avoid the appearance of sorrow and
heaviness. He seemed while the judge was counseling him in the most
pathetic manner, resolved to brave it out manfully to the last, and he
succeeded in a great measure in curbing his emotions until the name
of his mother in Litchfield, Conn., was mentioned: On that instant
his bravery forsook him, and he surrendered himself a captive to the
endearing yet melancholy association which a recurrence to his parental
relatives awakened. His sweetheart, Rose de Fleur,—‘“Rosa, my dear,”
as he always endearingly called her,—the lovely daughter of Count
de Fleur, was there. She was allowed to sit with a friend and her
chaperon, who accompanied her, near him on the same long bench.
The scene was one of great solemnity to the spectators; and the older
Mobilians, who had attended the trial, have told the writer there was
scarcely a dry eye within the whole assembly in the court room.
Consequently Boyington was remanded to jail, and there to remain-
‘n his cell and irons‘ till the day set for his execution on the 20th day
of the following February. Then fell to the then sheriff of Mobile
County, T. L. Toulmin, to enter in the Book of Final Records (volume
covering the 1833 to 1836 periods on page 229, which will be found
intact today in the sheriff records in the Court House of Mobile County),
the following indictment:
The State of Alabama
Vs. Indictment for Murder
Charles Boyington
This day the Prisoner being brought into Court by order of
the presiding judge, B. B. Breedin, solicitor of the First Judicial
Court of the State of Alabama, waves the Court for Judgment
and sentence against him and it appearing that at a day of the
present term of this Court the said Charles Boyington was found
3 Daniel Geary’s notes; conversations with Mrs. Sarah DeBois, the Mobile centenarian;
also the venerable J. Ogden Belknap of Mobile.
alt was the custom in the jails of Mobile up to the Civil War period and shortly
afterwards to fetter the feet with a short chain to the wall of the prisoner incarcerated
for murder or a serious crime.
The Trial of Charles R. S. Boyington 11
guilty-in manner of form on charges in the said indi
upon this it is asked by the Court Pill of the on See mee is =
ton if he hath or knows anything to say for himself oo Hy
court here ought not to proceed judgment and execution ance :
ing him upon the said verdict,—who says nothing beside ori
at first he had said, whereupon all and singular the premises
being seen and understood by the Court here it is contidaeat b
the Court here that the said Charles Boyington be taken hence “4
the common jail of Mobile County from whence he came oe
be he there safely kept until Friday the 12th day of Februar
next, and on that day be taken to some convenient place near ra
said jail between the hours of nine o’clock in the forenoon d
four o’clock in the afternoon of the said twentieth day of Feb
ruary next be hanged by the neck until he be dead, anid the
sheriff of Mobile County is hereby charged with the executi f
thy Judgment and Sentence. .. . eel
Record of Nov. 1834. T. L. Toulmin,? Sheriff.
It was shown at the trial that a Lepi issi
t pine watch was missing f
poy of Frost, as his fellow printers had testified that he epee
ane Domi with pim a si Lepine watch. But Boyington in cutting
atch from the guard left the greater portion of the d sti
saan to the clothes of the murdered man. Witnesses whe dees
€ examination of the prisoner’s person in the cabin of the sine
ames Monroe immediately after his arrest, they observed a sudden
percent in the prisoner, and heard a jingling noise, which induced
eR to eee he ee succeeded in getting the watch from the place
concealment about his person, and kicking i
on, g it overboard. S
ao witnesses gave the supposition that perhaps he had let it Hawn
o his pants leg by a string from his belt previously arranged by him
; ; .
aNete: Lp loge sn had eee of his well known family buried
emetery, two of them being Matth C i
native of England, who died 16th of S$ : Sa ina te A
paki ea seni oO eptember, 1818, aged 42 years. As the Old
y was first opened for burials i i
f ials in 1819, his bod y
aa ee place, perhaps (old) Wakefield, the present des Butt
Harry) ee boca icp County, where the first Toulmin (Judge
nd its vicinity held court. In another t of thi
sai aang is buried the sister of the wife of Judge Theophelus ties sti
distinguished pecans re way sister, Madame Hollinger, who was a noted and
fal i e ot early American Mobile, and who, becau fh -
ae Lompcgaes = her fluent French, the best educated woman of hat inte eine
Apel ie cen ean with the Marquis de Lafayette on his visit to Mobile in
, , ile Madame DeLage played the opening dance. (Consult notes of
Colonel Charles Louis DeL i
aie ag pen aaa oe the Napoleon exiles to receive Lafayette
16 The Tree: Being the Strange Case of Charles R. S. Boyington
“How then did everything you sce around you come into existence?”
asked the minister.
“T suppose things must always have been much as they are,” Boy-
ington answered.
His words were said in a manner as though he had tried to avoid
the minister’s question.
“Can you persuade yourself that the earth and all you see have al-
ways existed?” the Rev. Hamilton asked, not to puzzle the prisoner,
but to convince him. “You know with absolute certainty that that is
not true. Not a plant or a tree, or animal now in existence, had a being
a few centuries ago, and all is changed every few years. Can that which
shows constant change be eternal? The very idea is absurd! Or can
~ you persuade yourself that there has been an eternal succession of men
and animals, and insects, and flowers? If so, then to avoid one eternal
cause you are compelled to admit many.”
Boyington spoke up quickly—
“Why no—I suppose there must have been some reasons some-
where for the existence of things, but what those reasons were | can-
not tell.”
“The reason which gives existence to anything,” explained the Rev.
Hamilton, “is the cause of that thing, in the sense in which you use
the word. How many such reasons were there?”
“I cannot tell,” he answered puzzled.
“Were those reasons themselves always eternal? or were they the
result of other causes before them?”
.Boyington again hesitated before answering.
“I suppose,” he said, after a few moments, “there must have been
some original primary cause for the things that exist.”
The Rev. Hamilton’s patience was almost exhausted. He told older
Mobilians? that convincing a doubter the truth of God and things was
a hard task to do, especially one so young and with a fixed mind as
Boyington.
“Well, sir,” the minister said with overbored patience, but yet with
the same kindness as before, “this concession involves all I ask on this
point, because necessity itself will compel you to admit that one pri-
mary and unoriginated cause is adequate to the production of the ef-
fects we witness. More than one it were irrational to contend for, be-
cause all we see are undoubtedly parts of one plan, which plan must
have been formed by one mind, and executed under His control. To
preserve animal and vegetable life on earth a certain temperature of
2 Daniel Geary’s notes; conversations with the late venerable J. Ogden Belknap, of
Mobile, and other older Mobilians.
The Sermon in the Condemned’s Cell 2 #9
the atmosphere is needed for instance, light and heat, sunshine and
rain are needed. To produce these, the sun’s influence duly regulated
is indispensable. You could not breathe without an atmosphere of air
around you. You could not see nor hear or smell without such an at-
mosphere to transmit light and sound, etc. Observe and think, and you
will see that yourself and every insect that flutters near you are not
independent, but are adopted to the very circumstances in which you
are placed. You are formed to walk on earth, to sustain life by eating
of the products of soil, to see in a medium filled with light. The
earth, the sun and all the heavenly bodies are found on examination, to
be governed by similar laws, and their movements, measureless as in
the distance between them, are all regulated according to one great and
uniform plan. Can this be by chance? If you see a printed page, you
know the letters did not come together in that order by chance: some
intelligent mind matured the plan of thought traced out on the page.
Much less can all the finished workmanship, all the contrivance found
on earth and among the heavenly luminaries, be the result of chance,
or anything other than one great cause.”
“Well, kind friend,” said Boyington, in a voice that showed he was
at least partly convinced, if not wholly, “I think I must admit one
cause for all things.”
The Rev. Hamilton smiled. He was pleased to see his efforts ap-
peared to have some impression on the prisoner.
“True,” he said quietly, “but a cause cannot produce effects be-
yond its own nature. For instance, if intelligence be discovered in the
effect, intelligence must apertain to the cause. If close by the sea you
see a confused heap of logs cast up without order or method, you seck
no further than the waters to float them thither and the winds and bil-
lows to throw up and leave them there. These causes are adequate to
the production of this effect. But if on a spot near the sea, you dis-
cover timber neatly hewn, disposed in regular order, one part fitted
to another, and forming together a house with walls and roof and
floor, windows and doors, would it satisfy you to say the winds and
waves had thrown these timbers so together?”
Boyington again paused, then said slowly:
“No, the contrivance shown in the fitting of the several timbers
together proves the operation of an intelligent agent as the cause.”
“Clearly so,” said the Rev. Hamilton, “and clearly does it follow
that the contrivance discovered in the several objects that meet our view
on earth, and in the firmament, speak not only one great cause, and a
powerful cause, but also an intelligent cause. He who framed your body
is the author of your active, thinking mind, must He not be an in-
telligent being?”
4.
THE SERMON IN THE CONDEMNED’S CELL
' ue Rev. William T. Hamilton leaves for posterity the following
lesson, which in itself is a great sermon and dialogue, and which
is part of the conversations that passed from day to day in the con-
demned’s cell between Boyington and himself. _
“At your request I have come again,” said the minister on his sec-
ond visit to Boyington’s cell. “Will you allow me to speak to you
plainly and unreservedly, and without this my visits can do you no
good and will be only productive of pain to me. ;
“Certainly, sir,’ Boyington answered agreeably, speak to me as
you will.” oo .
“T thank you for the permission,” said the Rev. Hamilton, “and
I will not fail to use it. Allow me to say first, that although I pretend
to no knowledge of the truth in your case, since I did not attend your
trial, and I reproach you with an entirely unprejudiced for or against
ou. Yet, assuredly, either guilty or innocent, you are. Which of the
two? God sees clearly. Him you cannot deceive. You yourself know
the truth, and your own conscience you cannot deceive. You cannot
effectually silence it. And while it is my high privilege to assure you,
that you see your errors, and sincerely deplore your guilt as a sinner
before God, you may obtain mercy and forgiveness for the sake of the
Lord Jesus, who died that even the chief of sinners might be rescued
from perdition. Yet, it is also my imperative duty to forewarn you, that
no man is penitent as God righteously demands he should be, who is
not willing frankly to confess his sins—not only God, but to man, so
far at least as to show to those his sins have injured that he deeply de-
plores them. God Himself has taught us, ‘who so covereth his sins
shall not prosper; but he that confesseth and forsaketh them, shall have
mercy.’ If you are guilty of the crime charged against you, dismiss from
your mind all hope of expectation of mercy in heaven or on earth,
unless you frankly confess your guilt. I do not wish to thrust myself
into your confidence; but I solemnly forewarn you that forgiveness
from God is impossible without repentance so deep, that confession
shall be felt as a relief. If you have confidence in any one person, sum-
The Sermon in the Condemned’s Cell 15
mon that person to you and unburden your conscience to him. If you
shall wish to confide anything to me, I solemnly pledge myself to
divulge your communication to no mortal without your permission. But
if guilty confess you must to someone ere you die; or you die unpeni-
tent, unsoftened and unforgiven by heaven.”
“IT am not offended that you speak so freely,” said Boyington. “I
suppose you will not believe me, and I am sorry for it; but I have no
confession to make. I am not guilty of murder: I have had my faults
and I have been thoughtless and wild, but of murder I am not guilty.
As to the rest, I am not a believer in the Christian system. I am not
convinced of the existence of a God.”
The Rev. William T. Hamilton told the older Mobilians and those
of the First Presbyterian Church congregation of Mobile, that the
words of Boyington went through him like a dagger, and that he
really suffered pain from them. In after years he referred to these same
‘words in some of his fine sermons to bring out a point for example
when he touched on those lacking faith in God.' Boyington was un-
usually intelligent, but had his belief fixed, which made every one
wonder if he had had any early Christian training at all, or was a wan-
derer from right believing and teaching. He was a stranger to Mobile,
and no one knew anything of his early religious training.
“T did not design,” said the shocked minister, gently, “to enter into
any argument with you on these first principles. I would not be rude,
or would I willingly give offense; but I must be permitted to say
plainly that you deceive yourself on this point. Your conscience tells
you that the grand objection you have against the Gospel is that it
condemns you, and you are determined to disbelieve what, if true, must
be so alarming to your fears.”
“Sir, I am sincere in the sentiments I express,” said Boyington, un-
moved by the minister’s words.
“How came you to adopt these sentiments, Mr. Boyington?”
Boyington reflected, and after a moment answered:
“Not from others, not from books, but chiefly from my own re-
flections.”
“You say you are not satisfied of the existence of God,” said Rev.
Hamilton; “and you state to me the train of argument by which your
mind was led to its present conclusions.”
“I don’t know that I can,” replied Boyington. “I have not seen
proof of it that seemed to me conclusive.”
t Daniel Geary’s notes; also conversations with the late J. Ogden Belknap and other
older Mobilians.
26 The Tree: Being the Strange Case of Charles R. S. Boyington
The Rev. Hamilton at his friend’s words clucked his lips in sur-
rise.
: “Boyington looked shamelessly at me,” said the gentleman, “and
then said as though he had just used an epithet:
“What, sir, I do not understand you?’
“Why is it, that when I come to see you,’ I said to him,” said the
gentleman, “‘you should call on that God whose existence you deny,
to damn my soul and the soul of the minister, who kindly visits you
though you deny there is a soul?’ I also asked him, ‘What has he—
what have I done to deserve this?’
“J did not, sir, surely did I?’ said Boyington, in a denying voice.
‘Tf I did, I ask your pardon.’
“Don’t deny it, said I to him sternly. “You know you did, sir! It
is, indeed, painful to me to hear you so profane at a time so awful,
when but a few hours can elapse before you will stand at the bar of
God! Boyington! Boyington! I fear you are hardened beyond recovery!
Hear this, my last advice, and apply for pardon to the God of mercy!
Farewell!’ and so I left him.”
On hearing the statement of his friend Mr. Br. Tardy the prospects
seemed so utterly hopeless, and the Rev. Hamilton was about to turn
back, but recollecting his promise given to the prisoner, he went on
down St. Emanuel Street and came to the jail at the corner of Theatre
Street. When he went into the yard through the heavy gates on the
St. Emanuel Street side and crossing to the back cells of the jail, he
found Boyington sitting up and waiting for him. It was not possible
for his spiritual adviser to avoid a repulsive feeling under such circum-
stances that had just a few minutes before been related to him by his
friend Mr. Br. Tardy. However, when the Rev. Hamilton was admitted
by the night jailer to Boyington’s cell, he said:
“Mr. Boyington, if I intrude—if you wish to be alone to take re-
pose, which doubtless you do, indeed, say so frankly, and I will depart.”
“Oh, no, sir, do not go,” entreated Boyington. “I have been waiting
for you, and I am glad to see you. Here are a few lines I have written
this evening to you.”
Boyington handed the Rev. Hamilton four sheets of neatly written
letter paper, which had been uniformly folded without seal to form its
own envelope with the addressee’s name on the back. This letter was
highly treasured by the minister and for many years it was preserved
by the Hamilton family? because of its historic value as well as the
clearness of the composition, and written by one who was considered
2 Conversations with the late Peter Joseph Hamilton, of Mobile.
Boyington Writes A Letter to the Rev. Hamilton 27
from appearance a mere boy, although he was verging 23 years of age,
Says one authority, yet 21 says another.
The jailer was ordered to bring another lighted candle, so the min-
ister could read the letter—
My Dear, My Respected Friend:
I have raised my pen to address you, yet what shall I, what can I say to you?
You have sat beside me in my lonely cell. 1 have listened to your kind, your generous
counsel. You have been to me as a father; upon your bosom I have rested, and your
kindness has drawn from me tears such as nothing but sympathy like yours could
have called forth. What think you must be the feelings that animate my heart
toward you? Do you, can you, will you believe me the savage I have been repre-
sented? I can hardly write. Oh, that you would, that you could, see the inmost
recesses of my heart. But I will, yes, 1 will be calm.
You have solemnly asked me if I am guilty or innocent. The question itself
implies a doubt; but I do not think it unkind. I have been a gay and wild youth;
I have been thoughtless; 1 have been guilty, but not guilty of murder—not guilty of
the crime with which report has charged me.
I have not been a believer in the doctrines of Christianity, or am 1 now (1 regret
to say it, for I know it will pain you); but from my earliest youth I have held my
word, when solemnity and sincerity pledged as paramount to everything. It may
sound like boasting—I know it will—but intentional falsehood, and when I say
upon my honor by the love I bear to her who bore me, as 1 value your friendship,
and as I hope for the happiness of my friends and vindication of my memory, 1 am,
I am innocent of the murder of Nathaniel Frost. I swear it by the most solemn
oaths that I consider binding.
Were I to te the world I am guilty, who would doubt it? Not one. But when
in the most solemn manner I declare my innocence ‘to every ear, every heart is
sealed. ’Tis hard, ’tis hard; but the day will, it must, come when I am no more in
the land of the living, when my form shall have moulded in the tomb, then sooner
or later, the world will believe that they have wronged me. That thought—oh,
how consoling even now, when ere another day shall have passed, I shall be alike
senseless of shame and approbation!
My dear sir, I must conclude. Even what letters I have written have been done
with difficulty. While I feel more than volumes could express, 1 can only say, 1
thank, I respect, 1 honor you. May every blessing attend you, and when you would
feel and say something sad, think and speak of—
BOYINGTON.
After the Rev. Hamilton finished reading the letter, he said in a
quiet voice:
“Mr. Boyington, I have tried to befriend you. I have been this
evening in company with ten or a dozen gentlemen to the spot where
the murdered body of Frost was found. They all condemn you: the
whole community, almost without exception, are of the same opinion.
I ventured to defend you, and yet I must confess, though, when lis-
tening to your explanation of the mysterious circumstances of this af-
fair, and hearing your repeated and solemn declarations of your inno-
cence, I inclined to believe you, because it seems absolutely possible
that a man can be so hardened as you must be, if guilty, and especially
28 The Tree: Being the Strange Case of Charles R. S. Boyington
at your age, not yet twenty; yet when I hear others, upright, intelligent,
humane men, too, who heard all the evidence adduced against you on
your trial, declare there can be no doubt of guilt, I am staggered. Do
let me entreat, end this painful suspense and tell me the truth, Are
you guilty or are you not? Speak the truth or not at all!”
Boyington hung his head.
“Sir, I thought you believed in me,” he said tearfully; “but I do not
blame you; yet another day I will show I am innocent!”
His last sentence was spoken with solemnity.
“Well, sir, I will think as favorably as I can,” said the minister, “but
if you are guilty—if, after all this solemn protestation, you are deceiv-
ing me at this awful hour, you must be the archest hypocrite, the vilest
villain for hardihood the sun ever shown upon. Boyington! do not be
offended, I have stood this evening by your open grave;* it is dug and
ready for you. I forewarn you, if you are cherishing any hope of par-
don, or reprieve, or escape, you will be disappointed. Die you certainly
will tomorrow.”
“Sir, I know it— I have no hope,” the prisoner said in a hopeless
tone.
The Rev. Hamilton put his hand gently on the bowed head with
the touch of a father.
“Then, sir, cry for mercy to the Great God!” he pleaded in a voice
full of emotion.
Boyington was silent. The minister then rose from his seat, and said:
“Boyington, I have come to you as a minister of Jesus Chirst, de-
sirous to do you good and lead your mind to the only source whence
consolation suited to your present awful circumstances can be obtained.
My message you reject and despise, and in so-doing (even while I thank
you, as I do, for admitting my visits and lending me your attention)
it is my duty to remind you you are rejecting the mercy of heaven and
sealing your eternal doom. My task is done, I have only to say farewell,
and then leave you till we meet at the bar of Judgment!”
Here the prisoner turned away and wept bitterly.
“And will you also leave me?” he asked, after a few moments. “I
had hoped you would have accompanied me to the scaffold and stand
by me to the last.”
“Do you wish me to do so?” the minister asked.
“Wish it?” said the prisoner. “Yes, sir, indeed I do.”
3In the extreme northwest end of the Potter’s Field of the Old Church Street
Cemetery on the Bayou Street side, where a huge live-oak tree is growing today,
and is pointed out as “The Boyington Oak.” This grave—now leveled flat—was
approximately sixty yards from the spot where Nathaniel Frost had been killed and
his body found.
AAP sneer sceneries
Boyington Writes A Letter to the Rev. Hamilton 29
“Then I will do so,” the Rev. Hamilton said; “but it is now almost
midnight,” looking at his watch, “and you need rest. I have to visit a
sick man very near his end immediately after breakfast in the morning,
and that done, I will come here to your cell, walk with you to the last;
and if there be any service I can render you not inconsistent with my
duties as a gentleman, a citizen and Christian minister, you may com-
mand me. But let me now lead your thoughts in prayer to the God of
”
mercy.
The minister then knelt and raised his head to heaven and repeated
a short but pleading prayer—
O God the Father! Thou who created man to die, have mercy
on those bathed in sin. Let them confess their sins to Thee before
death comes, that they may be washed and cleansed as white as
snow. Let their hearts be made pure with the light of Heaven;
let them ask your forgiveness and pardon, O Just and ’Mighty
God! Amen.
Rising, the minister said:
“You promised me you would yourself call on God in prayer, when
alone—have you done so?”
“No, sir, I have not,” answered Boyington candidly. “I cannot
pray.”
“Did you ever pray?” asked the minister as a prompt.
“Yes,” he afiswered, “when a child my mother taught me to re-
peat prayers; but since I have grown big enough to act for myself, I
have never prayed.”
The Rev. Hamilton was shocked and even grieved to learn so
little early Christian teaching was administered the prisoner in child-
hood.
“No wonder you have been left to run so far in sin,” he said with
regret. “But now you give me your promise seriously that you will
pray and not deceive me.”
“T will, sir, indeed I will,” promised the prisoner. “I'll try, at least.”
6.
THE HANGING OF CHARLES R. S. BOYINGTON
QO: THE morning of Friday, February 20, 1835, the interview was
renewed in the cell by the Rev. Hamilton about 10 o’clock, and
the interval from that time till about half past 12 o’clock was spent in
conversations and prayer. The prisoner directed two letters, one to his
mother, the other to his brother, a respectable clergyman at the North.
These were handed unsealed to the jailer, to be given to Sheriff T. L.
Toulmin, who was to forward them by mail. He also placed in the hands
of the Rev. Hamilton a letter he had received only the day before from
a friend of the family, containing his mother’s last message. To his
mother he appeared to be tenderely attached, and of her he could sel-
dom speak without emotion.
“Now, Mr. Boyington,” said the Rev. Hamilton, “the appointed hour
is rapidly approaching, have you any request to make, or any message
to leave?”
“None,” said Boyington, “except that you will stay near me to the
last, and see me buried and write a full account of the last scene to my
poor mother.”
For a moment Boyington was silent, and the tears fell down his
cheeks. Then he reached to a little shelf above his couch and took
therefrom a carefully folded letter, and said:
“See that the person to whom this is addressed gets same, and the
jailer also has promised it will be delivered.”
“I will do all that you ask, sir,” promised the minister. “However,
let me again forewarn you, that if you have any hope of reprieve or
rescue, or pardon, it will prove delusive. Indeed, so strong is the popular
indignation against you from a deep conviction of your being certainly
the perpetrator of this base and cowardly murder, and I solemnly be-
lieve were you reprieved under the gallows you would not leave the
ground alive. Not that any one would design to murder you, but the
popular indignation would probably follow, which must certainly prove
fatal to you.”
“I have no expectation of avoiding my doom,” said Boyington, in a
bitter tone. “I know I must die to-day.”
The Hanging of Charles R. S. Boyington 31
“You must certainly be assured of that,” said the minister; “and
therefore once more I entreat you look at last to God for mercy!”
Prayer was then offered by the Rev. Hamilton immediately after
the under-sheriff entered with the jailer to knock off the prisoner’s
fetters and dress him for execution. He eagerly inquired of the sheriff
if the Governor had arrived in town, but he was told he had not. Boy-
ington was still firmly impressed with the idea that he would escape in
some way his dreadful doom.
About half past one o’clock the solemn procession took its line of
march from the big iron gates of the jail on the St. Emanuel Street
-- side, thence north on St. Emanuel Street into Government Street, thence
straight west on Government Street to Charles? Street, and thence south
to a little beyond Church Street to almost what is known today as
Washington Square. This section of Mobile, according to older Mo-
bilians, was known at the time as the “Buzzards’ Roost,? because near
there a number of butchers killed and dressed their beef, hogs and mut-
ton, and the buzzards gathered there in droves to eat the cast-offs of
the cuttings, etc. They also said just west of this section in the more
densely wooded land the Choctaw Indians camped. However, the Rev.
Hamilton in the notes he leaves us, tells us the place of execution where
the scaffold had been erected was upwards of two miles from the city,
but we must take in consideration that that reverend gentleman had
just arrived in Mobile shortly before the murder happened to take
charge of the First Presbyterian Church, then located at northwest St.
Emanuel and Government Streets, and Mobile of that early day was
not thickly built up only to about Hamilton Street, the rest of the town
westward and northward and southward was still mostly piney woods
and open spaces and pastures with small creeks and brooks and some
farm houses scattered here and there. But notwithstanding the Rev.
Hamilton stating the distance being “upwards of two miles from the
city,” Mrs. Sarah DeBois, the centenarian of Mobile and the first matron
of the City Hospital of Mobile, clears matters in regards the place of
execution, for she stated she witnessed the execution of Boyington, and
‘The Rev. William T. Hamilton in his notes does not state whether Boyington had
Previously asked the Governor of Alabama for a stay of execution or not, but
according to Daniel Geary, Mrs. Sarah DeBois, the centenarian, the venerable J.
Ogden Belknap, of Mobile, and other older Mobilians contacted by the writer, they
all said that he had, and had even invited the Governor down to the hanging of
himself. They also said that the Governor had been told by others that Boyington
was a mere boy, and too young to die.
2 Charles Street was named for Colonel Charles Louis DeLage, the first official City
Engineer of Mobile, and whose official map at one time hung in the Court House.
$ Conversations with Mrs. Sarah DeBois, the centenarian, the venerable J. Ogden
Belknap, and the notes left by Daniel Geary, of Mobile.
32 = The Tree: Being the Strange Case of Charles R. S. Boyington
that the place selected by the sheriff and his officers for the erection
of the scaffold was at the point stated above, just a short distance west
from her home on Palmetto Street near Broad Street. Many old slaves
still living when the writer. was a boy were also questioned as to the
location of the execution, especially Letitia Custis Ford,* and they all
reiterated the statement of the venerable Mrs. DeBois, as well as that
of the many other older Mobilians.* This locality was selected, says the
Rey. Hamilton in his notes, so that in going to the place of execution the
spot where the murder had been committed would have to be passed, as
every one had hoped that Boyington would give in and admit he killed
Nathaniel Frost. But on passing by the graveyard, and near by the spot
of the murder, an observant eye was watching his countenance, but not
a muscle moved, not a feature altered, the records show.
When the march for the place of execution left the city prison the
coffin was placed in a cart® drawn by one horse with the criminal
dressed in his burial clothes, stock and black tie, and seated on the cof-
fin as a regular routine demanded; but in this case, owing to the youth
of Boyington and regard for his beautiful fiancee, Rose de Fleur,” an
exception was made and he was allowed to walk behind the cart with
his spiritual adviser, the Rev. Hamilton and Mr. Edward Olcott, Esq.,
one of the gentlemen who had acted as his counsel at the trial. Boying-
ton was clad in a black suit of ordinary clothes such as was used as
a shroud and sold by the undertakers of that early day in Mobile, and
wore a high silk hat used by the fashionable of the times and on such
occasions by condemneds. Among those who stood along the edge of
the sidewalk on Government Street were many who knew Boyington
since his arrival in Mobile, and he was seen to wave his hand at these
4 She was the slave woman of the family of Colonel Charles Louis DeLage. Letitia
had formerly belonged to the family of Mrs. George Washington in Virginia, and
she was black in skin as the Ace of Spades. Colonel DeLage bought Letitia by
proxy at the slave block at N.E. Dauphin and Royal Streets in Mobile. A young
bucksome yellow girl was put on the block, and she acted as a proxy model. When
Letitia arrived in Mobile by slave ship from Virginia, Col. DeLage thought she
would be a big, healthy yellow girl like the mulattress on the slave block; but
Letitia was just the opposite in every way, a little small black girl with one hand a
stub from burns in babyhood. Letitia lived to be 135 years of age, and was often
called on in the Mobile courts in civil cases to testify because of her remarkable
memory about Mobile and her families in early mid-American times. She was
born in Virginia at Fairfax just before the Declaration of Independence was signed.
She remembered George Washington well and had conversed with him.
5 The venerable J. Ogden Belknap of Mobile, who also witnessed the execution of
Boyington also reiterated this statement.
6 Older Mobilians said they were told by some Napoleon exiles to Mobile, that the
scene of the march, the cart and the coffin reminded them of the execution of
Marie Antoinnette and other French royal prisoners.
7 Daniel Geary’s notes; also conversation with older Mobilians.
The Hanging of Charles R. S. Boyington 33
acquaintances occasionally during the march. The officers to guard
against any act that painful anxieties which the people were enduring
might have instantly created, called out the local militia, which con-
sisted of the Home Guards* (E. March at that time was orderly officer
for that company) and the City Troop? (under Captain Carothers),
each troop with its brass band, to escort the procession and to surround
the scaffold to guard the execution.
On passing by the graveyard and then nearby the spot where the
murder was ‘committed, as stated, Boyington’s features were unmoved.
His strength and energy seemed to have increased, for with a firm and
unfaltering step he walked the whole distance, keeping step and time
to the movement of the music. Arriving at the place of execution, his
color, however, changed at the sight of the scaffold and the gallows;
yet his emotion was but momentary. It was then wanting not quite an
hour of the time limited by sentence for the execution. The prisoner
then called his attorney, Mr. Edward Olcott, Esq., aside, and asked him:
“If I can succeed in delaying the execution till the appointed hour is
passed, will you demand me from the Sheriff?”
His counsel answered him:
“Tt cannot be done, sir, the officers will most assuredly do their duty.”
He was clinging to the hope that escape he would by some means.
To this prospect-he bent all his thoughts, on it he kept his mind fixed,
and he never suffered himself, says the Rev. Hamilton, to look stead-
fastly and fully on the certainty that he must die. “He laid all his
plans—took all his measures—and regulated all his intercourse with
others in anticipation of that hope being realized—determined, so far
as he was concerned, to bring his rescue or escape,” continued the Rev.
Hamilton in his notes.
Boyington’s first step was to kill time. He had a long manuscript’?
prepared for the occasion that he wanted to read, but attempts were
8 The Home Guard were a foot troop.
8 The City Troop were mounted, and referred to by early Mobilians as “the City
Cavalry,” and “the Cavalry Troop.’ This company was commanded by Captain
Carothers, while a Mr. King was the orderly sergeant.
10 To Mrs. Sarah DeBois’ scrapbooks I am indebted to the following few opening
words. She said in her position among the spectators and the din she was only
able to collect the following few opening words: “My dear Friends, an innocent
man will now address you. I tell you with an open heart, that I am innocent of
the crime I am accused of. I will not keep you long, but I must tell you that the
pain I have been suffering is unjust. I am accused, yes, but I am the man being
murdered today. Emotion makes my lips tremble as I address you,” etc. Note: As
this document was published: in pamphlet form following the hanging of Boyington,
some day a copy will come to light. Mrs. DeBois said it was also published in the
local papers as well as copied in other papers.
42 The Tree: Being the Strange Case of Charles R. S. Boyington
over, so after bidding adieu to his daughter and her mother’s people,
the Justin family, where they both were residing at the time in Mobile,
he took the stagecoach for Portersville' in the lower end of Mobile
County, where he took a deep water vessel for France.
However, the beautiful fiancee of Boyington was not forgotten, she
remained in Mobile and married and was living up to following 1871,
when Mrs. Fanny Hearin, the Alabama writer, who lived at different
times in Mobile as well as Montgomery, did her researches on Boying-
ton and had her interviews with older Mobilians for her novels, poems,
writings and sketches, the latter which she called “Recollections of
Mobile.” These pleasing stories of Mrs. Hearin ran serially in the Mobile
newspapers during the 1860’s and the 1870's, but mostly in The Mobile
Register, The Mobile Times, and The Mobile Weekly Register. She
visited all the oldest citizens living up to then, and some of whom had
witnessed the hanging of Boyington. This Alabama writer's knowledge
of Mobile in many instances is a rich storehouse for the student and
historian, her style is pleasing and quaint, her friends in her day were
many, and very often she was referred to as being a Mobile writer, her
visits and stays in Mobile being of long periods. She herself stated to
Mrs. DeBois she took information imparted to her in her interviews
with old citizens as a matter of truth without investigation, some of
which, however, was given factually while some was not, being given
in many versions all different. However, she told her stories and sketches
in her own quaint way and wrote them as she would fiction, using the
data at hand and leaving same for public criticism and correction. Mrs.
DeBois, in turn, said that if Mrs. Hearin had read the little pamphlet
of a few leaves left by the Rev. William T. Hamilton on the case, she
would have made her interviews clearer; however, she preferred to write
exactly in a fiction way what was told her by those she interviewed;
and in a great many of her interviews she makes the interviewer (her-
self) appear as though it were a man doing the interviewing. Older
Mobilians said her versions of Boyington’s case was out of line with the
true facts recorded in the records.
The following is “Number XII” of Mrs. Hearin’s “Recollections of
Mobile,”? which was published locally on Monday, October 9, 1871, and
tIn the early days until the deepening of the channel up Mobile Bay to the river
and its wharves all deep water vessels were loaded from barges in the lower end
of the bay, and Portersville and Pascagoula served as the sailing ports of the City of
Mobile, the stagecoach running daily to these deep water ports.
2The late Doctor Erwin Craighead, Editor Emeritus of The Mobile Register, told
the writer he thought No. XII as well as others of Mrs. Hearin’s “Recollections of
Mobile,” preserved in clipping form by the late Daniel Geary of Mobile, were the
only ones in existence today.
The Three Interviews on Boyington by Mrs. Fanny Hearin 43
which gives some of the interviews she made in regards the Boyington
vs, Frost murder case, one of them being with a friend of Rose de Fleur.
These interviews, in many instances, show the difference of opinions,
for many even in later years believed in Boyington’s innocence, while
others of these old people she interviewed were weak in memory, which
made their statements in many instances a mixture of facts and fiction
and in opposition to the papers of the time the murder took place and
the extraordinary factual notes left by the Rev. William T. Hamilton
and other older Mobilians.
“RECOLLECTIONS OF MOBILE
“Number XII
“By Mrs. Fanny Hearin
“There are circumstances in every case passed over by the law as
having no important bearing upon a question—facts which sink in the
minds of the old—while the upper current sweeps on, bearing its de-
gree of guilty and not guilty to the world. Like a diver, I have gone
down into the depths of Memory’s undercurrent, and brought up these
splinters from the wreck of a human life:
I1—What An Elderly Lady Said.
“When I was young (dear me! it must have been thirty-five years
ago) there lived a young man by the name of Boyington in Mobile.
He went there on business and finally seemed’ to consider the place
his home. He won many friends by his good business qualities, industry,
morality, and a nameless attraction, which, for the want of a better
word, is called fascination. But to me that word conveys an idea of
something superficial and deceptive, not appreciable to his apparent
character, for he was frank and candid in opinion and manners, and
his education, accomplishments and ability, were by no means super-
ficial. His talents were of an order to make him an agreeable and use-
ful member of society. Although he was very young in appearance, he
was free from that weakness which makes young men danglers in
society, disagreeable to both sexes. Popularity did not spoil him; he was
respected as an accomplished and useful young gentleman. During the
summer of the year (I cannot remember the dates), when business was
dull, Mr. Boyington and several young men made an engagement to
escort some young ladies on a blackberrying expedition. After collecting
at a certain place, one of the gentlemen, Mr. Frost, excused himself,
pleading, I think, a prior engagement, which he had forgotten and
withdrew himself from the party.
“The others present proceeded, however, to leave the city in search
of amusement. Mr. Boyington contributed, as usual, from the variety
a eee
46 The Tree: Being the Strange Case of Charles R.S. Boyington
“ “Barbara, my dear, can you remember anything about young Boy-
ington, who was found guilty of murder in—let me see—1835?’
“The gentle old lady’s cheek flushed among her cap ribbons, as she
replied with something of the French in accent and gesture: ‘Pardon
me, young man, I cannot tell you anything of the unknown person who
murdered Mr.—, but I might tell you something about the poor dear,
young innocent creature who suffered in his place.’
“*You do not believe he was guilty then, Madame?’ I ventured to
suggest, inquiringly.
“ “Guilty? Oh, no, indeed, sir; not at all.’
“But, my dear, do not be rash,’ interposed the white-haired old
gentleman, ‘you know that an intelligent jury—’
“*Young man,’ interrupted the wife, ‘your attention, if you please;
pardon my husband! That terrible, horrible crochet of circumstantial
evidence got into his brain when he studied in the office of Brief and
Blunder, and it buzzes like a bee in his dear, old head.’
“The husband shrugged his shoulders and smiled at his bright old
lady.
“ ‘But an intelligent jury—’ ventured he again, topping his silver
snuff-box, and separated every syllable. .
“Tf an intelligent jury takes snuff, my poor, law-abiding husband
is sure to sneeze, but for my part I have a head of my own, and what
I know, I know,’ said she, nodding the cap ribbons again.
“ “Very well, Barbara, my dear, let the young man know what you
do know.’
“I know very well,’ said she, in her brisk way which contrasted
so strikingly with his slow, emphatic words, ‘that such a dear, inno-
cent creature as he could never have been guilty of such a crime.’ Here
she lifted a finger of a hand many a young woman might envy, and
emphasized every objective in the sentences, concluding wih a most
forcible ‘never’! I thought it would have silenced the old gentleman,
who was standing up with his hands crossed under his swallow-tailed
coat, but he bowed respectfully and asked, ‘Why?’
“The quick bright eyes flashed on him, her lips quivered with nerv-
ous impatience as she exclaimed with the determination and faithful-
ness of a woman, ‘Because!’
“ ‘Admitted,’ said the old man, and he sat down near her with a
gravity of countenance I found almost too much for human endurance.
They are characters worthy of examination themselves, but I wanted to
pick up all I could hear of Boyington’s inner life.
“What ‘Barbara, My Dear, Said.
“With a triumphant air she continued: ‘He was an elegant young
The Three Interviews on Boyington by Mrs. Fanny Hearin 47
man, very young and handsome, very much admired. He went with me
that day, that day, which was the last happy day of his life. He lingered
at my father’s veranda. My fingers were stained with blackberries and
a thorn was in the palm of my hand, which I complained of. “I am
thinking of studying medicine,” said he, “let me relieve you, and at
the same time perform my first surgical operation.” He opened a small
penknife, held my hand steadily, and extracted the thorn. I noticed what
a small, well-shaped hand he had, and remarked also what steady nerves
he had. Do you believe, sir (asked she, looking sharply at me), that he
could have committed that terrible crime on that day and plucked a
“thorn from a young woman’s hand without trembling?’
“IT immediately replied ‘No,’ but said, ‘It would seem not.’
“She continued:
“*Then he picked up a spray of blackberry flowers, cut the briers
off, and said it would look pretty in my hair. I was young then—’
“ “And handsome!’ said the old gentleman with a bow.
“Pardon my dear husband,’ said she smiling, ‘pardon his admira-
tion—I was young then, as I said, so I twined it into my braids, and
said, “Let me give you some flowers.” I threw my parasol and bonnet
on the floor and we walked into the garden. I gathered a bunch of
flowers, a nosegay we called them then, and gave it to him at the gate.
A rosebud dropped from it, and he picked it up saying, it was worth
them all. I asked him why, and he answered “from association.” You
see, sir, he loved flowers and music, and he could not have been very
bad, and so young, but they hung him—oh terrible! terrible! I sent
roses to him in prison, carried roses to his grave, and hold them sacred
to his memory now.’
““Well, but Barbara, my dear,’ said the old gentleman, hammering
every syllable with his forefinger into the palm of his left hand, ‘the
circumstances were—’ ;
“But ‘Barbara, my dear,’ had her fine cambric handkerchief pressed
to her eyes, so he took a pinch of snuff, shrugged his shoulders and
said no more. ;
“What Boyington’s Friend Said.
““‘Guilty or not guilty? It is too late to discuss that question now. I
am still his friend. I. never asked him anything about it, but I knew
that he would tell me if it were so.’
“*You liked him then?’ asked I.
“ “Liked? I told you I was his friend; he asked me to stand by
him to the last, and I did. He would have done the same for me.
““Did he expect relations and friends from a distance?’
“*Yes, I wrote many letters for him, but no answers came.’
44 The Tree: Being the Strange Case of Charles R. S. Boyington
of his accomplishments and his unselfish disposition, to the vivacity
and engagement of all present. The day was a pleasant one to all, youth,
beauty, strength, manliness and womanliness basked in the light and
shade, and the sounds of laughter, cheerful voices, and echoing music
floated on the fresh sea breeze. Dullness only settled on the woodland
circle once, when Mr. Boyington was absent for a short time.
“After undergoing playful penalties for desertion from fair hands
and frowns from gentle faces, the blackberrying went gleefully on. The
paths they had trod that day are obliterated by Time’s improvements,
and the ringlets that danced on the evening breeze are silvered like
my temples now! Houses have been built, trees have been felled, grounds
have been adorned, tracks? have been laid, graves have been dug since
then, and I am here. You want to know about that case ‘State vs. Boy-
ington’—it is not much that I can remember, but I will go on: Upon
their arrival in town they parted company, the young men bidding
the girls adieu at their homes.
“The gentleman who had made the engagement with Mr. Frost,
who left the party to meet him, went to the spot designated at the hour
appointed. After waiting there he proceeded to his place of business;
not finding him, he went from whence to his rooms or house—I for-
got whether he resided there or not. As the transaction was important,
the gentleman continued his search until a vague uneasiness arose in
the minds of Mr. Frost’s friends. Even if he was safe, it was a matter
of importance; a large amount of money was involved, I believe, and
it was thought proper to institute a search. The uneasiness increased,
and as he was a man of well known integrity, the idea of his abscond-
ing with the money scouted. A hope arose in the minds of some that
he had been called away in some sudden emergencies, while others
whispered of robbery and murder. The search went on. Mr. Frost’s
circle of friends was shocked and plunged into sorrow, for he was a
good man with many to love and mourn at his cruel fate. It was a
day of distressing interest. Suspicion rested upon no one at first; the
man with whom he did business had been the first to search for the
unfortunate man. At last I know not the circumstances led to the ar-
rest of Mr. Boyington to the astonishment of all parties. The indigna-
tion of his friends was great, and they hastened to prove his absence
from the city on that day; but alas! how unfortunate for him! that half
an hour he was missing was too well remembered. No one knew of
any feeling between them; and although Boyington’s moral character,
youth, refinement, and liberality, intensified the sympathy in his behalf,
s The Mobile & Ohio Railroad tracks were first laid into Mobile during the early
1850's. The first street cars in the city proper during the Civil War period.
The Three Intefviews on Boyington' by Mrs. Fanny Hearin 45
circumstances were against him. I know nothing about legal evidence,
but the evidences of sympathy for the prisoner were freely and fear-
lessly shown. There are men and women now living who believe him
innocent, and when I lived in Mobile many a beautiful garland was
woven for the mound where Boyington was buried. Days, months and
years have flown, but I have not forgotten how my young heart fluc-
tuated with sympathy between those poor ones who loved that mur-
dered man found under the docks‘ and those whose hearts might
break when they heard of that handsome young form swinging between
earth and sky—for he was hanged.
““Ah, my young friend,’ said the old lady, looking at me through
the mists that dimmed her glasses, ‘I do not believe there has ever been
a being so unfortunate on earth as to have lived and died without some-
one to love and mourn him!’ ”
“T1—What An Old Gentleman Said.
“ “Hey? Barryington, Barryington? I’m slightly deaf now. Did you
say Barryington?’
““Boyington.’ He spoke in a slow, measured style.
““Oh, yes, yes. State versus Boyington. Look in “Minor’s Reports,”
young man.’s
“T have; I cannot find it.’
“Tt is in “Porter’s Reports,” then, perhaps.’
“‘No. I found there “Boyington versus State,” involving merely
legal questions. I want to know something about the man.’
““He was a fine young fellow, sir. I saw him on the way to the
gallows; he wanted water, and they gave it to him; he wanted music,
and they gave him that, too.’
““Oh, yes, my wife can never speak of him without much feeling.
You know how women are; they allow their heads to be carried away
by their hearts, which’ added the old-fashioned gentleman, with his
measured accents and twinkling eye, ‘is an excellent thing in woman—
for us—you know. Barbara! my dear Barbara!’ called he, opening the
parlor door, through which Barbara came. I was introduced to her, and
the conversation was resumed by the old gentleman dashing back at
the subject by saying:
4Note: This old lady interviewed by Mrs. Hearin here got the location where
Frost’s body was found mixed up, which shows she remembered nothing published
in the newspapers of May 1835 and following. Upwards of 36 years had gone by
when Mrs. Hearin made her interview.
8 Note: This interview was written by Mrs. Hearin from the interview or conversa-
tion a young man of Mobile had with the old couple here mentioned.
48. The Tree: Being the Strange Case of Charles R.S. Boyington
“What was his personal appearance?’
“Fine looking, but delicately formed—he was young and light-
hearted. His eyes were as clear and soft as a girl’s.’
“Were you present at the hanging?’
“Yes, not from curiosity, but because I was to stand by him to the
last. He looked for one whom: he called Rosa (and Rosey sometimes),
one who he knew would come. On the last day when I entered his
cell he was very pale, but his eyes brightened as he asked if she had
come. I shook my head and he dropped his head on his arms. He rested
on the table—so—with his small hands locked together. A lady sent
him some flowers: out of the bouquet he took a dewy, half-blown rose
and pinned it under his coat on his vest. He smiled and said, “In
i of my Rosey.” I turned away—but what do you want with all
this?’
“‘T have heard it was a case of great interest on both sides, that it
was an awful murder, and,’ explained I, ‘I like to study human nature,’
so she continued:
“‘FTe gave a note for Rosa, the girl he loved, and when I asked how
I should find her, he replied that I would see her, she would come. On
the way from the jail (the old jail® stoon in another part? of the city
from where it now stands)* the immense crowd halted while he drank
a glass of water for which he asked, an intense stillness and solemnity
reigned, therefore I perceived the more readily a childish, slender figure
threading her way untouched (apparently) through the crowd. I caught
glimpses of her, first one place, then another, moving swiftly, though I
did not think of her until I felt two hands clench my arm with wonder-
ful power. I expected to face a man, but it was that childish figure
who lifted up an old face to mine—an old face that looked as if it
might have been young that morning. Delicate, lovely, but haggard,
determined and desperate. Her lips were parted and purple, her frame
shook until her cheeks chattered, and by those deep, love-eager eyes, I
6 On the north side of Theatre street 2nd west of Royal street running westward to
St. Emanuel street. From Royal street it was directly back of the first official
theatre (N.W. Theatre and Royal streets) in Mobile built solely by Noah Miller
Ludlow and opened in 1824. This entire site was formerly the southwest bastion
of old Fort Charlotte of colonial times.
7 The next jail of American times in Mobile was a small brick jail erected during
the summer of 1835 on Locust and Congress streets (see DeLage’s official Map of
Mobile, 1835-36), following the hanging of Boyington. This small jail lasted until
1852, the year of the great storm from the Gulf, when a new and Spanish style
jail was erected back of the Mobile City Hospital on Congress street, between Broad
and Jefferson streets, which in turn lasted until 1907, when the present jail ajoining
the back of the Mobile County Court House was finished and opened for occupancy,
the site being formerly where the noted City Hotel and the Waganer residence stood.
sIt must be remembered these interviews were written by Mrs. Hearin in 1871.
The Three Interviews on Boyington by Mrs. Fanny Hearin 49
knew it was Rose. Have you noticed how thousands of thoughts will
rush upon you at such a moment? I remember of thinking of the ideal
Rosa, formed from the name partly and from that association of roses
with her of which her lover had spoken. I had thought of the dewy,
richly-colored rose that Boyington had near his heart, and wondered if
it had already shared her fate and faded, clinging to him. But she was
speaking in my ear so distinctly that I feared all men had heard her:
“Keep your eyes on me, and when I raise my hand, rush to the rescue!”
She was gone, and I believe wherever she saw a face with a fitting ex-
pression of sympathy, she uttered those quick, powerful words. Ap-
pearing and disappearing, she went on with the silent, rushing wave
of life to the gallows, thrilling those who saw her, or heard her whis-
pers with the desperation that strengthened her own slender frame. The
low, sweet, music? went on, the living current was frozen into rigid
silence around that awful spot. A sea of pale faces and set eyes looked
up. He looked down: he knew where I would stand, and as his sad
eyes looked farewell into mine, I tried to smile and move my lips to
say “She has come!” '
“ ‘Perhaps he read it in my face; the human face has wondrous power
when the tongue is dumb. I followed his eyes; they swept over the
crowd like shooting stars; and an almost supernatural joy lit up his face;
at the same instant, between me and him, a man threw a slight form
to his shoulders and a small hand was poised like a lily in the air. Poor
little baby-handed woman! thought I, what can you do? The multitude
corded into knots an angry serpent partly inclosed the gallows like a
horseshoe, and toward that space which pointed to freedom, life and
Rosa, the prisoner rushed with outstretched arms. The signal gave its
silent message to every friend, and those who did not see it, or did not
know its meaning, were thrilled by that electric flash of sympathy, they
knew not why. She had held back the arm of law itself for one grand
moment, but her forces were outnumbered! Again like a serpent the
crowd coiled, locked itself together, and left those who were obedient
to the wave of that hand, panting, pale, and their bodies drenched with
the sweat of a hopeless hope, a foiled endeavor. Two vivid spots stained
the poor fellow’s cheeks—I thought of the rose in his bosom—,; they
faded out dead white, and I thought of his Rosa. She was gone; and
doing what I would have had him do for me, I sought for her and left
him. When the music ceased I knew all was over, but I did not pause. I
walked on and on searching for the poor little thing. Then thinking of
© These bands that accompanied the military companies to the gallows, older
Mobilians stated, played soft music at intervals to drown the noise made by the
indignant spectators.
2
4
64 The Tree: Being the Strange Case of Charles R. S. Boyington
case, and the supreme court, when appeal was taken, decided that
he had had a fair trial. Professing himself entirely innocent, he
made a determined fight for his life, down to the last moment,
yet he did not present one valid objection to what was urged
against him. His earnestness in protest of innocence gained him
sympathy, and further, it was argued that nothing in his previous
life indicated the criminal. He had good rearing in Connecticut,
where were living brothers, a sister and his mother. His principal
fault was a disposition to wander. It was as a sailor aboard the
packet Cahaba he arrived in Mobile, and for a time he set type
in the Morning Chronicle office, where Nathaniel Frost, also a
New Englander, was likewise employed. He was five feet nine
inches tall, straight and good looking. He had black hair and
eye brows, and his eyes were gray, which, says the description,
gave his countenance a peculiar look. He had good manners
and was well read. He employed his time in prison composing
verses expressing the thoughts of one in his situation. Some of
his poems were printed in the local newspapers, and have con-
siderable merit. He wrote also a long dissertation upon the fea-
tures of his case, and this he proposed to read at the place of
execution and he did read a portion.....
“Boyington was highly intelligent; so much so that he attracted
the attention and sympathy of Mr. Hamilton, the pastor of the
Presbyterian Church, who became persuaded of his innocense,
not by any evidence that Boyington produced, but by the young
man’s apparent sincerety. The kind of appeal to the minister’s
sensibility may be inferred from what Boyington wrote to him
the night before the execution. ...... 7
As has been seen in another chapter of this case, Boyington began
his letter with the line: “I have raised my pen to address you, yet what
shall I, what can I say to you? ... and he closes the chapter with:
“, .. Oh, that you could see the inmost recess of my heart!”
“With these words,” Doctor Craighead continues in his lit-
erary sketch, “Boyington began the letter which covered several
large pages, all in the same elevated style and showing the same
control over his feelings. Boyington was yet under age. The
letter must be pronounced truly remarkable, from one so young
and so situated as I have said another time concerning this com-
position: Good judgment in limiting his writing strictly to the
matter in hand, firmness and conciseness of expression, elegant
phraseology, and deep but not too deep sensibility, characterize it.
The Literary Genius of Boyington 65
“The minister lost confidence in Boyington’s professions, how-
ever, when the young man refused to the last to profit by his
ministrations and sought, not to become prepared for the other
world, but for ways and means for remaining in this one, when
in all human reason, there were no ways and means available.
The good doctor concluded that the whole conduct of Boying-
ton was what we speak of now as camouflage, and artfully
designed plan to excite sympathy and induce a pardon, at least
a stay of execution.
“As it may have been that, or it may have been the last cry
of an innocent soul, the debate goes on to this day: Was Boy-
ington guilty? The question cannot be satisfactorily answered.”
From one of Mrs. Sarah DeBois’ scrapbooks I copied the following
two lovely poems, which were written in Boyington’s handwriting.
These poems were written on the best hand-made writing paper of the
1830's, and were among his love letters and those of his beautiful Rose
de Fleur. Mrs. DeBois highly prized these poems, which, like the love
letters, were folded in a square to form an envelope. Thes peoms,
perhaps, never saw print. Their polish, smoothness and rythm is not
as polished and evenly written as some of his other poems. They seem
to have been written in a hurry just as the inspiration came to him.
Their cadence, however, and the lesson they teach shows especially in
the first one his admiration for beautiful Rose de Fleur and what a
brave cavalier he would be if any one attempted to take her from him.
These poems were written shortly after their first meeting at the ball
given at The Alabama Hotel.
The second poem was written twice on the same folded sheet of
paper as though one was the revision of the first draft as the first
verse indicated; however, both drafts otherwise being the same. The
second line of the first verse of the first draft is in short meter and
reads:
Oh, care-free creature,
Flitting everywhere;
You should be tucked in
From this chilly air.
TO ROSE
I saw a lovely butterfly
- Light on the bosom of a winter rose;
He kissed the stamens one by one,
Then flew away as in a love-sick pose.
58 The Tree: Being the Strange Case of Charles R.S. Boyington
J. J. Delchamps, when the Boyington-Frost murder case was again
brought to light and discussed in Mobile circles by older heads, as it
had been periodically done for forty-five years up to that time. Profes-
sor J. J. Delchamps wrote the following to the Editor of The Mobile
Register:
“The Boyington-Frost tragedy, the par excellence cause celebre
of Mobile criminal annals, an account of which was published in
The Register some weeks ago, is ever a subject of interest to old
citizens. It is probably known to but very few, now living, nor
was it ever made public or known to many, that there was an
eye witness to the murder of Frost by Boyington. The Saturday
eve of the murder just at dusk, James T. Shelton and myself
were sitting on the steps of his father’s residence and store, N. E.
corner of Dauphin and Bayou streets,* when Patsy, a smart
negress, slave of James’ father, aged 12 or 13 years, came up
driving in cows and said, ‘Massa Jim, when I was looking for
the cows a little while ago, I saw two men, a tall one and a
short one, fighting under the big chinquapin back of the grave-
yard. They were hitting just so, ‘making motions,’ and the tall
man fell down all bloody. I was scared and run away.’ It was in
those days no unusual thing for two men to go back of the grave-
yard and have a private fisticuff, and either I, a lad of 13, nor
James, my senior by a few years, thought much of it. The next
day the body of Frost was found under or very near the chinqua-
pin which stood where the northeast corner of Zion African
Church’ now stands, or a few feet north of that spot. Shelton and
I both knew that a negro’s testimony was worthless, and after
Boyington’s arrest James asked me to say nothing about what
Patsy had told us as it would be of no use, and his father wished
it so. Patsy always asserted even within a few years ago, that the
man she saw hung was the short man she had seen striking at
the tall man, and that she could not be mistaken. No trial ever
excited so great a feeling in Mobile before if since. Many, despite
the overwhelming evidence, would not believe Boyington guilty.®
It was the first deliberate murder apparently for the purpose of
robbing the murdered man, a crime most abhorent to the Southern
mind, indeed I cannot remember a single instance that one of the
6 A distance of two blocks and a half from where the murder happened.
7 He refers to the first Zion Church built of wood and brick in later years to the
Boyington-Frost murder and replaced in 1901 by the present “Big Zion.”
® The interviews forming the No. 12 of Mrs. Fanny Hearin’s “Recollections of
Mobile” in a previous chapter proves this statement.
The Phenomenal and Criminal Complex Sides of Boyington 59
manor born was guilty of it. Boyington, Crist, Larkins,2 and one
or two others, whose names I do not recall, were all foreign to
Mobile soil and feelings.”
]. }, DB:
A strange coincidence pertaining to the above letter of Professor J.
J. Delchamps to The Mobile Register, the very James T. Shelton he
mentions in it became Sheriff of Mobile County in 1859 and again in
1860 and 1861, and dealt with many other later murder cases in Mobile.
Then in 1878, 1879, 1880, we find James A. Shelton as the sheriff of
_ Mobile County, perhaps this latter a son of the former.
In later times regardless of being a slave the testimony of the colored
girl Patsy would have been introduced as main evidence. As we have
seen the evidence produced at Boyington’s trial was strong, yet some
of it was mostly of circumstantial nature. The mere fact that Frost
was in a delicate stage of consumption and coughing in hacking spells,
his face pale with hectic flushes, and Boyington apparently his friend
was constantly seen with him almost every where he went was strong
evidence. Even if Patsy, the colored girl, was not allowed to testify by
her owner, and the thought entertained by Boyington that the tall grave-
yard wall and the woods around the spot where he murdered Frost was
too dense and silent for an eye witness to see the crime, or an ear to
hear the murderous blows and lashes, or the deep death-groans of his
helpless victim in his desperate struggle, there was nevertheless an Eye
that never slumbers or sleeps. That Eye marked the scene, and noted
the deed, and its owner has said, “Be sure your sin will find you out!”
Had Boyington been a Christian in belief his conscience would have
known this.
After his apprehension, Boyington was heard to say, “Several mur-
ders’? had been committed during his short stay in Mobile, but no
man had been convicted.” He, therefore, surely calculated with confi-
dence on an acquittal. His confidence was so stern it amounted even to
infatuation. He neglected to retain counsel for his defense till almost
the very day when his trial was to commence, and then it was next
to impossible to secure evidence to rebut the charges, were evidence
of the kind in existence. After his conviction and condemnation, yes,
up to the very moment before his death, he appears to have been rely-
ing on the sudden intervention of executive clemency, or for popular
sympathy for his deliverance. But all hopes of this nature failed him.
The dreaded sentence, in defiance of his calculations and his hopes, fell
2 The three most noted murderers in Mobile prior to the Civil War.
© Boyington was referring here to during the beginning of the 1830’s a number of
murders had been committed in Mobile along the river front.
60 The Tree: Being the Strange Case of Charles R.S. Boyington
with all its unmittigated weight upon his wretched head. This cold-
blooded murder should be an example for the modern youth and lover
of pleasure tampering with guilt. This case, too, shows that confidence
in itself is no proof that a man is really possessed of superior firmness.
On page 26 of his published defence! Boyington says, that resenting
what he deemed the savage feeling entertained in the community against
him, he had formed the resolution, “that no tear should bedim his eye,
nor tremor shake his frame, in the presence of those who had dealt thus
basely by him. If,” he continues, “nature has formed me with features
so composed and feelings so deep, as to resist the force of excitement
and look undaunted upon the threats of malice; and rather than regret
it, I consider myself highly favored.”
He miscalculated deplorably the strength of his own fortitude, the
extent of his self-command, and “while danger,” says the Rev. Hamilton
in his notes, “might be regarded as still distant, while he only heard
from others of his approaching doom, and of the sober preparations
actually going on for its infliction, he maintained the appearance of
calmness; but he was self-deceived busying up his spirits by hopes that
he would not relinquish, but when his own eye beheld the apparatus
of death, his cheek blanched and his heart quailed; When he found
that all his artifice could not evade the blows that all his assumed con-
fidence imposed on no one, that it availed him naught, that die he
must! and then his fortitude utterly forsook him,—his resolution failed
—the air of lofty defiance passed from his countenance and gave way
to the most pitiable look of cowardly terror; his face became ghastly
pale, his knees bent and trembled beneath him, his eyes rolled in wild
irrepressible despair—and absolutely beside himself with a terror which
he could no longer disguise—he struggled, fruitlessly struggled to the
very last moment of consciousness, shrinking back even in the very im-
potence of agony from the death it had been his empty boast he could
not fear! How pitiable the delusion! and what a lesson to those who
dare each other to brave the coming vengeance of heaven! . . . When
at length you see the wrath of God preparing to fall on your unre-
penting head, be assured your composure will be as effectually over-
turned as was the boaster Boyington’s, when beneath the gallows he
made his fruitless spring for life with a cry of heart rending despair’.”
Boyington’s case shows infidelity will not support a man in ex-
tremity. He was over confident while death was in the distance that
he feared it not. The Rev. Hamilton states that Boyington had made
up his mind that the gospel was a lie and death an eternal sleep. “To
enter on that last calm sleep,” Boyington repeatedly declared, “he had
11 The paper he read at his own hanging and was stopped.
The Phenomenal and Criminal Complex: Sides of Boyington 61
no fears, no regrets, other than the natural reluctance we all feel to leave
forever friends that we love and to look for the last time on the pleasant
light of heaven.” “Now,” says the Rev. Hamilton, “contrast these boast-
ing declarations with the tempest of terror that shook his trembling
frame and almost unseated reason itself in his last scene! Had Boying-
ton met his death calmly and with dignified composure, while every
one pitied the man’s delusion and implored his guilty infatuation, they
could not but have yielded a sort of mournful respect to his firmness.
As it was heaven to the mercy of the vast assembly of curious spectators
left him to show the true value of his boasted support. There stood the
_man who thrust himself out to public notice as one of mind too lofty,
of temperament too firm, to be moved by the obligations of morality,
the sanctions of religions, the hopes or fears of futurity!”
Boyington challenged scrutiny as the disciple of infidelity, as we have
seen, the scornful rejector of religion and of God! He learned on his
own native energy, disdaining the consolations of religion, and what
was the result? With the public eye upon him and a knowledge that it
was so, no sooner did he feel the hand of sympathy withdrawn and
his doom really coming on him than he was seen to shrink back—
cowed, nerveless, trembling; his very soul paralyzed within him! Death
is too awful when it actually comes for the hardened infidel to face it
unmoved. Conscience is too faithful, too vigilant. In the last hour, if
not before, conscience will rouse up her terrors to stare the scoffer in
the face—hurl to destruction his empty hopes, and pierce his panting
heart with one parting pang—the earnest of that despair he has pro-
voked! Here we have also a lesson for the skeptic and doubter and “the
blaspheming despiser of a merciful Saviour’s grace!” says the Rev.
Hamilton.
On the multitude retiring from the scene of execution the impression
seemed to be deep and general, and many were heard to say, “Boying-
ton was an infidel, and he boasted he had no fear of death; his prin-
ciples won’t do to die by; infidelity can’t support a man in his last
extremity.”!9
Incredulity in relation to any subject is no proof of its falsehood,
12 This statement of Boyington proves that he was as false an atheist and skeptic
as he was unchristian in his belief, and while so describing death as the “last calm
sleep,” he speaks of “the pleasant light of heaven.” He certainly felt in his heart
that “light in heaven” came from somewhere, yet was too much a coward to admit
that same “light of heaven” was the very soul in his body that prompted him to
openly say it. He leads one to believe that he thought the earth alone was the
“light of heaven.”
13 Conversations with older Mobilians; notes of Daniel Geary; notes of the Rev.
Wm. T. Hamilton. -
nee nt SN NC CC PCLT OTC TITER
verwronstribe¢
62 The Tree: Being the Strange Case of Charles R. S. Boyington
says the Rev. Hamilton.'* Boyington was sentenced to die on February
20, 1835, as we have seen, and he was repeatedly assured that to delay
or evade his doom was impossible, for die he must and on that day. He
said he knew it, and yet his whole conduct shows he did not believe it
until a few moments before consciousness left him. He clung to the
hope that escape he would by some means! To this prospect he bent
all his thoughts, and on it he kept his mind fixed. He never suffered
himself to look steadfastly and fully on the certainty that he must die.
He laid all his plans, took all his measures, and regulated all his inter-
course with others in anticipation of that hope being realized,—de-
termined that no act, no word of his should, in case of his pardon,
rescue or escape, be such that he should have to recall it. His only
chance lay in producing a conviction of his innocence, and to this he
seems to have artfully bent every power and directed every word:
Hence his calmness, his moderation in speaking of all concerned in his
trial. Had he believed that he must die, his conduct at last shows he
could not have contemplated that event without undisguised dismay.
But all his incredulity could not alter the truth!—all his assured calm-
ness could not avert his fearful doom, for it only served by contrast
with the whirlwind of emotion that shattered his very soul at least to
render that closing tragedy more horrible! If his confidence of escape
failed to avert his doom, he was assured the Judge of all the earth does
not threaten in vain!
Boyington could be classed as an arch hypocrite, for a hypocrite is
one who passes himself off to others for what he is not in reality. He
was far from making any profession of religion, says the Rev. Hamil-
ton in his notes, and yet he was certainly a finished hypocrite. For
weeks and months before his death he was always acting an assumed
part entirely foreign from his true character. He pretended to be satis-
fied there was no God, but he could not give an intelligible and con-
nected statement of the grounds of his belief. He pretended to be satis-
fied, rationally satisfied, that Christianity was not true; and yet he had
certainly never given the subject a serious and candid examination! He
pretended not to be fully expected to die on the scaffold on the day
fixed, and when he was quite ready, he was above the fear of death.
To his boasting declarations his last moments emphatically gave the lie
and proved him a decided hypocrite.
The Rev. Hamilton closes his notes with this lesson: “So it is with
scoffers generally. They are satisfied? Ah! that you should be willing
to abide by it when arraigned before the awful bar of God! Remember
Boyington, and be wise!” .
14 [did.
THE LITERARY GENIUS OF BOYINGTON
Oe Mobilians told the writer that, during the summer of Boy-
ington’s confinement in the city prison and even up to shortly
before his execution, he wrote many letters, also occasional pieces in
verse from his pen were published in the Mobile papers and some of
them signed with his initials, showing the manner in which he be-
guiled at least a part of the heavy and monotonous hours of confine-
ment. There are also a number of his original love letters to Rose de
Fleur still extant in Mobile, a number of which are given in this work,
and some day the remainder of them will be found, as well as copies
of his published defense he was stopped from delivering at his hanging
because of its length, as we have seen, to prolong his execution in hopes
of escaping death. “These poems, each and every one, are gems and
masterpieces,” said the late Thomas Cooper DeLeon, the blind poet and
writer of Mobile. “They show that Boyington was a pronounced literary
genius, even though his style differs in some of them. He came of gen-
teel people, and if he had been at home among his own people, he
would not have lost his finer self and committed so terrible a crime as
he was accused of.’”!
The late Doctor Erwin Craighead, Editor Emeritus of The Mobile
Register, in his literary sketch of Mobile writers, writes the following
on the case and literary genius of Boyington:
“BOYINGTON.—With relation to Charles R. S. Boyington
there is a definite date; for he came into notice May 12, 1834,
and departed this life February 20, 1835, his public career cover-
ing the short space of not quite nine months. It is nevertheless
true that few persons have left so profound a mark upon their
time as he; for there never has been for long a cessation of the
discussion of what is known here as the Boyington Case. This
young man was convicted upon purely circumstantial evidence
of brutally slaying his most intimate friend Nathaniel Frost.
Boyington had every opportunity afforded him to present his
' Conversations with the late Thomas Cooper DeLeon by the writer, who alternated
with Miss Clifton Moses, of Mobile, as his amanuensis. ~
68 The Tree: Being the Strange Case of Charles R.S. Boyington
Her lip, that quivered as she spoke,
Was like the lily’s hue,
And high her heart did beat, as low
She sighed a long adieu.
Warmly I pressed her trembling hand
“Farewell, dear Mother now;”
“God bless thee, boy’—her heart was full,
She kissed my burning brow.
A tear fell on my warm flushed cheek,
A Mother’s tear of love:
“We soon must part,” she said, “but we
Shall meet again above.”
“When far hence, think oft, my son,
Of the days of youth and joy.
When all was happiness around,
Forget not these, my boy.
Remember then, how oft, in youth,
Thou’st rested on this breast,
And her who hath, in earlier days,
Thy infant form caress’d.
“ce
Now go, be happy when afar,
But oh, do not forget
Thy mother, and thy mother’s love—
A parent’s deep regret.
May heaven ’round thy youthful brow
Entwine its brightest wreath,
And send its blessing bounteously
With this, my farewell breath.”
There is one line of this beautiful poem that proves Boyington’s
mother at least taught him there was a God by repeating same to
him as a reminder, and though he didn’t live to see his youthful brow
entwined by heaven’s “brightest wreath,’ as she wished, these poetic
gems he left are a monument to his name, unbeliever as he was.
Of the letters of Boyington still extant, there are some that can be
classed as “gems.” As we have seen he met beautiful Rose de Fleur
at a ball given in her honor at The Alabama Hotel during the previ-
ous December of 1833; and after the two had grown fond of each
The Literary Genius of Boyington 69
other they at first wrote notes and love letters to each other, which were
carried back and forth by slaves and left by them at certain trysting
places, because of the strictness and close watch kept over his lovely
daughter by Count de Fleur.®
Then when chance permitted and her father was away from home
the lovers went for long ‘strolls into the beautiful suburbs of the then
small Mobile.* It was during these blissful walks that Boyington would
often get into blue or melancholy spells and brood for his home and
mother, his brothers and his sister, back in Litchfield, Conn. They were
often seen to sit beneath certain trees by the hour without a word to
- say,* and often under the very chinquapin tree where the body of
Nathaniel Frost was found, and this also occurred during their strolls
through the open brush and woods, or along one of the brooks then
traversing through the suburbs of Mobile.
Again on July 12, 1834, Boyington published in The Mobile Mer-
cantile Advertiser the following poem preceded with this note:
“Mr. Editor: Among my occasional ‘pencilings,’ I have written the
following lines, which are at your service. As my name has been of
late somewhat conspicuously brought before the public; and as many
would doubtless recognize the author in the article itself, instead of my
usual signature, I subscribe myself
C. R. S. BOYINGTON.
THE PRISONER’S SONG
°Tis morn!—The bright, the laughing morn:
The dew is sparkling on the lawn,
And gaily winds the “mellow horn,”
In the wildwood around;
The huntsmen with their voices cheer
Their steeds upon their wide career,
And ’fore the hounds the startled deer
Doth lightly spurn the sound.
Up comes the sun! Its cheering light
Dispels the dreary shades of night
And gilds the fields in beauty bright—
Portending cloudless day;
While o’er the valley, hill and plain,
Waves like the sea the ripening grain,
And from each cliff echoes again
The herdsman’s joyous lay.
3 Conversations with Mrs. Sarah DeBois.
4 Ibid.
8 Conversations with Mrs. Sarah DeBois.
The Tree: Being the Strange Case of Charles R.S. Boyington
Each eve I came into the garden
To look upon this lovely flower;
And came to me the sudden thought,
“Tl place it in my lady’s bower.”
Then when I started forth
To pluck this lovely flower,
The butterfly returned in haste,
And with him came a shower.
The raindrops beat down the rose
Until it hung low its lovely head,
And when I returned next eve
I found, too, the butterfly was dead.
So if I had been the butterfly
And you the lovely winter rose,
I would do the same, methinks,
And call down the blinding snows!
True love is the greatest thing
In life a man can own;
Oh, ’tis you, my lovely Rose,
I love and you alone!
Mobile, December 5, 1833.
TO A BUTTERFLY AT CHRISTMAS
Oh, care-free creature,
Flitting here and flitting there;
You should be tucked in
From this chilly air.
You press each flower
With a kiss and smile;
I wish I were a butterfly
For just a little while.
Oh, to be a care-free creature,
You never fret or cry,
Whose happiness is only
Flowers and rainless sky!
The Literary Genius of ‘Boyington 67
Then take me with you
To Titania’s flow’ry home,
There to rest in peace,
Never more to roam.
Mrs. Sarah DeBois told the writer that the Christmas of 1833 was
a mild Christmas, roses and other flowers were in bloom, very few of
the trees had shed their green leaves, and the influx of robins and
other migratory birds that came South that winter were very tame and
ate with the chickens from the same feed-bins, and even flew into the
homes of Mobile, the weather being so mild the windows were left
“ open at night. The mildness of the weather, she stated, was said to
have been caused by the phenomena “rain of stars” in the previous
November when the slaves all ran amuck in fright thinking the world
was coming to an end. She also stated the woods around Mobile “were
beautiful and many butterflies and foreign birds were seen in gor-
geous colors, enough to inspire any poet to write beautiful verse.”
During the month of April, however, Boyington a month previous
to being accused of the murder of his friend Nathaniel Frost pub-
lished in The Mobile Mercantile Advertiser his “My Mother’s Bles-
sing—At Parting.” This was the first notice of his literary efforts and
genius as a poet, and the column in which this poem was printed was
titled with the caption “Young Rambler’s Port-folio (Charles R. S. Boy-
ington)” His poems were afterwards collected ‘and published in small
pamphlet form under the same title? following his hanging, by the
Messrs. Pollard & Dade’s printing office, where he and Frost both
had been employed as journeyman printers. Older Mobilians have
stated that Boyington’s intention had he not been arrested and con-
tinued to work for the printing office of Messrs. Pollard & Dade his
poems would have followed in succession under this title in the same
column. This same authority also stated that Boyington, like all highly
intelligent people went into dream-moods, or spells, when he thought of
his mother or family back in Connecticut, hence the pouring of his soul
into this beautiful poem, the first to appear in public print in Mobile:
MY MOTHER’S BLESSING—AT PARTING
Her cheek was pale, her dark eyes sad,
As she breathed her last farewell;
And oft she sighed, yet blessed the while
Her tears in sorrow fell.
2 There is perhaps not a single copy of this pamphlet in existence, unless by chance
one will show up among the old books and papers of Mobile hidden away in the
trunks and attics of the old homes.
; Sialic _ —
72. The Tree: Being the Strange Case of Charles R. S. Boyington
verses. Even in later years the then older Mobilians, when they, too,
were young people living in Mobile at the time of the murder of Frost
would relate in turn the horrible murder and the strange and mystical
case and hanging of Boyington himself to their children, shows the case
of Nathaniel Frost versus Charles R. S. Boyington for more than 110
years has been discussed periodically and in the old families living in
Mobile today. It has often been wondered just how many poems Boy-
ington did really write. He was versatile with the few he did leave, if
we consider that history credits Gray with twenty years in writing and
polishing his “Elegy.” It will not only be a literary find but an his-
torical find as well if in the future others come to light, which can
be added to those published while he was alive.
During September, 1834, Boyington wrote the three following fine
poems, which were also published in The Mobile Merchantile Adver-
tiser, one on hearing of the death of his friend Mr. C. D. Southworth,
who died at sea and whom he had met on the same packet Cahaba he
had come to Mobile on in November, 1833. The meter of this fine poem
was adopted by Theodore O’Hara in his noted “Bivouac of the Dead,”
and some of the tropes Boyington uses find seeming echo in the great
O’Hara’s immortal poem.” “The Prisoner’s Song,” of course, carries a
personal note, while the third poem, “Lines to Life,” teaches a good
lesson; yet Boyington not being a believer, every one through the years
that have gone by have thought strange he opens his poem with “Praise
to the God of the Universe!” Could it not be that Boyington was a
camoufleur as the late Dr. Erwin Craighead intimated to the writer?
LINES WRITTEN ON HEARING OF THE DEATH OF
MR. C. D. SOUTHWORTH AT SEA
Beneath the ocean’s bounding waves
He rests his youthful head,
And the sea-nymphs, in their coral caves,
Sung their requiem o’er the dead.
No mourning friends stood ’round his bier,
As they launched him in the sea;
No funeral notes rang on the ear
But mermaids’ melody.
7 This coincidence was pointed out to the late Dr. Irwin Craighead, Editor Emeritus
of The Mobile Register, when the writer furnished him with notes on the Frost vs.
Boyington case.
The Literary Genius of Boyington 7
He sleeps in youth and beauty soft,
He hath closed his short career,
But at his memory will oft
Fall friendship’s crystal tear.
The heart that once with rapture throbbed
Is hushed within his breast,
Of its lustre, too, his eye is robbed
And his form has sunk to rest. |
The monsters of the treacherous deep,
As they sport above his head
Shall pause to gaze where he doth sleep,
On his low, unguarded bed,
And tho’ so soon his loss is felt
By friendship and by love,
And tho’ he lies where sea-nymphs dwelt,
Yet his soul has gone above.
Cc. Bu 8. B:
Mobile, Sept., 1834,
The Mobile Mercantile Advertiser.
The following fine composition, like his “My Mother’s Blessing—
At Parting,” should be read and heeded as a lesson by all, especially
the young men of today. This song was set to new music by a Mobile
lady, but the writer has been unable to find a copy extant today.
THE PRISONER
(Air—All’s Well.)
From cell to cell echoes again
The clamoring of his pondrous chain;
The jailer opens his weary eyes,
And starting from his couch he cries
“Hark!—Whence that sound?—Goodnight—All’s well.”
Weary with care and long confined,
The prisoner sleeps, while thro’ his mind
Flits scenes of pleasure that were past
Before he felt misfortune’s blast,
He joyous shouts, but wakes at last
To hear—he’s safe—‘“Goodnight—All’s well!”
City Prison, Mobile, Sept., 1834.
70
The Tree: Being the Strange Case of Charles R. S. Boyington
The bacchanalian’s ceased his song,
And, parted from the giddy throng,
Homeward he wavering reels along,
Shrinking from public view.
The gallant from his mistress hies,
With fluttering heart and sparkling eyes—
But turning once again, he cries—
“My lady-love adieu!”
The bay’s scarce ruffled by the gale
That sweeps from yonder verdant vale,
And freshening fills each loosen’d sail
That glides over the wave;
And on the far, far distant lea
The billows of the bounding sea—
The countless seamen’s grave.
O! how I love, upon its tide,
Swiftly before the breeze to glide;
Now on its crest we seem to ride—
Now plunge into the deep
With “blue above the blue below,”
Trackless our course where’er we go—
I love to hear the ocean’s flow
Its mountain surges sweep.
Once gayest of the gay I sought
The festive scene, and heedless thought
That fortune ne’er would shower aught
On me but happiness.
Ah! little deemed I then to see
My days pass off thus lingeringly
As now, in my captivity,
Deprived of aught like bliss.
How now appear my boyhood’s hours!
How false those scenes where ’neath green bowers
I culled the spring’s first blooming flowers!
Those youthful pastimes seem
Delusive as a vision past,
That oft is o’er our slumbers cast,
And sad I feel, as when, at last,
We find ’tis but a dream.
GPS i Sa tc a? is = rs. | Pe Oe ee haa Pee Ppa oot i a ne
The Literary Genius of .Boyington 71
Although upon my youthful breast
Adversity hath rudely prest,
Yet proudly I will stand the test
Though friendless and alone;
Boldly I'll step in Justice’s scale,
Nor fear whose weight will sure prevail,
Tho’ on my head suspicion’s gale
Its fiercest blast hath blown.
On Justice’s sword, so bright and sheen,
I look with an undaunted mein,
For ’twix us there doth intervene
An adamantine shield:—
That shield is in my country’s laws
And innocence’s unsullied cause,—
And seeking neither rest nor pause
I’m panting for the field.
And when the strife is o’er, farewell
To Southern shores; each hill and dell,
And Northern love shall echoing swell
The “rambler’s” welcome home;
Each brother’s voice I then shall hear—
Behold my sister, Mother dear,
And kiss away each falling tear—
No more from thence to roam.
This poem, too, was to be part of The Young Rambler’s Folio, and
older Mobilians have told the writer Boyington had even broached the
subject through letters to Messrs. Pollard and Dade of publishing his
poems after he had composed enough to make a volume in bookform.
It was also stated by older Mobilians that this poem was composed in
memory of two hunting expeditions during the winter of 1833-34 he
went on with some fellow printers to Mon Louis Island at the lower
end of Mobile County as guests at his place of Yellow Jack and his
wife Hortense, the freed Creole-speaking yellow slave of the Baudin
family,* and who had witnessed the battle of Mobile Bay (at Fort Mor-
gan) during the War of 1812. The poem also gives insight to his long-
ing for that freedom he once had at his home in Connecticut.
From the publication by Boyington of his first poem before he was
taken prisoner the Mobile reading public looked forward to his next
6 Yellow Jack after being freed bought his wife Hortense and also freed her. Their
posterity is numerous on Mon Louis Island, and in other mix-blooded settlements.
title to the Jand,
bond, so that the
e ture of a
be as good
15 wav land, if the
ed until it was all
that, the witness
t, assisted in mak
yrote the indorse:
id, says that “al
after paying all
due on the land
other items were
” due was on the
hin the power of
ion, whether it be
nortgage or Vel»
payments to the
roperty, and leave
nd debt. So that,
it, the land was
ion W. H. Cooper,
f it; and he tes
ited the deed and
14, 1897, for the
payment of the
intermixture a& ~
inkhead v. Owen,
ster v. Hunnicutt,
at the time the 30m
the $555.66 note)
‘inant, said W. @.
as executor, and
‘itle to the lanw ts
1y said Cooper at. @
ice, So that, ©
on of appel cae
ius vendee never
iand, and the on
them could clatm
.al title bond, ané
under it still me
' of fact, the testt
vs that, while the
before the letter
to W. IL. Cooper,
‘erred to comp latte
* was qualified am
this Myay be, we
‘stamentary which
related back, and
eeutor de son tert
r, 102 Mass. 3545
#, 603; Vroom ¥*,
. 42 Am. Dec. 04; 2
(8. C.) 22; Stagg ¥ 223
irmon v. Maxflebt
‘ing. Eney. Law,
0 Ala. 200, 44 Am."
has the full legs! ;
and debts due the
e, compound, dh —
mn; he being a
@ ia. the exercise ef
uewis, 53 Ala. Ula;
Ya. 848; RBaldwit
il; Hutchinson ¥, ©
*
ee
~~ Owen, 59 Ala. 826; Nelson v. Stollenwerck,
60 Ala, 140; Skelton v. Carpenter, 60 Ala.
Qui.
It is insisted next that the note which evi-
dences the debt is a renewal of the original
pote of $413.61, and that note was tainted
with usury. The only allegation in regard.
to usury in the pleading is the plea filed
by Jas. A. Nance, which alleges that “said
note [referring to the $555.66 note] * samaeies
ig usurious and void for the interest there-
ov, and that usurious interest has been in-
cluded therein in the sum of $500.” And all
the evidence on the subject of usury is that
“Nance states in his testimony that his
recollection is that when the settlement was
made between him and W. P. Cooper, when
the $413 note was given, he was charged 10
per cent. interest; and the witness McLel-
jen states that his recollection is that, at
that settlement, Nance was charged 10 or
~ 12 per cent. interest. When one who claims
to have made usurious payments on a debt
‘geeks credit thereon, the law requires (1)
that he set out in his pleading, distinctly
_ and correctly, the terms and nature of the
usurious agreement, and the amounts of
payments made which are claimed to be
“| ~ usurious; (2) that proof be made with the
same definiteness. Munter v. Linn, 61 Ala.
492;, Woodall v. Kelly, 85 Ala. 868, 5 South.
lot, 7 Am. St. Rep. 57. We do not think
with the distinctness which the law requir-
ed. There is no statement to show what the
yarious payments, charges, and eredits were
which went to make up that settlement,
“with their dates, from which a calculation
could be made, with any degree of accuracy,
showing what amount of interest was in-
eluded in that settlement. It is not claimed,
nor is there any evidence to show, that there
was any usurious agreement in the con-
tract as originally made, when the title
bond was given. When the original transac-
tion is not usurious, a subsequent agreement
» to pay illegal interest, in consideration of
» forbearance, ete., does not impart to the
contract the taint of usury. Van Beil v.
‘@ - Fordney, 79 Ala. 77; Woodall v. Kelly, 85
} Aln. 368, 5 South. 164, 7 Am. St. Rep. 57.
There is really no proof of any agreement to
pay illegal interest in this case; the only
proof being the statement of the two wit-
nesses that, according to their recollection,
10 or 12 per cent. was charged in the settie-
* ment between the testator and Nance. The
defense of usury was personal to Nance, at
apy rate. Cook v. Dyer, 3 Ala. 643; I"enno
y. Sayre, 3 Ala. 458; Harbinson v. Harrell,
19 Ala. 7538; Gray v. Brown, 22 Ala. 262;
Cain vy. Gimon, 36 Ala. 168; Griel v. Leh-
man, 59 Ala. 419; Butts v. Broughton, 72
Ala. 204: Moses v. H. B. & L. A., 100 Ala.
405, 14 South. 412.
As hereinbefore shown, the note was trans-
ferred to complainant after W. H. Cooper
qualified as executor, and he had the entire
that the usury is either alleged or proved |
“AHAM, Jud, black, hanged Birmingham, Alabama, Mar. 10, 1905.
Ala.) BRAHAM v. STATH. 919
control of it, with power to dispose of it.
Afterwards he made a final settlement of his
executorship, in which he charged himself
up with the full amount of this debt, so that
the estate has been fully paid by W. H.
Cooper, who, having accounted for it, be-
came the owner of the obligation. Nance
has nothing to complain of, as the land is
liable for the debt, and he showed a willing-
ness to appropriate it for its payment. The
note has never been paid to Cooper or his
assignee. The defendant Martin had knowl-
edge of the fact that the Nance note was out
against the land. He was also a party to
the settlement by which W. H. Cooper char-
ged himself up’with the sale of the Nance
note, and he claims that his supposed pur-
chase of the land was only for the purpose
of paying therewith this very note; and
since the estate has been satisfied, and the
complainant is the only party unpaid, he
was entitled to the decree.
The decree of the court is affirmed.
BRAHAM y. STATE.
(Supreme Court of Alabama. Jan. 19, 1905.)
HOMICIDE—DEFENSES — INSANITY — EVIDENCE
—EXPERT TESTIMONY — NONEXPERT TESTIMO+
NY — CONFESSIONS OF DEFENDANT—IMMATE-
RIAL EVIDENCE—OBJECTION TO TESTIMONY—
GENERAL OBJECTIONS—UARMLESS ERROR—IN-
STRUCTIONS — REASONABLE DOUBT — TRIAL—
DISCRETION OF COURT — JURY — MOTIONS TO
QUASH. }
1. In homicide, a motion to quash the panel,
made after jury had been impaneled and
sworn, on the ground that the court did not
qualify the jurors as to relationship to defend-
ant and deceased, was properly overruled where
defendant had made no objection on that
ground during the selection of the jury, and
had not then requested the court to make the
proper inquiry, and refused, when accorded the
privilege by the court, to challenge any juror
on the ground of relationship, and objected to
the court’s questioning the jury as_a whole or
any of the jurors ,individually, and offered no
proof and did not propose to offer any, to show
that any juror was disqualified for the, reason
assigned in the motion.
[Id. Note—TIor cases in point, see vol. 31,
Cent. Dig. Jury, §§ 504, 509.]
2.In homicide, a question asked of a wit-
ness who testified to the killing, as to whether
she thought defendant and deceased were white
or colored people when they passed her, was
immaterial.
8. In homicide, testimony that witness saw
defendant in jail about an hour after the kill-
ing, and that no one made any threats, prom-
ises, or inducements to defendant while witness
was present, showed defendant’s statements
made at that time as to the killing of deceased,
the reasons that prompted him in so doing, etc.,
to have been voluntarily made, and rendered
such statements competent as a confession.
[id. Note.—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 1215.]
4, It is the province of the jury to determine
whether or not a witness was mistaken in his
evidence, where such witness’ evidence is shown
;
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to be in conflict with that of another witness,
and it is not permissible to ask one witness if
another witness was not mistaken in his evi-
dence. :
{Kd. Note-——For cas¢s in point, see vol. 50,
Cent. Dig. Witnesses, § 1103.]
5. Where witnesses have been placed under
the rule, it is within the discretion of the court
to allow one who did not retire from the ¢ourt-
room’ to be examined, especially where such
witness was exempted from the rule by the
court.
{Jid. Note.—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 1559.]
6. Where a part of the conversation has been
brought out by the state, defendants may bring
out on cross-examination all that was said at
the time in reference to the same subject-mat-
ter, but may not show matters which are not
even remotely connected with such subject-
matter.
[Iid. Note-—For cases in point, see vol. 50,
Cent. Dig. Witnesses, § 933.]
7. In homicide, a declaration made by defend-
ant as to the insanity of his brother is not
competent evidence on the issue of defendant’s
insanity.
[Ed. Note.—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 928.]
8.In homicide, evidence that a pocketbook
exhibited to witness, which had been found in
defendant’s possession when he was arrested,
belonged to deceased, was competent.
[Ed. Note—TIor cases in point, see vol. 26,
Gent. Dig. Homicide, § 363.]
9. In homicide, questions asked a witness as
to whether or not defendant talked disconnect-
edly and appeared absent-minded were them-
selves competent on the issue of defendant’s in-
sanity, but were properly excluded when join-
ed with another question asking witness to
state any other peculiarities which he may have
noticed about defendant.
10. In homicide, a witness who was not shown
to have had any previous acquaintance with de-
fendant and had never seen him before the
night of an interview which he had with him at
the jail after his arrest, was not competent
to testify as a nonexpert as to defendant’s in-
sanity.
[Isd. Note-—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 1045.]
11. In homicide the question as to the compe-
tency of a witness to express an opinion as to
the insane condition of defendant’s mind is one
for the court, and its decision thereon will not
be revised unless clearly erroneous.
{Ed. Note.—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 1070.]
12. In homicide, a question asked of defend-
ant’s mother as to whether defendant went to
see his brother because his brother had lost his
mind was not competent on the issue of de-
fendant’s insanity.
13. A question asked of a physician with ref-
erence to neuralgia in the parent manifesting
itself in the offspring, but assuming, what had
not been proven, that the parent was or had
been afflicted with neuralgia, was properly ex-
cluded.
[Iid. Note.—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 1074.]
14, A question asked of a physician as to
what “every experienced physician” knows is
improper, as involving the cognition of another
than the witness.
15. Since the jury is not concluded by the
opinions given by experts on the question of in-
sanity, but is entitled to weigh such opinions,
it is competent to develop on cross-examination
388 SOUTHERN REPORTER.
>
(Ala.
the extent and accuracy of the expert’s knowl-
edge as to causes of insanity.
[1ad. Note.—TIor cases in point, see vol, 14,
Cent. Dig. Criminal Law, § 1078.]
16. A general objection to evidence cannot be
sustained unless the evidence is manifestly ille-
gal. and irrelevant, and apparently ineapable
of being rendered admissible in connection with
other evidence,
[Ed. Note.—IFor cases in point, see vol. 14,
Cent. Dig. Criminal Law, § 1634.] :
17. An expert may: be asked as to whether in-
sanity can be simulated.
18. In homicide, an answer in which witness
stated that he did not know whether insanity
could be simulated was harmless, notwithstand-
ing error in the admission of the question.
19. In homicide, where the defense was in-
sanity, testimony as to how often witness saw
defendant, whether he had frequent occasion to
see him and observe his conduct and language,
and whether he observed anything peculiar or
unusual in such conduct or demeanor, is com-
petent.
20. In homicide it was not error for the court
to permit a-witness who testified that he had
known defendant from his childhood, and had,
talked with him on certain recent occasions, to
testify to defendant’s sanity.
‘21. A question, asked of a witness testifying
to defendant’s sanity, as to whether he ob-
served anything “unusual, peculiar, or unnat-
ural with him” on a certain occasion, was prop-
erly allowed.
2° Where a witness has sufficiently answered
a question it is proper for the court to refuse
to permit the same question to be put to him
again.
[Ed. Note-—For cases in point, see vol. 50,
Cent. Dig. Witnesses, § 827.]
23. In homicide it is within the discretion of
the court to allow evidence, which is other-
wise competent, to be given in rebuttal, al-
though it is not proper rebuttal testimony.
{Ed. Note.—For cases in point, see vol. 14,
Cent. Dig. Criminal Law, §§ 1615-1618.]
24.In homicide, where the defense was in-
sanity, testimony as to the times when a phy-
sician who was testifying treated defendant,
and what the character of his conversations
with him were, was competent,
25.In homicide, where the defense was in-
sanity, error in permitting a hypothetical ques-
tion was harmless where the answer was that
a man under the conditions stated in the ques-
tion might be either sane or insane.
26. A question asked of a physician on cross-
examination as to whether he is ‘‘an expert on
insanity” calls for the conclusion of the wit-
ness on his capability, and is properly ex-
cluded.
27. In homicide, charges that, if the jury have
a reasonable doubt as to the sanity or insanity
of defendant at the time of the killing, they
should find him not guilty by reason of in-
sanity, are properly refused.
28. In homicide, instructions that in consider-
ing the statements made by defendant to a cer-
tain witness the jury should consider testimo-
ny that defendant was of insane mind were ar-
gumentative and improper, in that they left
out of consideration the evidence tending to
show defendant’s sanity.
29. Where, under the evidence, defendant was
either guilty of murder, or was not guilty by
reason of insanity, the court was under no duty
to charge the.law of manslaughter. ‘
30. In homicide, a charge that insanity is a
mental disease, and does not mean eccentricity
or peculiat action of the brain, but means a
departure caused by a disease of the brain, and
that mere temporary mania does not constitute
insanity, is proper.
(Ala.
expert’s knowl- $1, In homicide, where the defense was in-
sanity, a charge that the jury should be care-
ful that the plea of insanity is not used as a
“means to evade the law, as well as to see to
it that an irresponsible person should not be
punished, was not improper.
n* =-- vol, 14,
te]
‘ innot he
manifestly ille-
‘ently ineapable
connection with
Appeal from Criminal Court, Jefferson
County; Daniel A. Greene, Judge.
Jud Braham was convicted of murder in
the first degree, and appeals. Affirmed.
ty See vol. 14,
( whether in:
In selecting the jury each juror was ex-
amined on his voir dire, but the court neg-
lected on such examination to inquire as to
any relationship of the juror to the defend-
ant or to the deceased. Each juror on the
panel was accepted by the solicitor and by
the defendant. After the jury was impan-
eled the defendant for the first time made
objection to the failure of the court to make
such examination, filing a motion to quash
the panel on that ground. The court then
of its own motion, and against the objection
of the defendant, examined as a witness one
Jake Jones, showing by such witness that
both the defendant and the deceased were
negroes. The court also then offered to
question the jury singly and as a whole as
to such relationship, but the defendant ob-
jected thereto, and thereupon his motion to
quash the panel was overruled. Thereupon
the state introduced evidence showing that
shortly before the killing the deceased and
defendant were walking together, talking in
an amicable manner; that defendant called
the attention of the deceased to a passing
rallroad train, and, as she turned her head
to observe it, he shot her in the back of the
head with a pistol; that on her falling the
defendant fired three other shots into her
body, which caused her death. One of the
witnesses for the state—Mrs. C. S. LeCrane—
testified that the killing was in an open com-
mon. This witness was asked by the de-
fense whether she thought the defendant
and deceased were white or colored people
when they passed her. Objection to the ques-
tion by the state was sustained. Another
witness—Bart George—against objections of
defendant, testified that he saw the defend-
ant in the jail about an hour after the kill-
Ing; that no one made any threats, promises,
or inducements to defendant while witness
was there. The defendant there said that
he killed the deceased because he loved her.
He said that he had made up his mind, if
she did- not marry him, he would kill her, and
that he killed her because he loved her. He
sald that when he walked out he gave her
the gun, and asked her to shoot him, but
that she would not do it, and he then shot
her. He asked an officer to see that she
_ was buried nicely, and that he had $35 be-
longing to her, which he wanted turned over
to her people. He stated that he and de-
_ ceased were in Birmingham the day before,
» nd he would have killed her then if he had
had a pistol. On cross-examination this
witness testified that when he saw defend-
' which witness
hether insanity
‘, Notwithstand-
© question,
ofense was in-
witness saw
ut occasion to
and language,
‘ng peculiar or
ieanor, is com-
r for the court
‘1 that he had
ieod, and had,
i€ occasions, to
‘ness testifying
‘hether he ob-
‘ar, or unnat-
ion, WAS prop-
otly answered
court to refuse
be put to him
t, see vol. 50,
» diseretion of
hich is other-
i rebuttal, al-
testimony.
ol. 14,
ense wags. in-
when a phy-
ed defendant,
conversations
ense was in-
sthetical ques-
wer was that
1 in the ques-
‘iM On cross-
“an expert on
1 of the wit-
proper eX-
the jury have
y or insanity
killing, they
reason of in-
in consider-
unt to a cer
sider testimo-
vind were ar-
at they left
® tending to
-fendant was
ot .ruilty by
uder no duty
usanity is a
| eccentricity
it.means a
ic brain, and
vt constitute
‘ly to exclude the answers.
BRAHAM v. STATE. 921
ant in jail he was talking and laughing and
crying at the same time. He said he did not
wish to put the state to expense, and if they
would appoint a day he would come back and
be hung. The place where the killing oc-
cured was not in an open, but in a pine
thicket. Jake Jones was called as a wit-
ness for the state, and defendant objected to
his examination on the ground that witnesses
in the case had been placed under the rule,
but, notwithstanding this, the said Jake
Jones had remained in the courtroom dur-
ing the examination of previous witnesses.
It appeared that at the request of the so-
licitor, the court had suspended the rule so
far as this witness was concerned. The ob-
jection of the defendant was overruled, and
the witness allowed to testify. Other mat-
ters on examination of this witness suffi-
ciently appear in the opinion. On examina-
tion of Douglas Crenshaw the state produced
a pocketbook, found in possession of the de-
fendant when he was arrested, and the wit-
ness was asked if he knew whose pocketbook
it was. He said he did. Being asked to
‘whom it belonged, he answered that it be-
longed to Minnie Crenshaw, the déceased.
The defendant excepted separately and sev-
erally to the questions, and moved separate-
His exceptions
and motions were overruled, and on this ac-
tion of the court assignments of error num-
bered 12 and 18 were based. The testimony
of E. R. Norman, for the state, is sufficiently
shown in the opinion. On examination of
Ophelia Holdness, mother of defendant, and
a witness for him, she was asked by the
defense to state whether the defendant came
to see his brother because such brother had
lost his mind. The state objected to the
question, and the objection was sustained.
Dr. Hagler was examined as an expert wit-
ness for the defense. On his examination
the defense asked him: “Will neuralgia in
the parent likely manifest itself in the off-
spring in the form of a tendency to insan-
ity, and does not every experienced physi-
cian know that a case of violent neuralgia,
which occurs from time to time in an obscure
way, without any discoverable morbid cause,
that he may predicate the existence of in-
sanity in the family with also as great con-
fidence as if the patient were actually in-
sane?” The court sustained objection by
the state to the question. The witness was
further asked by the defense, “Is it not a
fact that violent neuralgia in the parent often
| manifests itself in the offspring in the shape
of insanity?” Objection of the state to this
question was also sustained. The further
testimony of this witness is sufficiently
shown by the opinion. Bob Franklin, a wit-
ness for the state, testified that he knew the
defendant. Being asked “whether or not
during the time you knew him he appeared
to be of sound mind,” he answered that he
did. The defendant objected to question
and answer, stating no grounds. N. J. Moore,
a
3% a a ee Roe Vt gh tA ae ee “ wig YS Phas Sot ae Gone = =
ST PSS ek ce STS ce hee = 4 — we Spat e x ” a Zanine, “ ™
3 mR ly Pees ee 2 E ere. sai pe ts cts i xe Pages eae Ay pe
ec aioe sear sder rece ie
for the state, testified that defendant went
to school to witness for eight or nine years.
He was asked by the state, “How often did
you see him during that time?’ The defend-
ant objected, stating no grounds. The ob-
jection was overruled. Witness E. Knight,
for the state, was asked by the solicitor, “Did
you have frequent occasion to see the defend-
ant, observe his conduct and language?’
The defense objected generally to the ques-
tion, which objection was overruled. Car-
rie Jones, for the state, was asked by the
solicitor if she observed anything in the con-
duct, appearance or demeanor of the defend-
ant which was peculiar or unusual, to which
general objection. was made by defendant,
and objection overruled. Dr. McAdory, an
expert witness introduced by the state, was
asked by the solicitor: “If a young man
should be deeply in love with a young woman,
who declined to marry him, and he should
take her out walking, and attract her at-
tention to a train, and while she was look-
ing at the train shoot her, and, when ar-
rested, say that he killed her; that he loved
her, and ought to be punished; that he told
a number of persons that he killed her be-
cause he loved her, and knew he ought to be
hung; that he sent for and talked with a news-
paper reporter, telling him about the same
thing; that he appeared cool and collected;
that a short while after he sent for another
person he had already talked to, and told
him he had changed his mind about being
punished, and that he was going to put up
a defense—would you say that person was
sane or insane?” To this question the de-
fense objected on the grounds set out in
the opinion. The objection being overruled,
the witness answered, “Either a sane or an
insane man might do that.’’ Further testi-
mony and objection thereto on examination
of this witness are suiliciently shown by the
opinion.
The testimony being closed, the court, in
its general charge, directed the jury, among
other things, as follows: “Insanity is a
mental disease. It does not mean eccen-
tricity or peculiar action of the brain; it
means a departure caused by a disease of
the brain. Mere temporary mania does not
constitute insanity.” Also the court clar-
ged the jury as follows: “The jury should
be careful that it [meaning insanity] is not
used aS a means to evade the law, as well
as to see to it that a person irresponsible
should not be punished.” The defendant
asked the following written charges, and, on
each being refused, duly excepted to the ac-
tion of the court: ‘(1) If, from all the evi-
dence, the jury have a reasonable doubt as
to the sanity or insanity of the defendant at
the time of the killing, then they should find
the defendant not guilty by reason of in-
sanity. (2) Gentlemen of the jury, I charge
you that in considering the statement made
to Sandy Pettus, a witness for the state, by
the defendant, you should consider as throw-
922 33 SOUTHERN REPORTER. (Ala.
ing light on the weight to be accorded to
these statements of the defendant the testl-
mony of the witnesses that he was a person
of unsound mind. (8) Gentlemen of the jury,
I charge you that in considering the testi-
mouy of the witness Sandy Pettus as to the
statements of the defendant while in jail as
to his being engaged to the deceased, and her
breaking it off, and his other conversation
there at that time, that you should consider
in connection therewith the testimony of
witnesses that he was of unsound mind. (4)
To warrant a conviction in this case, I charge
you, gentlemen of the jury, that it is incum-
bent on the state to establish by evidence to
the satisfaction. of the jury beyond a rea-
sonable doubt the existence of every element
necessary to constitute the crime charged;
and if the jury, after considering all the evl-
dence bearing on the question of the insan-
ity, entertain a reasonable doubt of the de
fendant’s sanity at the time of the alleged
offense, they should give him the benefit of
that doubt, and find him not guilty by rea-
son of insanity. (5) Gentlemen of the jury,
I charge you that in considering the state
ment of the defendant to Sandy Pettus while
he was in jail, in substance that he was en-
gaged to deceased, and that she broke off
the engagement at the request of her par-
ents, and that he asked her if she would
marry any one else, and she replied that
she could not promise, and‘all the state
ments then made by the defendant should
be weighed in the light of the testimony of
the witnesses that he was of unsound mind.”
The verdict was that the defendant was
guity of murder in the first degree, and
should suffer death. Judgment and sentence
accordingly. 'Therefrom defendant appeals.
J. W. Altman and Stallings & Wesmith,
for appellant. H. P. Heflin and B. M. Allen,
for the State.
DENSON, J. On the voir dire of the ju-
roys none of them were examined by the
court as to their relationship to the defend-
ant or the deceased, but after each juror was
examined by the court he was put upon the
state and the defendant for acceptance or
rejection, and this mode of procedure con-
tinued until 12 jurors were accepted, sworn,
and impaneled as the jury to try the case,
At no time during the selection of the jury
did the defendant make any objection to the
court not inquiring of the jurors as to such
relationship, nor did he request the court to
make the inquiry. But after the jury had
been impaneled and sworn, then the defend-
ant moved to quash the panel, and assigned
as grounds therefor that the court did not
qualify the jurors as to relationship to the
defendant and deceased. The court then
stated to the defendant that he might have
the privilege of challenging any juror on the
ground of relationship to the defendant or
the deceased, and offered to ask the jury as
*
Ala.)
a whi
tions!)
quest
mem
ruled
With
Jake
of th:
termi'
the n
avail
by th
on tl
proof,
show
reaso
objec!
one ¢
witn«
ment
at Pi
killin
state
been
both
to s!
mind.
1012,
§22, a
122.
It j
whet)
evide
shovs
and |
if an
evide
Case.
Wh
the m
to al
court
this t
show
empt:
lan’s
der’s
Gulf’:
St. I
Th
toa.
Lf Alyee eg
eet etal, Te ME ae ~
"gagt 5 yorey uo SeueqeTy ‘oTTTauosyoe, poduey foqTum furyaeT ‘LIgTMVed =
Faakan ys
ough Bolicited to do soy and roiused
rink of whisky offered him. Brax-
vp 7seomed ta fully appreciate tho
neriff's Kindness. » os 7 ey
Abut.10- o’olock yesterda
morning
iW, G. Alexander ayd Hldors Al-
Look, Washington, Foster and Weath-
‘gton, colored ~ ministers of the vari-
aschurch devomiuations, called at his
ojland held roligious services and ad.
da, da Dhiba ods te i.
Qitas, KK. Donoan, Md?
BR Puansoy, M.D.”
> M, L. Woop, M.D.
W. I’. Kenpricg, M.D.
‘Giunn Anprews, M.D, -
J. H. Narrez, M.D.
L. J. Surrey, J. BP.”
JAS, JACKSON, J. P.
©, N. Dorsette, M. D. os
tninod S115, ¢nostly in groonbaoka,
Nhat waa tho pookot-bool, whieh tho
old gontloman always carriod when ho
camo to Montgomery or went to Pine
Tovel to make purchases. Ho had
dropped it into asoparate place and tho
robbors did not find it. Butthoy found
another lurge pockot-book and several
small bags containing gold and silver.
lowing sotler frome pes
of tho Rwdroad Qoinmiasion
MontTdoMeny, Jan,
M. A. Smith, Esq\iEdjtor The Mo
Anniston. Alay Soh Sen *
Dear Sir:i—I am this mor
coipt of a copy of The Mori:
of the 17th, inst. containiny
onable and just complaint :
ainistered the Lord’s:. supper to him, |“ {nere was a large crowd present at | Phe bags had been emptiod and left in | inadequato passenger dopot
“he communion was ‘administered by } Joast seventy-five ine at he people the trunk, The robbers got, several | dations of tho East anos:
or, Alexander,and prayer Wag offered } and amidst the hum of voices and con- thousand dollars, . 90088. Se 1 | and Georgia Railway Comp.
wy vElder. +L. AJ, Washington, He | fusion it will probably’ not.’be ‘knoowa _Mr, Lewis Pugh was one of the eldest | city of Anniston. 7 tt%
“as exhorted by.the ministers to make | how the prematuro cutting of therope citizens of ‘Montgomory county. He |The facts as stated. by. you
cléan:confession, but ‘he said, : “he | happened... 9- Bigg a eat ns | WOES 72° years of ago and had lived ‘in | to us, and have bad our atte:
Si gaid all he bad to say and that.it |’ \Some one might ‘have droppe thetz | the county over fifty, years. Ho cate | it in my-ploastirg,.to -tnforn
vas-the truth.” He seomed truly peni- | handkerchief “accidentally, “put any- ‘to-this county from Pike ‘and settledin'|there is no difference of «
“sug and very auch broken up.* His | way the man was dropped before the the Pine Level neighborhood, whore ko | twoen yoursolf aud the goo
yes, yero red d his } Sheriff was ready, ‘and a serious ; accl- raised a family and acoumulated con-| Anniston, and. the Railros
deut-to Deputy Parks came near being siderablo property, He was. a succoss- | sfoners, as’ -to the character
‘the result.: Whon the trap was sprung ful farmer and in good circumstances, | sengor. depot “ agcommodn’
thore arose a wild wail from tho. negro and was ostoomed and respected by all) ought. to have ‘at Anniste
women prisoners who" heard , tho® fall who know him. ‘The manner of bis | hope and believe “that ' the
and the effect.of their ‘wild. ns | coath was peculiarly sad and shocking, | you now complain of, will |
‘was:thrilling in the extreme. | A IAS Abi. ett 9 Pita JUDGMENT, © | at an oarly date, “a.
; SAA RMN et Within.a few days after, the murder |-- Without entering sinto.t!
bo", (Qe! S OUTSIDE THE STREET i. wets 57) WAS committed, a number of negroes | have simply. to: pay! that t!
d ‘by -higz'coll-and | ‘There ‘must. havo ‘been: fully one | who lived on Mr, Pugh’s farm ‘and in| sioners are wnanimous’in tl.
RB m. P loud | thousand people of all ages, colors and the neighborhood,..wore: arrested” on | that suitable and proper pr
{ sizes, gathered’ in ‘the street gazing | suspicion, among the rest, Green Brax- | pot ‘accommodations’ stiall '
with eager eyes and. straining : every ton, who has?gone to render account of | in the very near future. ::
faculty to hear from those within what | daeds done in tho flesh at the judgment} sey .
was going on,~,Nor did .they. ‘leave bar of Him.who judgeth in ‘great: love |.
ts of the hymns | until the wagon ‘containing. the. body and mercy, ‘An inyestigation. in! the |
-to him, and ‘to | was driven away, and then. tha many courts developed the fact that Green’
ch-he'gave his attention; but ‘most colored people followed it,» impvlsivoly | was one of the murderors, “Tho “other
of-th6 time -his body swayed to-and drawn by that strange morbid fascina-| negroes who were arrosted >with’ ‘him,
tropa ifr keeping time to the: thm of |-tion possessed by many of their race. | were finally acquitted. * John’ and An- |:
thespymns. steer 5 32 Rees ~The colored ministers talking, to an derson Mckinuon, negroes and broth- |:
Shortly before 12:o’clock two aged na- “ADVERTISER reporter were loud in their | ore, and two of the ring: leaders, fled]
yr no from hishome were brought | praise of Sheriff Wescott, who did allin | from the neighborhood to, escape tha
inygnd ‘tho first:words heasked them | his power to aid them in their, ministe- vengoancg,of the law. “They were. fol:
werd, “Haye. you!.come for my body?”.| rial duty to the condemned,: and. they lowed. bya Shoriff's posse. throuzh
ahey said: yes,"and shook hands: with | spoke freely of his, kindness to the | South Alabama and into “Georgia, but,
hin, Ho jasked: about. his wifa und | prisoner and. to them. - Dr, C, N. Dor-| they had the start and kept<it,: finally
ohildgen; and sent .them word to meet | Sette, was present at the execution,ana | baffling all afforts to oapture.them, '°:4}
higaan heaven. He said: “Bury.me by | signed © the statement. made: above, |= Green ‘Braxton had. a> preliminary
the'ehinaberry trees in the field.”. He} Many of those who wore present think | triat in.aJ ustice's Court and was bound | 3: FRA ceaieir-ce ew.
tallyirealized, shis"position,’and gave | that too many people. wero admitted | over to the grand jury, He was’ tried | ‘rhe Strassburgor Brothers |
ond pfithenogroes. a piece .of paper | and had there not have -been .such a | at the last fall term of the City Court,| oe, Heir Qampanion
upow which ~he:ihad written’ his will, | large crowd it is possible that the ac- convicted of murder in tho first .de-|*° Mr, Leo, Strassburger, «
iPhoigist of the letter was giving his | cident of yester ay would not have | groo and sentenced ta death on the | and Migs Carriua E. Dried
wife three head of cattle and nine head | happened... »« 1 Gh ae an Pe gallows, ‘I'he case was not appealed York: will b ied at 7
of ‘stock, besides his hoysehold goods. | or.s, HISTORY OF -THE ORIME. . to the Supreme Court, because tho at- ork, will be married ny ©
It-was full of: endearing expressions to] myo grime for whi Bice torneys found no grounds on‘which to| Avenue, New York, ‘on ne
hig wife and children ‘and beseecbing |... 6 crime Lor which Greon Braxton | raise a bill of exceptions. ene 2's 8] the 28th, * Mr, -Strassburs
her:to:raise them up good children paid the death penalty ‘yesterday was
and’moot him in heaven, 3". ¢=% na committed in May of last year. Itwas} Pon. FC. Randolph, Judge. of . Pro-
“As the Capitol clock struck-the hour murder, cold-blooded,” brutal murder. | bate, and Mr. W. D, Westcott, Shorilf, The
of- twelve, Sheriff Westcott, assisted by Tus ApvurTisen published an account | made application to Governor Seay to
Policoman’ Bolling Young, came gut of of the crime at the time,and the details | grant the doomed man a respito, in .or-,
thecell of the condemned man with shocking in the extreme are still fresh der that a formal plea for a, commuta-
the prisoner: between them, ‘Hand. jn-the minds of the people..." -" | tion of the death "sentence “might. be
enffs were- placed: upon him while in On Monday night, May 27 :1889, Mr.| made on tho ground that tho prisoner
the aisle leading ta the gallows, and as Lewis a Pugh, san. aged: and | was weakminded and not a proper subs
‘the group approached the gallows, the respected citizen of Montgomery | ject for tho severest penalty of tho law.
loud exclamations of “Farewell every- county wee eurdere? at his home near | ‘he Governor. declined to interfore,
‘body! '-.Gaad-bye to all! I'm going to Pine ‘Lovel, The. bloody deed was | because the prisoner had been given &
Jesus!” otc., etc. uttered by. tho pris- done botween 10.and 11 o'clock. It| fairand impartial.trial ‘before a. jury
e | was evident at the time that Mr, Pugh| of twelve of -hig. country mon, .. whq
“ gig uch for hig canny 98 mer affirmed his responsibility. 7b.
ee 3 ine ORES ere uman. devils .who knew his ; : — at lies.
Se SES ON THE: SOAFFOLD. gy habits k home, and: this’ sheory grew | o> LOCAL WEATHER FORECAST:
Serb ag cleared, and the prison. | $tronger an stronger ‘as the case was] ><> °° Qpcupven’s OvFion, SIG) I Re
ver.t a’ worked up, until .it. became. an estab- "\ -OBSERVER’S OFFIOE, SIGNAL foe dat A Big Porlee:
Aa mounted the | rer ea teat «tn tenn babe] os Sureview, U. 8. A. Mr, Rutus D. Shell, at |
hale MS
As stated in yesterday’s ADVERTISER, York now,and his father }
burger left last night for -
oner made the scene an‘, improssive if
not‘a’solemn one, °°
On tho night of the murder the only | _ Monraomens, Ala, Jan, 24.—8 p. m= | Ala, killed on” the : 23d
vepor porson in the house with old Mr. Pugh, Torecast for the noxt 24 hours, ending hog, that weighed 422
‘PGcene that stug- | He sray-haired victim to the assassin’s | at S p.m, January 25, 15W0 os) ean bent ib? ;
d-below oried out, | SU)» was little -Jas.. Pugh, his grand. |e eee Si art, KAIRs Atrio ae ct a bes
sseol” “down in | 800, aged 13years. Little James was}. N, B.—This forecast is strictly local rey
also shot and geversly wounded by the | in character and does uot'repluse tha : gpl
: red-handed robbers, bat his remarka-/ gonoral system of forecasts issaed from ff 2 Md
PRR gioeath gin wea ble pluck did him good service and he | the Chief Signal Otiise,’ but. only in-’ af “") Ay
‘ss Opposite the trap there are two iron escaped with his life” Sess | tended to supplement them;in fact, it t
. “dacrxs, and in them, Jess than twa foot Tho boy was the first to speak of the| js ouly agonjecturo of the woather for Jo ere \ Sa’:
‘from. the-trap, stood the thre daugh- terrors of that. awful .night. . He saw | 24 hours, based; largely oa losal sigas-|.- OnE.
“ters of the murdered man, Lewis Pugh, his grandfather “shot down by his bed-} and on such data as is available ta the | ; reg : Pa Eas
‘and with them was ‘another lady com- side,*‘and.~ after.; being, wounded | Jocal observer ore Rapper S
““panion, ‘Phey withessed the scene, and | bimself he watched the robbers and | gsvcumengmaniin nections ha ARETE ROT
*éontinued + to. gaze upon the form of murderers as they ‘entered *the room | -. irs MOnOral: NOt Oo | :
“ithe dead negro until the coftia lid was | 9d carried the old: mans trunk out| The friends | and acquaintancas af
-slosed upon him. <1 38%. Ret iets into the night, Though wounded and| Mr. and Mrs, A. J. Boil and of H. J,
“he prisoner :.was asked if. :he had bleeding he lay silent and motionjess| Morris and family aro requested to at-
anything to say, and he. said yes... He until the hum of yoicos and the tramp | tend the funeral of Mr, Gell’ trom his
.espoke'about as follows, ry ramb- -of feet that “ran ‘to ‘deeds of, death | late residence, 625 Columbus stroet, at
Sing, excited way: - ogra Rf aan ad and evil and destruction” had died out| 3 p. m: to-day. °F. ene Psa yw
“tsi¢Harewoll, brethren, Um going homo in the distance.. ; Having Witnessed the | exist aayRActe say Raa ARORA RAEI ESD “ aN
me in Heaven. Heaven crime with his “own eyes,, and come “7 so -Ol ithe oe ee y, a fhe - fh
‘everybody, | near being a victim himself, he escaped |- The only genuine Spanish hand ae
Pp es mm IRS
Bay
p
aud rvached his father’s ; hqusq: about F : ny
of, aac ie fener aE Sight | BEG paiere ge Netiocen mal
élean feat, clean and loss of blood, Then hétold the} 5+ machino made goods of which tho
to: heaven with my | Story of that nigas of terrors’. =| market is stuffed, buy home -made ci-
/2"<qrE BOY's TOUCHING sTORY. ~ *:-| gars if thay give satisfaction, Havana] ” | STAN ADRS &
-“Soon after we wout to bed and be- Clippings. the best smoking tobacco in This powder norer varia),
foro grandfather went to slvep, we| the world at 50 ots per pound. Factory | {i%tno Oe eer naa, awl
heard a noise on une ofthe front win-| and sales room, wholesale and. retail, } compotitioa with tha mus
or? dowa, Grandfather got np and lit the| No, 122 North Courk. street, opposito short woigat alam o¢ phos :
ot | lamp. got his gua and stood it by .tho| First Baptist ohureky A ooo ty Sr BN, oral
aX Hee RE. « ; yy. te 2 ON ae ¢
fromthe scene ‘of blood aud, horror) made cigar out of the finest imported
°c) Absolutely
pide teehee
2 ==
3 e
m.
Cae F ae 5
1 » nee -
oe oe died Hk gare Caeeins sce aA ‘aii: peaibeastiltianwbargiicks
ENG: eh
a Saas ees 5 al tlt AS 05.
ADVERTISER.
ef 4 ihe
YJAD MONTGOMERY, ALABAMA
ER
z
:
13 r “TMITT. aoe ioe tt as adjusted, he as- bed jand laid gown aga. AN was SS! PARTIES WISHIN:
a %. i sisting: ~ anpleasant. » duty by.) Gute orsome time andl) was most, ta ‘ :
4s ; . i if aoe placing his bes asloep again when we were startl$d by BUY, SELL OR EX
nds. were ‘boing | like some one toaring off the casing and : “REAL
fastened. behind him,’ when occurred breaking open the windo d matt ke 1
|
i Sse [an accident that seldom has a pariallel: ther jumped up and reached. for }\is Aré Invited to Call or Commu:
the Mur of hangman's day. It had gue ut before he could use it,-10 po Naser ha ca aapigse
SESE ret “intention «of ©; Sheriff naar the window wa aig ath Deciox“A AS. GAL
Beige he ministers present | Tg Saws flash» a slen Sein astts hie! pavreees ae
ath S ay pray. with the prisoner, but hoard: a® .‘gun . shob# rots an
ree: ; before the» hands were properly tied, | thor groaned and fell do y SASH DOORS “AN!
‘the black cap placed over. his. face, or bed... 1 jumped up and one of tho m@gn | =" rected agti i
| the handcuit’s taken: from off of “his at the window spoke to mo and told me}. - GEOL, SMITH &
=| hands, those-who were in the hangman's to’ blow out the lamp or ho would: kill}. . i
‘| coll -gupposing:,a signal) was: givon | Me ‘1 said to him: “If L blow out thie Manufacturers of Sash, Do:
*] from Sheriff .Wostcott, seut ‘the ‘rope light you won’t kill mo, will you?” HO] Gk mmo,, ero:
and 3 ee a _'| Shouted back angrily apd, said: .'Blow |." Prico lists and ostimates or any
Sas Down WENT THE TRAP Agee out the lamp, G—-d d—n you.’ or T’ will | cur lino furnisted ono licatie
oat eo ifate ’ > \qcill you!’ I blew out the lamp nud ran | Of 90d Works on 1 & Rea
with a’sickehing thud carrying with it | pack to bod, and just as T ‘ to es yyy GEO, L. 8d i
| not only the condemned man, » but-De-' eae Wik ines Pee ph Baidges got ad aug 16-dly;,'5). Pe MONTG:
er tae test i hap pave ie was | over and fell down on the other side of |
cet abo " aide pt OM e a Feat; | the bed and crawled under the bed. I). ;
wipon’ bis side rand. moi bones were didn 6 ae regi didn’t say 6 wore ae
ae causo I knew thoy wou mo i ’
es ree, oa. hese bervoitris spoke, “The robbers then entered the
an tt : La Wood: an. led to, .im | room. Theard one of them say: ‘bring | °
Phe wuole thin “eatacived y rena | om the trunk, and if another one rises | -
‘denly and Beane estodlyrthat those ; fee bens ee aa arse a geane es
who were standing upon the gallows, | through tty window. “1 remained ped fs
ane reo Scarcoly realized whet der the bed and kept, still. and quiot
had happoned. gir curprise there | ped on i went off. ,Then Tt gota otee.
they saw the negro ‘swayiug to and fro, Pothout ps Bisary os vee <7 cot wut the
| his lips moving as if, trying” to speak, | back door and ran off in an opposite
fn he body twghing tthe eg00Ie draco a ee cer
: ’ A : . aken,..’I.ran down to an old negr rs
ate _ pooner a slipped aur house, about.a quarter ofa mile trdin
‘centre of tho EE as back 22a? the house, and told him what bad bap= |
copie ot fase ot eRe soya: (BUM and two nog picked Mo UP
cans of wom thro was a ar pu and lped we e eTaigaweg”
minutes the body was cut down and ° When she gece te arg: reached
given vover: to. his | frien gs trom home his father, Mr, John rae sent
Stephen Reeves, . the colored under for Mr. Alford, one of his, pale aie
pen oe eth a oe bad with it mee They examined the boy and found that
cha bod ah ye 3 he was not seriously wounded. He
pies Sr placed: in. the coffid. The veh vas tad Ot er a obhege 5s paces he the
aareen, “Braxton paid given to Chief Gerald, and will be kept. pea sarin apotocn net ana onatal "Asal
penalty. of the law yesterday int the | at Police headquarters in tho museum | wound,.As soon as they could leave
wana one RE TOR | a baa sobs fa eat |e Pugh pany ihe mene, of th
A = : obn Pugh went to the scene of tho
12 o'clo ais) 8 ie Pugh Caco Fae _ srlends | mutsesene robbery to see. what bad
Satter hanging 11. minutes his heart | poay was then taken to the country in yetailen he reget My, ane
“ceased to, boat, and ine twenty minutes | 4 wagon for burial, CER Rn Fogo. h ab oy ‘ay ber ae ie you
A be was pronoun ddead by the Pp ather had been shat and woun ed,but
; diqns'present. .” Se Pye peace.made out the following form, " 8S} alive. ‘When the. men reached the]. the Ofice oft
i" “YHjs body was then cut dowg, turn d required by; law: 25 *%2S0 ~ sev ~ 5.) honse and entered the old gentloman’s dant aero st
ik eee :
OR pea ew ve
DQAQtaT ewe
\EF, THROUGH
2
————
ME
rth Scone.—The:
Listory of the Crime.
acai acl Yee Hs
‘A DULL'D
ee
‘trap W ght minutes
112 o'clock. ie
FOR NEWS WITH THE f
pret ar
y
78h: The physicians ‘and. justices of the | did not know whether he was dead. or | Organization. ‘of aNow Re
cS County JAIL, ee t -} bedroom and struck a light, they were
MOonrTGOMURY, Ala., Jan.-24, 1890.) confronted.. with a ghastly scene: ‘of |:
| icWe the underaignued do horeby. cor-| death." * bab Re enen ae + Page Be SEY
tify that we were present at the county |. Mr. Lewis Pugh was lying in. a pool
‘to his friends, and was carried to
his bo
pot Accommodations at -
=e cerca MI LY S8't.*
me in the country for burial.
QW’ HE: SPENT ,THE “NIGHT. ‘7!
i the orga!
~® Whe prisoner-had a good night's rest. jail, of Montgomery couuty this day to | of blobd where he had fallen by his | Gurley’s and Paint Rock
“bere was no-death watch placed upou | witness the execution of Green Braxton bedside, dead, ‘I'he entire charge of | Gieg 4 :
“him;and as the night. watobman made | a prisoner confined therein, "and here-| shot from the assassin’s gun had taken’ oe ane office of t!
Hivtounds be poticed’.that the!con-| bY Cosisn Ve fined food thg execution | effect in his neck, and death mon’ Deke Bintan She, orpee ine ae
Saonined: man ‘slept ‘soundly,.no doubt of said Braxton pursuant to his. sen- been instantancous, ~The neck’ was | on the 18th instant, ane
re ‘areamjng,ot hig wife and children,;with tence and ‘that ‘ho’ was . bung by the ipeeys i a amy and the heed #: board of directors was ‘
reaming; Ob Bas hehe oe »} meoican sil he dy dead. ep jase eee | MOS severed from the body. Clay, Wm; M. Maples,
ttle “thought af “the <poor old’ man WESTCOTT, ~ It was found that the outside casing’ :
“sqhom “he-had ~helped. to usher “into “ane Sheriff, . F, <B. Gurley, We. 1
i
‘lof the window had been torn off, and; a
then the window was forced open. ‘Tho Butler, J, ‘P, and H. P. \
j
gtornity without a moment's warning. © H f ‘
} ST rose: clear “andsbright Sisk * Clerk of the City Court. old gentleman’s;truuk was found near | I. Walker. BE. B. Walk:
UL bye 40 ra: wok ho 8? ‘to a 3 SB tat W, 8, STOKES, J. Poh hee is the house, whore the’ bloody robbers | secretary and treasurer.
ght po ray = oF Depew me Vena J.R. Jorpan, M. De had broken it open and leftit. The -). ANNIBTON’S COM:
J} robbers ovorlouked and left in the |” : ;
=D, “| trunk a small pocket-book which con- The Anniston Times }
Guas. K. Donoan, M. Doe): tainod $145, qostly: “in greonbacks. lowing letter from Pre
B. R, Pearson, M.D. 2 That was the pocket-book, which: tho | of the Railroad Commi:
Sosa Stal old gentleman always carried when he 2. MONTGOMERY, -
“denned man. « He ate no breakfast, al- ee B,J. Goopwyn, J.P. °.
} =though solicited to-do so, and refused :
} <a‘drink ot whisky offered him. Brax-
Stou ‘seemed: to fully 7 appregiate . the
: UT AGA em ponnae enor Sa 1M, L. Woop, M. D. M
@&but 107 o'clock yesterda: morning Wilf. Kenprick, M.D. *-| came to Montgomery or went to Pino | M. A. Smith, Esq’, Pa. ‘1
Ww. G, “Alexander and Silders Al: ‘GLENN ANDREWS, M, D.<i. | evel: to male - purchases. © Ho had Fron, Novy ti
Setock, Washington, Foster and Weath- ‘J. HJ Narren, M.D ee; dropped it into a separate place and the| Dear S1r:—I am this
9 jngton, colored ~ ministers of the vari- GO. N. Dorsetre, M.D... robbors did not find it. But thoy found | ceipt of a copy of The
; » | another large pockot-book and sovoral | of the 17th, inst. conta’
yus church denominations, called at his ‘L. J. Suiney, J. P. |.
alk and. held roligions services and ad. } = ie Jas. Lemans P, “sseets small bags containing gold and eilver. |‘onable and just compli:
} olstored the’ owls Teappor te lm | Tuere was ares rs Grou peopl ho bags bod Deen eppuod a Set i nudegant, parsons
“Di Ww) land 4 4 phe ‘f 5 least seventy-five or.a hundred people | ¢), A doliare. "38 s got ‘several | dations of the Kast Ten
ander. Soe PW aabingt net aud amidst the hum of voices and con- tr La SP _ cot this ott and Georgia Railway (:
; tay aa Seth enol ike fusion it will probably’ not be “known itine hel ye Aoi one of t o eldest | city of Anniston. ~
swascexborted Oy me ministers to make | how the premature cutting of the rope | 2“*n> of Montgomery vounty. fo |. The facts as stated by
Laer ia eo seaees 4 Pe happened, sg ir ees wee 1 a yen a Poe and ey Pay in |'to us, and havo had our
sa aathe truth me sod yi her ont rere O58 might have dropped their to this nty orerrom Pikeand settled te De oe myiplousure: at
a eand ver. “yauch . broken oe pis handkerchief accidentally, out- any” | the Pine Levol nel hborhood whoge No there is no dilfersam
Fovas-were — ex peeping a his way vhe man was dropped bofore the raixed a family aon, sea leaed nom: tween yoursolf and the
See etvas convulsed rh hte Sheriff was ready, ‘and a serious accl- r orable property. He was a 4 Anniston, ‘and the Kt.
SGnerif . trom emotion. | dent to Deputy Parks came near being ; property. Was & SUCCOHS- | sionors, a8 to tho char.
Sheriff Westcott gave him a now suitof | the result. When the trap was sprung ful farmer and in good circumstances, | senyor depot accom
clothes, and a black neck tiey which he. | th il F and was ostoomed and respected by'all| ought to have at Ar
a ton ‘early in ‘the morning and then’ ae ee ocsee who from tt tall who know bim. ‘The manner of his las Aa bolieve a ehat
a death was peculiarly sad and shocking, | you now complain of,
“be folly realized that his ead was near | and the effect of thoir wild. screams ;
“andoried bitterly?’ wy ey “& | was thrilling in the extreme. 2...) | wi BROUGHT TO JUDGMENT. | at an oarly dato. “..
*BSRWhile » owaiting > for Seat t om es) as Within a few days after tho murder dais
oh a Sere ME cites Reet ae as : , Without entering ir
Ae Sag axcoution ‘to’ V2. arrive = TAS SeePoS QUYSIDE THE STREET. NO. Gy" | WAS committed, a number of negroes | have simply to ‘say: ti
“guiinister >»stayed. by -his> coll and ., There must have “been. fully. one | who lived on Mr. Pugh’s farm and, in| sioners are unanimous
Ry PAKS: with bim. He prayed aloud thousand people of all ages, colors and the neighborhood,. wore arrested ‘on | that suitable and ‘proj
‘ Yhimself,: in that dreary vmonotone 90 sizes, gathered “inthe street gazing suspicion, among the rest, Groen .Brax-| pot accommodations +
Pais pray with “negroes of his class. with oager eyes dnd. straining overy ton. who has?gouo to render uccount of | jn the very near futur:
# aa ach oe ok
oh
" te prayer was,‘ pathetic cat times, his faculty to hear from those within what | doeds dono in tho flosh at the judgment ay ‘Yours tru
“anifid dwelling’ mostly:on’-his wife and | was going on.“ Nor did: they leave | bar of Him who judgeth in ‘great-lovo |: + % *. HENRY
br ildren. |The sentiments of the hymns until the wagon containing tho” body and mercy. An investigation in' the | 2.55.3 a 93)
2p abtg wore explained -to him, and ‘to | Was driyon away, and then tha’ many courts developed the fact that: Groen | “2 :
which he gavo his attention, ‘but most colored people followed it, impvlsivoly | Was-0ne of tho murderers, ‘Tho ‘Other i. 4)* Nip srpeeaceel ay fares
Cea ties, his body swayed to and | drawn by that strange morbid fascina-| Besroes who were arrested ‘with “hin, |: Cha les Flammat ws
: : sy te pace L wero finally acquitted, John aud ‘Ans, mooted: with the: pe!
i Ai al: Grin : t2ha,Q9%h Se
;
ovthing of a oo nature was de-
sloped during it.
“Wilmer Sima, of Toulminville,. a white
taxicab > meee testified {that Saxders
ame to the P. O. Garage at-1:30 o’clock
foot¥and, left~ with -Fisher Brooks’ in
:rooks’s.car. ~Every’“ other ‘portion © of
sims’ *testimony except this was corbor-
tedsbyy. Sanders. and witnesses for the
cefenses Seip sae eat
Acletter ‘was put in "evidence by Solici-
wr Clarke, who proved it, had been writ-
en {by “Lavenia Hudson. \ keeper of: the
coming “house’.at. 313 North - Royal, ‘and
igned=!313; North Royal,’! telling Sanders
hatstheevidence-of/ the alibi-that he
vasvat-her house. at 10:30:Sunday night,
‘Taye “2Q,..and‘slept’ there all night, had
en i gacured. from: among .her. roomers.
“nisdletter” was in-answer to one .from
‘anders,--written to the Hudson woman,
king fher_to. get-up evidence”for_him-
\fterg¢its:infroduction,-» the.”.*defense,
“hie was ‘conducted Swath” “aggressive-
ess by. Mr. McMillan,” “devoted ‘less~ at-
ention:to the alibi and more’ to Fisher.
irooks’; testimony, Here is the - letter: ff.
are: Mobile, Ala., May: 32, 17.
Albert Isreceive you letter Ise far as
hegtruth “we will. tell it in> the’:court
nd;wehave-told Mr. Lacy and others
hat: you. were home.about 10:30 on Sun-
‘ay night.- “You have ‘Thomas Sutton and
orena~-hudson ‘and:-truda. Claibon. and
nna:¢Hudson to": ~edinifie “when they
omesfrom : church and you-was:at home
iaying swith .earley‘and Lanrena.Hud-
on -awaken~ you’ up ‘Monday morning
bout ‘8<or halt pass Room No, ‘2.° “
(Signed) *\ 3, + 313.N. Royal St.° /-
‘Three/sessions- of the. court. were held,
re “one<'at-night being : less ‘important
ian the other two.. The argument will
@ presented.this morning and. the ok
ill, get: ‘the’ case this afternoon, i ,
n
Frank: Rood, “deputy “sheriff, Perantes ito
he county bridge’ ‘over Chickasabogue ‘on
‘riday; May “95... He found blood and hair
n the bridge. - No cross-examination. .
Jack - Lee, recalled—Did : not. alter Ale
ertet/Sanders’ ‘clothes. when he’ found
nemseThey , were ‘turned’ over to Sheriff
ioleombein: the’same:conditidn in which,
e foundthem at Sanders’:-house.”. He
ave-the ‘clothes to Deputy Rood, who
laced- them: Any, the ane and, carried them
> the: Jail.
Mr: <Rood, ‘recaileé alt. of receiving:
1e clothes:from Lee. --He did? not ‘alter
clothes, did not put “anything on them.
Cross- examined. He-told of finding the
‘ood’ -on” the bridge. -Scraped the blood
ff of;the= bridge with his knife on. to a.
aper: ‘held’ by.;Deputy Holcombe, © This
‘as ‘on Fridays. Ce clothes were aay ge
a Saturdays \*:
Examined by Judge” ‘Leigh—Said he “had
9 blood_on. ‘his: hands when: he handled
ne-clothes.’ id Cte gp
Examined ~ oe the ‘Solicitor—Said » that
ne: blood -was found on Friday.: -It: was
-led ‘and had to be scraped with ‘a knife.
“hen he'got Sanders’ clothes: they looked
s ifs they had been ; ;Washed me -Tough-
cled. AS
Deputy’ is ny ‘Donahue—He *got the
.othes fronr Lee and Sanders at.: 2:30
unday’morning,- wrapped them up, took
iem? tow. Mr, - Holcombe’s ‘room ‘and
irned» them‘ over’ to. him -later,.in ‘the
‘orning. "Identified the clothes...
Cross-examined—Mr. Rood and Mr. Lee
ave-him the:clothes in the jail. | Patches
ial yGut out ben, they
ote ‘the’ clothes. until - “they. were
Sover “to” Dre. “Thames. © “The: ‘shoes
ere kept: by. Jailer: ‘Betbeze.." "Phere was
9 alteration in them*from-the, time he
-celved ‘them‘-until* he: ‘gave them to Dri.
hames.2-"4 Atk 14e8 SE ¥ eke ere eae
Deputy.’ “Donahue Did ‘not’ alter”°.or
hange “the ‘clothes © while \they. were. in
tr, Holeombe’s: room. 4) TRL
Cross- gremined-Rald when ‘the’ clothes
STREBSDIcd. Friday evening “July? 20,
‘17,; atw5240 o'clock, MEVA C.. relict of the
te August Streb.
Notice of, her funeral will ‘be: ‘glved later.
a ee
as a Po
Dixon | ‘&: McKay
UNERAL’ DIRECTORS:
Nig spp Corner: St... Louts, and
ae #Jackson Streets.
“Both ‘Phones to’ “Office.
Pt
and give him 50 cents. Law Sande « and
Brooks drive away at 1:30 a.m. Bic mot
the 2:30 train. Did not see Sanders there.
Cross-examined—Mr. McMillan asked
hirh about his testimony. before the coro-
ner’s jury. There was a'conflict ‘ere.
Sanders’ car, a Buick,. was stinding
across.the street in front of Frank Boy-
kin's office.: When Sanders left he got
in his Buick with Dickson, drove up St.-
Joseph ‘street and turned into St. Fran-
cise. ‘When Sanders’ came back he was
afoot. He sleeps in his:car.. He did not
that’ Sunday’ night.* He seldom -goes to
sleep until after:;the.\2:30-.train. passes.
When he does not sleep in his car he goes
to Toulminville to~sleep. --Sanders~ and
Brooks left the garage at. 1:15 a.m. in
Brooks’ car.’ Witness sent to B. and B.
Cafe and got: supper... He. never «saw
Brooks again. .Son -Hunter “was at zthe
garage when he Jeft for. supper...
a ee eT H: OF fom OTMIEE AG
Was “Seen Later at Garage. eae j
‘He “saw ‘in’ the ‘News -Item that “the
police * had proved “an‘ “alibi for. Sanders
that -he “was” in- bed: at 11° o'clock’. the
told Mr. Pat Byrne what h- knew about
Sanders being at the ‘garage at that hour
and later, at 1:15 o’clock. He heard noth-
ing said by Sanders about Mrs. Hess:hav~-
ing a bunch ‘of money. .He would ‘have
Te it if anything of ane Sort. had been
8a. Ae ey F 4c}: as
Rebuttal—Son Hunter’ was’ ‘the’ “night:
boy at the garage. --He never caught him
asleep but once.-> Never> saw-* Hunter
when Brooks and Sanders drove off. ¥
Porter Gainey, the soldier who was‘on
duty at-the Southern Railway’. bridge
over Chickasabogue the night Mrs. Hess
was murdered.- He heard the car blow
about 2:30 as it nearedithe. bridge. This
was about? 2:30. a.m.’: Car crossed the
bridge and went 25 feet on the other side;
stopped, backed up and turned to’ the
west. ~The lights flashed out. into. the
creek. The car stood there about 10 min-
utes, started up and crossed. over- the
bridge slowly... He heard the splash, then
two screams, “like .a woman's and the
car speeded up and went on back. toward
the city..: He did not think the noise was
made by the.clanging of glass. “He went
ding.: Four days later he found the body.
and helped take it-from the water.
It-was a woman’s body, the throat had
been cut and the body was puffed up.
Cross-examination—Deniled he _ test!-
fied.at’coroner’s inquest thaf engine in
‘car stopped while. on- the’ bridge. © The
body. was found near the north: end of
the, bridge. It was a. very dark night.
Negroes In Close~ Conversation. ** ‘
“Dr. FR; “Sherard—His office, 67 north
Jackson, street, on Thursday, May 24,
or near.that‘’day,: he: saw.Sanders and
Brooks -in-. conversation.’ ‘They -‘. talked
together five or’ six minutes.»He did not
hear what they -said.- About: 12:30 that
day. he came ‘out-of: his: office-to get in
his ‘machine. He -heard someone call
to a negro driving a-car in a hurry He
saw a black negro in his shirt sleeves
run out and get in the car. The two ne-
groes held a-close conversation for five
or ten. minutes. The man driving the car
was .Fisher Brooks, the other man was
Sanders. When they parted Brooks drove
off very rapidly, south.on Jackson and
Sanders Walked | sonldly. ‘north on! Jack~-
son. ©
Frank Moshe, “the. undertaker,’ tofa” ‘of
going to Chickasabogue on the 24th of.
May and getting the. body of Mrs. Hess
- out of the water, She was dressed. in a
blue. silk. dress,’ white collar and white
shoes. ‘Body. was carried to, his morgue.
Dr. Thames and Dr. Madler. made an. au-
‘topsy: that afternoon. +7. P77 *%s
Cross examined, relative to. ‘the wound
on: Mrs. Hess’ neck..Mr, McMillan :kept
on: calling’-him -doctor-and' Mr. Roche
said: “I’m no doctor, , I joome: after the
doctor.” i 3
By Judge Lelgh—Was there. any money
on the body? *
‘Qualifies. as expert on Blood. ©
Dr, Eugene Thames—Examined as to
his ‘ qualifications as< an‘expert.:He is
now connected with University’ of Ala-
bama in charge of laboratory. analysis.
Has had considerable experience in mak-
ing blood, tests.. Has a- laboratory in
which’ he works. Performed post mortem
‘| with “Dr. Madler* on® body‘ of ‘Mrs. Hess.
This ‘described in detail.: Body. had’ no
blood in: it. -Jugular-vein- was not “sev-
ered but.a number of arteries.had been
severed. ‘She was killed by chdking and
cutting. She “could’ not have. drowned.
She could not have screamed when her
body. was thrown from the bridge. ~~
* He examined the clothes and shoes of
Albert Sanders. He cut finger nails from
Albert Sanders. He‘cut the pieces out
of the coat for: the purpose of testing
for blood. Took ring off of prisoner in
the cell. Tested all separately. Out of
eight pieces of finger nails he examined
seven gave positive reaction in’a blood
test.. Test onthe ring. suspicious, On the
coat two patches gave good strong tests
of. blood. Other: patches. gave weaker
tests,. which he would:hardly say~that
rr mi P
to the scene at daybreak, but found noth-.
jthe case.
vjing -a
“{there -
LOE BE
and took off tho clothes and haned Ahn
tell hia wife to have them cleaned, Iloard
Sanders' wife say they had been separn-
ted about three weeks. .Saw. no bottle
on Sanders. Told him ha,.was;going to
get a bottle of: medicine: to sate home, to
his wife. '
Rebuttal—Sanders* “wife lived on ‘pele
gress near Broad.’ He lived on Royal
street. Saw Sanders Monday morning.
He had on the suit of clothes that morn-
ing. Sanders had on the ‘clothes fn evi-
dence. when he. went to his. home. with
him. -? <3 1% i ie DER Nags Ss
Lorena. Biadsot-Lives at"i313 ° North
Royal..":Was running -boardjng. house at
that place on: the night of May’ 30.- San-
ders lived there. He came in after 10,
ate some ice cream, cake, and, fish. . She
woke -him up the next‘ morning. "Her
sister gave him the food. F
vre teas oY yat>er 20.0.0 ii = ENS
Ni Never “Arrested For Vagrancy. ©: pre ei 2
"Cross- Examined—Said she “didnot. run
a sporting house and had: never been ar-
rested for vagrancy. Identified letter sho)
had tt \
night Mrs. Hess was murdered, and he jail. belt on, Sanders.’ aes Pe. ime sin
Th letter was in pecnatens to one San-
ders had written ‘her from the Montgom-
ery jail to get up some evidence for her.
In the letter she said he arrived ‘at her
house at 10:30 Sunday night.» She never
saw him again until she woke him the
next morning about 8 o’clock. Her gister
went upstairs with Senders when. he pees
to’ his room. ~%<~
“Another letter was “shown her and she
could not identify it. Said sometimes she
wrote one way and sometimes another.
She didn’t see Sanders until he got! into
her house that night. os
Anna Howard, colored—Lives at 313 N.
Royal. Lived: there ‘May 20. “Was there
that night. “Albert Sanders was there!
when she came in, Didn’t see him eat-
ing supper.~ She didn’t know whether
raped slept. there that, night,: igs
me BE ~ ap:
° ve “<
Letter Fixed Date! In Her Mind.
Cross Examined—That was7 her - first
Sunday. at’ church here and she sat down
to:write-to her “mother. That’ fixed. the
date in her*mind. She hadn't :talked to
anybody ‘about the case except the white
men..who came down there to investigate
She was present ‘when the
letter from Sanders-came. She‘ heard, it
read by. Loreria Hudsox.: . ;y\' ae
‘Early © Doolittle—Lives at; 313 “Royal
street.- Works at Mt. Vernon at the in-
sane hospital. On May 20 she was stay-
313 Royal. Saw Albert Sanders
hat night. It. was about 10 or
10:30 o’clock. Ate cake, ice cream,and
fish and went .to bed. Saw him the next
morning when he came downstairs.
‘Cross Examined—‘‘You are peters SOR:
ders’. woman?’ ; : ¢
“No, sir.""- n
°Q. Didn't ‘you “tell Mr. rack Lee that
you ‘slept with Albert that ‘night? :
z:A..No sir. He's a married man’ and. l’se
a single woman. **
“Identifier letter shown her by ‘the- so-
licitor.as one she got from Sanders while
he was in jail at Montgomery,
‘Trudy Claiborne, Ccolored—Lives at 313
North Royal. ‘Lived there on night of
May 20. Came in from church that night,
Didn’t know what time of night it was.
Albert Sanders was there, ., She never saw
him again. Ns NZ,
Cross Examined—She had /been. “to
church with .Anna Heward. “She: had.
talked to some white men about the case.
his at told them. Sanders Deemer up Pee
s car. i Seer
Sonies She Knew) of: : Washing. a
v“Amelia .Sanders—Wife™ of ‘Albert’ Ban:
ders.*.Had been separated from hushand
three ‘weeks. » She kept his clothes. Iden-
tified the clothes in evidence as his. Re-
ealled when the officers came after the
clothes. ° He had brought -them home
Wednesday nights May 23. ‘Left thern
Isying across the foot of the bed. She
put pants in top of her trunk and hung
coat on hanger. “Were not wet. Did not
know if the clothes had heen washed.’ He
never told her to do anything with the
clothes. ° Never saw Sanders with Fisher
Brooks and never heard him’ mention
Brooks.. Saw no blood on the clothes. -
Cross examined—Heard that officers
were at her house but was not dodging
them... Did not itry to run from them
when they came after the clothes and to
search the house. Didn't know the Doo-
little woman until ‘she got arrested. ‘She
did not change the clothes at all. »Albert
did not bring. her any, medicine. about
that time. ¢ __
Chief of Police Van Liew—Was chiet of
police on May 20. Complaint had been
filed at police station against Sanders in
an automobile accident.
Officer Murray—Verified fact that com-
plaint had been lodged against Sanders
for running into young lady. Went to
P,. O. Garage on Sunday night, May 20,
about 10 minutes to 12, Didn't see San-
ders there. Saw two colored boys and
Wilmer Sims there. One of the boys
was . Brooks. «He asked Brooks where
Sanders «was there. . Brooks .said: ‘He
has just Jeft here.” Brooks was to turn
up, hae nears Sanders for them.’ .Had'no
Sanders car was tf
those daya. Sando
days. An axle warky
taken off. Panderdh ih 5:
McKenzie’s wagon Paw
Sanders -rad his ch
door at 8 or 9 o’ck
garage ft» im realit#
Cross examined-(e
use worlime clothe
ders carried the ay
how. Didm"t know i
Never saw it closet
\Rebuttal—Sanderfi
pee Ne separa dr
river's opts 1-
wheel. ae ry
“Sur retunttal—S Pot
to right heel wax
Charley, Robinsg
Motor Car Co; ong
Sanders” car ‘wa
Axle. had tobe f
off. “It was es
69. inches long. é
the axle down, noq ¥\
wore...
, No. cross Facial :
“J. ‘A. Rebinson,
tor. Car ©o.—On 'g
ders rented car, fr
was in. Miller’s :sh
had to be fixed,
Kenzies. “Don't kn
ders wore that .da iim
carried axle to':M ge
ders there -when : h¥
Monday at 8 or 8:5
Sanders $12 on* Mo
a tag for his car.’ ‘
from him and was.
daily earmings.*
Cross examined—
fellows fm the sho
their clothes while
if Sanders carried
zie's 8. Xai aS
: at «3
Sanders “Takes ‘Wit
‘ Defendamt takes st
Mrs. Hess at the deg
down to the hotel.. !
train porter, ‘brough
When he got tothe
facing north. “‘Goat’’
was to tale 2:30 L..&
down St. Joreph: to :
Royal, Reyal. to hot qe
first, opened door foi
sgt out, beth on ther
pay him,.as he was c
the late train.” Nothi
about him coming for
on the way down. Pa
wheel, newer saw Mrs.
money. ° Didin’t-collect§
wanted to be sure o
Leaving hotel he wer
Co. and got Tommy I
to Terminal to meet
train. Got mo fare tike
Bloodgoed street and ;
woman amd carried th
supper amd went by f3
ored fellow, and carrie
Got four fares there 4&
down the bay. All but
bay. One got off-at
Francis. Went back to
Cobb, took him home ag
Pike for Tommy Dicks
to the P. O. Garage. Dif
‘Wilmer Sims’ taxi,. go
Son Hunter and \Fishe
there talking. ‘Hunter
that polfee were after
there for kim. In: afew
tectives drove: up. i
rd & per D> me :
Sanders Ran From: : The
‘Didn't kmow what ‘tim oy
Thought... they were w
train. | When he,’ saw rm
ran: back -fim: the garage
and Tommy Dickson’ we
the way. Al of them g
a car back there. «Had
with anyome in the gara
lice got there.Stayed i
minutes. Sims told ‘hi
wanted him amid thet Fis
police he wasn’t there. "
er and said: ‘Fisher, yo
and get the lady and col
me. I am going home.’
garage with Tommy Dic
around to Miller Motor
and put the the car up 1
to the shop. Saijd nothing
Brooks and saw him no 1
He went on home to 313
Dickson parted with hi
St. Louis streeits.. .Never. s
we
about. three weeks. Got thz
and 11 o’elock. Early Dool&
another man and Lorena
gave. him some cake, and
fish, and he went to bed.
man came in while he was
to bed between 10 ‘and 15
eating. Slept there all nig
about 8 o’clock next morr
Miller's garage, got running
cath and carried ‘it to M
Company, came back and
and put ft on his shoulder 4
to McKemzie’s. Had his coag
Saw Fisher Brooks Mondafs
had conversation with him.’
for his 50 cent fare and d&
Not oa) sreage with ae
T
pis
tes ‘ Pe ES
By
HE “MOBIL
1
ETREGIST ERS “SATURDAY, JULY.
21, 1917.
testrous *of |:
o aviation
s’ srweserve
a recejved
Richsin?a
signal offi-.
The’ letter.
ildaten: Stor
undamental
ind. fessen-,
de in*your
ates,t fAv~
- must“ be
ble perfect
alert, “aad
ral’ educa-
ical -lines.’’
been* fixed
1 at-thirty
ef any“ap-
by ane of
3 stationed:
throughout
ant HP So”
all secured:
the clothes..
e / got’ pos-
ay evening
n-.Sanders
tontgomery.
nd» clothes,
‘n inca’ bdas-~
1 until: Mr.
ea them ito
' them,y.:
thes pasket
‘fleecin the.
1, Bee
dyer: we, Sand
years in.
ne » Sanders
ad ‘been “wet
i ‘ofyinner
splayed. sit.
ae¥ ast Fert
wv WAS. ‘hat
va Built: had
Space
ood: wetting
3 it. dis; now:
ate ‘
say?20. Saw
that: night
‘About "12
urrays came
trooks and
‘to the-rear
ckson came
wage “Sand
d not. know:
it backiand
r and: drove
th ‘Dickson
1:15: alone.
ut 1:30°said
; offered to.
ders:'say,to
také to the
lect’a, dollar.
Sanders and
in. 2Hesmet
nderg there.
Qlan ¥asked
re. the, coro-
nflict “here,
s » standing
Frank, ‘Boy
leftyhe ‘got
lrove.up<St,*
o StoFran-
ack: he? was
He; did not
lomygoes;to
raln:; passes.
carhe goes
‘anders® and
{:15 “acm. sin
«} that, in» addition -to other. seers
“1 his ell, in‘ the county. jail,
‘l'the reaction'-was positive. Of the shoes,
two examinations: gave blood tests. He
could see-in the light spots on the shoes
gave
2 ‘ Ga
Gue ‘Coat “Th ught- ‘Bloodstalned.. EES
“ Cross-exarhined—Cut ‘up “the - “eoat.. ‘He
found’ spots ‘and, cut’ them ‘out ‘for the
tests.”Did-not ‘cut the pants out. Under
ordinary .circumstances {if a man had
dried blood on his hands would not con-
taminate. clothes with it: If’ the “blood
is /communicated.with *the clothes and
incorporated-in it,- the ploot test: Would
be the .same.*27 (if eh S38
“Q—If that -suit— had’ ‘been put” on™ ‘the
peat of an automobile that’ a week be-
‘| fore: had -carried a.wounded man who
bled very profusely would not that blood
though probably old, shave. Sse -yecr aes
that’ sult? * <1" 4s424.-
~‘As-If the blood was~ ‘ary Y rs not be-
lleve -it = would have contaminated he
suite, Res a ae alae faa =
Qcan you say ~whether the ‘Blood ‘you
found was human--blood? .2>\*
~A—In- my % Seapeweiae Ate: was “human
blood. -
Mr. MeMillan ‘carried ‘the witness over
the ground: of. his.direct examination to
establish ~ the: “facts that the . _test. was
made in*a- hurry.
‘The ‘state rests. «* ‘ (ie
Court - reconvened’ at. 1:30 " oelogk and
the defense - put Tommy Dickson on the
stand.. Tommy had tobe brought out i
Left: ‘Geraas In “Sanders’ Car.:. Seas >
+'.Witness lives ° “at Jackson and Conti
streets. - Went to ig 'O. garage on Sunday
night, “ May’ 205 “with, “Albert. Sanders.
Found .Fisher- Brooks, Son" Hunter, .and
Wilmer Sims there. He and Sanders had
come from the Pike, on Davis: avenue.
Didn’t know: what hour of the night it,
was.-. Some of those present said the
‘| police or. sheriff had been looking for
Sanders. *.Police came to the P. O. Gar-
age that night. . Sanders, Brooks and
himself went back into’garage. He and
Brooks came-out front. .‘Never got with
Sanders any’ more.that night.. After the
officers Jeft he'left the garage with San-
ders in. Sander’s car. They went = to
Miller.~ Motor .:: Car’ Company’s. garage,
drove’ the car up the alley there and left
it,: coming’ on: out. Garage was closed.
He walked to.St. Louls and Royal with
Sanders. *‘He> came. on back .to P. O.
Garage and Sanders north on Royal. He
saw no one but Son Hunter at the gar-
~jage. Didn’t know what time of night it
was.. Went’ on: home and went-to bed.
Heard Sanders‘tell Brooks to go to- St.
Andrew and get-a lady. This was after
-|the officers had left the P.O.) Garage.
Said Sanders feared the officers:and gave
that as,reason for not making.the trip.
Heard no one say anything beri Mrs.
Hess having. a lot: of money. :
ed , a OO O..:
Often. Rode In Sanders’- Taxt. ©: ae
Cross-examined—Rode a great Tdeal
with Sanders on ‘his taxi.” “Very intimate
with’ Sanders. “Joined Sanders that night
at Wood's garage.’ directly after. he came
from; the’ hotels ‘.Didn’t know that he
had ‘been to-the hotel. .Saw-Sanders the
next’morning about 9/at the Miller/Com-,
pany’s garage..-i When -he “went by the
P.O; Garage he didn’t’. stop. °: Witness
Identified shoes and clothes as ‘Sanders’.
Was with’ Sanders when he went home
and took-off’the:clothes ‘and- heard him
‘tell his wife to have them cleaned. Heard
Sanders’ wife. say -they had been separa-
ted about’ three «weeks. -:Saw..no bottle
on Sanders.:, Told him, ha,;was:going. to
get a bottle of: praediolne, tic take home to
his wife, «iv. -Hay 733 Peery Seana al
“> Rebuttal—Sanders" wife lived on Con-
gress ‘near ‘Broad.’'; He lived: on Royal
street. . Saw- Sanders . Monday - morning.
He had on the suit of clothes that morn-
ing. Sanders had on the:clothes in evi-
dence, when -he. went. to. his bome: with
Aimy 2 Sagat ee teas wy x
Lorena’ Hudson—Lives™ at 313° North
Royal. “\Was ‘running boarding house at
that place-on the night of May’ 30. San-
ders lived there. ,He ‘came in after 10,
° B,.and B.
never saw
was' at: the
DOP ye
ee sc
m that: ‘the
fory ‘Sanders
° ‘clock: the
red,-and ‘he
knew: about
‘t that: hour
heard noth-
‘. Hesashav-
would ‘have
ort had: been
« the ‘aight
caught*him
iwi. Hunter.
vO, “oft. PRT
ps). hee on
idge
ate some ice cream, ‘cake. and, fish. . She
woke -him up ‘the next: morning.’ Her
sister gave him the food. . fax it
ate eye GA Stay 7 CnO.O, - A
‘Never. Arrested “For: Vacraney.:
*Cross- Examined—Said ' she did ‘not run
a ‘sporting house’ and, had: never been ar-
rested for’ vagrancy. Identified letter she:
pees written Sanders ’ while he was ‘in
al
The letter was “in response to one San-
ders had written her from the Montgom-
ery jail to get up some evidence for her.
In the letter she said he arrived ‘at- her
house at 10:30 Sunday night. “She never
saw him again until she woke him the
next‘ morning about 8 o’clock. Her elster
wont upstairs with penaers when he went
to his roomien! 4h Wa epeTe a an gt
Another letter was ‘shown her and. she
could, not identify it.~Said sometimes she
wrote ‘one-way and sometimes ‘another.
She didn't>see Sanders until he Bot! into
{her house that night.) 6474"
<tAnna Howard, colored—Lives ‘at 313° N.
Royal. ‘Lived: “there May 20, ‘as there
aaa’
s} that cnight,: Albert, Sanders was there!
When? “she came’ ing Didn’t see ‘him. eat-
i Aloce slat’ ~She<didn’t know ' whether
te per ight. 23%)"
ee 30 oS io. Divt nights ok}
GOLF’
Toff.” It was fixe
‘if Sanders carried: the ‘axle _to sn a
HAMPIONSHIP
LA YED— OFF
TO. “BE.”
* Local’ poiters are. muth interested in
the championship contest which is sched-
uled for this afternoon: on the links of
the Country Club on top of Spring Hill.
President George Fearn, Jr., stated yes-
terday afternoon that the committee in
charge of the entertainment features have
prepared for dancing in the afternoon and
evening for guests wha do not care to
follow the players’on the: links.
With reference to the‘entrants for’ the
1917 championship it is stated that they
are all well up in the game and because
of this it is expected there will be some
fine play and close finishes. -The matches
in all three flights for men in the finals
and one flight. for women, will, be con-,
tested- by the’ following golfers: re
“For champion,* Messrs. K.) C.: Herndon
and George Gage; second flight, Messrs.
C. W. Hempstead and L. J. Davis; third
flight, Mesrs..W..K. Syson.and J. S.
Taylor. The first flight for women will
be: between: Mrs. -W. Ke Syson_ and Mrs.
T. C. Booth. =f
‘A large gallery is proposing ‘to ‘follow
the contestants about the entire course
and will play a prohibition “Nineteenth”
hole at ‘the club houseiafter, the finalm «.
conversation “with Sims that | “night.
Brooks -walked ,up the| ‘street with gene
LE SR OO O RR :
Car Standing - In’ Front of Garage.
- Cross > examined — Saw ~ car. standing
across.’ the” “street ~ ‘fr 7m. P.iOs) Garage.
Brooks: told them: it. as the same car
and :that: the number lhaa been changed.
Had a “conversation ‘o night of: May 24
with. Sanders,..who ./told:. him he had
brought .the lady fron{ the depot and she
said she: was looking | for: &: white chaut:
feur.! 6 “Srg Ne
Chief van: Liew i re alled—Did not ‘send
for Sanders by. Fisher Brooks. Sent for
Sanders by the detegtives. “One of the
detectives brought Sa'nders in. Dr. Sher-
ard reported a conversation he saw take
place. between: Brooks and Sanders’ in
front of his office. / Dr.: Sherard talked to
him about ‘that... “+
Mr, Van Liew hed had a conversation
with Mr..Charles Q.] Carman.: He
asked Mr. Carman tq tell him everything
that. he. saw onthe; Sunday night Mrs.
Hess’ was .murdered.;:. Mr. Carman told
him only. two ‘wére.if the car, unless one
was lying down in the car. ‘He had said
nothing about seeing} a man ‘running, out
of breath. Carman told him it was about
2:55 or 2 o'clock he saw the car pass the
terminal station. .. Defense tried to get
before the_jury a conversation the chief
had with Fisher. Brooks. at the. jail on‘
Tuesday of this ae in which - Brooks
took all the’ blame for the ‘Hess murder
and.that Sanders had nothing to do with
it. The court refus
jections of the:statel ;
Cross examined—
detectives after. Sa
ard had reported a
Brooks and Sanders
d to allow : tpn. ,o} ob-
aid that he’ sent the
ders after Dr. Sher-
Reser between
Sanders’ “Car "Ther :
+ Mr.. Crippen;of N ler Motor. Car: Com-
pany—Worked - ther on May. 20 and 21.
Sanders’ car was there “being repaired on
those days.- Sande|s. worked there those
days. An \axle: was; bent and had to be
taken, off. “Bander carried the axle to
McKenzie’s wagon|works.,Didn’t know if
Sanders -had his cjoat-on. Garage closes
door at 8,or:9 o'clock. The alley to the
garage is in.reality a vestibule., 2°:
Cross examined-}+-Workmen in garages
use working -clothejs. Don’t know if San-
ders carried the a on his shoulders or
how.» Didn’t know /if the axle was greasy.
Never saw it close.
: Rebuttal—Sanderjs "drove a Buick which
has a-left-hand drive. Has 60-inch tread.
Driver's -seat .3 “feet: from: opposite
wheel..2.5'5
~Sur_rebuttal—S ia feoun. “lett- habe: side
to right’ wheel was) 31-2 feet..4°."5
Charley, Robinsgn—Worked !'at ‘Miller |
Motor Car Co. o
May 20. 21,22 and 23.
Sanders’ car wa/s there being repaired. |
Axle had to-be fiixed., He took the axle
at McKenzie's. Axle
60 inches long. Don’t know who carried
the axle down, no what clothes Sanders
wore, Co INAS Eek,
_No.cross examination. / ea
.) JA. “Robinson, manager of Miller Mo-
tor. Car Co.—On Sunday, May. 20, San-
ders-rented car frOm.him. Sanders’ car
was in.Miller’s shops to be fixed. Axle
had to be- fixed, Hjad to be taken to Mc-
Kenzies. “Don't know what clothes San-
ders. wore that daly and next, nor who
carried axle to .MpKenzie’s.. Saw San-
ders there. when hp got down there on
Monday ‘at 8 or 8:40 o'clock.’ ‘He, loaned
‘| Sanders $13 0n Moj(nday. morning to buy
‘Sanders purchased car
aying for havin, at of his
a tag for his car.
from him and was
daily earnings, ~:-
Cross examined— {dn’ t know: what the
fellows .in -the shojp. do about, wearing
their. clothes while ‘working. Don't know
zie’ a 3 + 5 Yo
‘. red “wen
Sanders Takes ‘rah ess Stand. «~
») Defendant takes stjand. Told of. meeting
t at: she coroner’s inquest. «
ther conversation on Sunday night with
Brooks after the one at the garage. Nov-,
er saw arty until next day at noon,’ /
sade a 55D nO Qe ik gi >
Says He Did “Not Plan Robbery. : ,
' Saw Mrs.’ Hess,‘ after *::lysr- body was
found’ on Thursday: night. Never planned
to rob her, Arrested Friday night,; May
25, at 2:30. Been in jail ever since, “Offi-
cers took'his clothes away. ‘
Don’t know where Dr. Sherard’s office
is. Had conversation with Brooks op
Friday at noon, May-25, at corner of. St.
Francis and Jackson. Stopped. Brooks
and was telling him what he had heard.
Said he was going.to the Police ‘station,
and tell what he had heard’and didn’t
do it, for before he. could get-'there
Brooks returned with two. detectives to
where he was. working.
Never asked: Brooks for money. Bor-
rowed 25 cents _from him on watt of
May 21. ‘ +3
Cross samamination._Dian'ts ‘see: “Mrs.
Hess with her purse in her hand when
she came to his taxi. Mrs.° Hess turned
around at the hotel and told: him toa come
back and get her.: Didn't _ know What
train she would take.
Mrs.-Hess didn’t offer to” pay hime ' at
the hotel. Witness contradicted himself
on this point. >,»
Sent Brooks’ to’ take hap (because he
was afraid of police. Knew police were
after him on Saturday about his license.
Mrs. Hess never told him anything
about a*white chauffeur. Thursday night
after, Mrs. . Hess’ body "was. found he
met Fisher Brooks who-told him they
wanted him at St. Andrews Hotel, and
that they. were.- looking for a’ white
chauffeur. Brooks told him if;he would
say Mrs. Hess asked for white chauffeur
they wouldn't arrest. him. He told Mr.
Lott,. the. policeman, ‘that’: Mrs. Hess
asked for white chauffeur. ‘I’ spoke the
lie before I knew what'I.was doing, and
it was too late to turn it around and Jet
it stick." Bi :
Gaon EO O °
Says He Lied to Detectives.
Said he lied: when he told the ‘tateo-
tives that the, reason he: didn’t gO back
for Mrs. Hess was_ hecause: of a. ‘blow-
out. =”
Not positive that he told attorney gen-
eral and Sheriff Holcombe he occupied
room on first floor at 313, North Beret on
night of May 20. -
Did not: meet - Fisher “Brooks “at the
Pike that Sunday: night.: Did. not get in
Brooks’ car while Mrs. Hess .was: there
and did not drive*the’ car while it was
passing May's; lumber ~mill-and’ knew
nothing of the body™ being thrown into
Chickasabogue. Never divided the money
stolen from Mrs. Hess. Never had Mrs.
Hess’ suitcase in his hand..Never helped
Brooks burn Mrs. Hess’ shoes, +
Identified the.clothes in evidence as
ones he wore on Sunday ‘night, May 20.
Rebuttal—Said he told the chief before
the inquest that he had lied about the
white,-chauffeur and ‘the* blowout, and
made same statement-in his.testimony
PD OLD |
Did “Not. ‘Identify Her, He ‘Says sf
\Sur-rebuttal—Did not tell Mr. Wilcox
at* Roche & Burke's that that was the
woman he brought to hotel and she was
not.there when he‘went for her. <
Son Hunter,’ colored,’ night man at 'P.
O. garage.’ Wilmer Sims slept sometimes
in his car and he waked him up. When
Brooks left there at 1:30 he left alone.
Sanders did not leave with him. .
Cross examined—Sims was there when
Brooks left. It was between 11 and 12
when Sanders left. Police had been there
After- police ‘left, Sanders... came ‘fr m
hiding, stood around, a few. minutes, told
Brooks about the load at. the hotel and
left with Tommy Dickson and left in his,
car. Saw him no, more until next morn;’
ng.
Fisher Brooks was the ‘last “witness
called during the afternoon. His teat
mony bh syns this article. /
U. * So STEEL - GAINS
WITH.“ WAR _ SHARES
‘Measure—Motors Hold. Back.
“NEW . YORK, | ‘July 20,—Such ete as
occurred during the day’s dull stock. market
session probably resulted from the evident
desire of the short interest to‘ cover over
the week-end.
There was no substantial shane. from pre-
vailing, professional characteristics and little
in the Way of surface developments to. sway
sentiment in either direction.
United States Steel and affiliated stocks,
including the many war issues, contributed
fully 65 per cent to the day’s., business. at,
gains of 1344 to 3 points.
Shippings also participated in ‘falr measure,
but motors and utilities held back and hails
were negligible. Highest quotations were reg-
istered in the final hour, coppers, Texas Com-
pany, fertilizers aap Sig reir ape fea:
uring the activity of that per
: cone were irregular. . Liberty “: , bonds,
99.42@99.49.
CORN GOES « HIGHER.
ON. ; ’ PEACE © "RUMORS ‘3
Finish ‘Is At Net Gain‘ o
".. Wheat Scores a:Dime
CAUGHT
“i Mr. "George
Pennsylvania §)
ters im “New O:
visitor ‘to the ci
reports” busines
po conta ais the
pa ap Ret
Mr." ana’ Mrs.
back, ‘Ala.,‘are it
the Battle Hous:
nected with ; th<
Institute and ha:
official . business
visit fa‘ on” Dlea:
bined. Aids Srey
"Accompanied H
V. Mitchell, Mis
grapher: in° the
of the Alabama, '
Railroad,- left — y«
Fla.,: where* she
rips ‘relatives. .
rs “ A lag tes .
Mr, "and Mrs. J
ina and Master
Wilkins, of Seln
Site, ee at tl
“Mrs.. FA a0
Greenville,” SoC
grandson,.the Re
tor: of Christ I:
the . largest pari:
She will be absc
Mrs. R. B.
Ala., accompanie:
of Jackson, Ala..
terday for a w
capac eh at the
Mrs. Charles ]
for Natchez, Mi:
some \time °witl)
Mrs. Robert Seu
Mr.» and" Mr:
children, and M:
WN. J. Davis, Ji
visiting in Mobi
thon Hotel.”
Travating “Frei
ley of the Santa
tor_to Mobile ‘ye:
the, forces: of, ‘th:
sie, KF M. Pla
has moved: to 3
home ou St. Frai
THE REV.
RETURNS
“The “Rev.. fe
an absence of se
North ‘Carolina .
turned to the cit)
trip.’ Mr... Spies
conducted : revivs
of cities in the &
that’ they were
“We. were - tre
.| Spiegel, ‘‘and esp
lina, where we
ously happy ove:
Mr. Splegel w
the First Christi:
ing as ‘usual.
THEODOK
DOING; Fi
The PP €
dore i. sreporte:
mus as very fin
freezes this yea:
‘be large. and th:
being’ very - fine
Quartemus, are
age to sweet pot:
large crops. . Ti
is also very lau lar;
R.°P.PO:
INCREAS
“An increase
the Pope Manu:
a plant at Prich
Shippings : parbeipate ‘in Fair|" orecerday by T"
yesterday by Ii
The action in:
of the. Mobile «
a special meeti
on Wednesday |!
i * REAL
The following «
probate court Frid
Irvington Develo
Skeith, $1 and ot'
siderations 3° south
feet thereof) of s«
ter of northwest «
7 south, range’ 2
“Cottage Hill' O:
Clyde Scott, $60:
block 1, in the wes
section 31, ¢owns!
Nolloe Del Buo:
Ellicott, receiver, «
of Citronelle; ‘lot
east corner of Car
nelle.
Zack Logan and
Ashbel Hubbard,
west quarter and ©
34, township) sor
rs he sv ety £6
“ad a lady fare to take to the
eo take bor and collect a dollar
60 cents. Saw Sanders and
ve away at 1:30 a.m... He met
in.s*Did not see Sanders there.
‘mined—Mr. “McMillan asked
his testimony. before the coro-
There -was*aiconflict here.
r,s a 3Bulck, was: standing
street'in-front of Frank Boy-
. When Sanders left he got
ic With:Dickson, drove-up St,:
vet and: turned into St. Fran-
a Sandersiicame
sleeps inhi
after
esnet alee
oe
> a
sot saw
athe
~ ‘Never’ Arrested For: Vagrancy 3
inStheNews-Item that the
proved san‘ alibi for.Sanders
is ein hed’ at=11: o'clock the
‘t_ Byrne what‘ ha knew. about
ng at:the garage at that hour
' 1:15 o'clock. He heard noth-
sanders about Mrs. Hesa‘hav-
1 ofmoney. “He would have
nything. of ‘that sort had been
SCRE Re ete oa
SonHunter “was the night
‘arage; “He never caught him
once.+; Never. saw Hunter
* and’ Sanders drove off. aad
‘ney, the soldier. who was ‘on
8 Southern -: Railway - bridge
sabogue*the night Mrs.: Hess
ed,.yHe heard the car. blow
's {tpeared: the. bridge. This
2:303-a,m.~*Car’ crossed the
‘ent 25 feet on the other side;
‘ked “up and turned : to” the
lights ‘flashed out. into the
carstood there about 10 min-
i .upand ‘crossed over. the
“. * Hetheard'the splash, then
s,- Uke. a) woman’s. and. the
up and“went'on back.toward
* did‘not'think the noise was
clanging’ of glass. -He went
at daybreak, but found noth-.
«ysilater he found the body.
‘kecit-from: the water.
oman’s' body, the throat had
! thesbody was puffed up.
lination—Denied he’_ testi-
‘er’s‘ inquest thaf engine in
while’ on: the _bridge.’- The
und) near. the ‘north end of
(C was’a: very. dark night,
WOOO SE
‘log8-Conversation. ait
“herard—His office, 57 north
“et, ontThursday,” May -24,’
day;*he- saw. Sanders: and
onyersation.*:, They ;:. talked
or‘six*minutes. He did not
heytgaid.” About. 12:30. that
out-of'-his office>to get in
He sheard some~one. call
‘Iving-a-car in.a hurry He
negro.in.his shirt sleeves
yet‘ in,the'car. The two ne-
close ‘conversation for five
ss The‘man driving the car
‘rooks,;the other man was
n they: parted: Brooks drove
dly,*south. on Jackson and
od ‘yapidly ‘north on’ Jack-
zEt BTS SRA BRT 925748
\¢, the “undertaker, - tof’ of
vKasabogue on: the-24th of,
ing the. body of ,Mrs.. Hess
iter, She ‘was dressed in‘a
ss, "}white ‘collar: and white
vas “carried -to. his morgue.
ad Dr.>Madler made.an au-
‘ernoon. he's % EL Sak
‘ned-arelative tothe wound
* neck.« Mr, McMillan \kept
m ‘doctor -and Mr, Roche
' doctor, (:I';come - after’ the
MPRA Ry Peek
‘igh—Was there an
* SMS Fa
Rte.
m xpert.on Blood. 20P xs
Thames—Examined as to
ms fas\anc expert. < He “is
1 with iUniversity*of Ala-
5@/o0f*laboratory . ‘analysis.
derablesexperience in mak-
's.« Has Sa> laboratory » in
«s. Performed post mortem
ior“on*S body* of “Mrs., Hess.
i Indetail..Body. had no
ugular:-veln , was ‘not “sev-
nber, of arteries. had .been
vas-killed- by choking’ and.
could, not have - drowned.
have-.screamed when. her
wn from ‘the: bridge. ~~.”
' thesclothes ‘and shoes of
. He‘cut' finger nails from
He’ cutthe pieces out
r. the “purpose: of ‘testing
¢ ring off of. prisoner in
d ‘all. geparately. Out.’ of
finger. nails he examined
itive i reaction’ in’ a blood
‘8 ring, sdspiclous. On the
‘S Bave, good;strong tests
’ patches % gave.: weaker
{the case.
»|8ane hospital.
Jing a
“| there
. O. Crerage he didn't stop. Witnesa
Identified shoes and clothes as Sanders’,
Was with Sanders when he went home
and took off the clothes and heard him
tell his wif¢ to have them cleaned. Heard
Sanders’ wife say they had been separa-
ted about three weeks. .Saw no bottle
on Sanders.: Told him he.was;going to
get a bottle of medicine-to take home to
his wife, 68 SA tise e te mgt pee Me
Rebuttal—Sanders’. wife lived on Con-
gress near Broad.’ He lived on Royal
street. . Saw. Sanders Monday . morning,
He had on the Suit.of clothes that morn-
ing.’ Sanders had on the*clothes -in* evi-
dence. when he went: is» home jwith
him, -~"ari5% Peart DIE CE Ao Rey
“Lorena Hudson—Lives at °313 * North
Royal. Was running boarding house at
that place on: the night of May, 30.- San-
ders lived there, He came-in after 10,
‘Jate some ‘ice cream, :cake. and. fish. .She
woke -him''up’ ‘the ‘next: morning.*..
sister. gave him the food. 23¢o-h°
wiih, Sauder too 0° SES
tee mare Sipe
2 Fe
*,Cross-Examined—Said ‘she ‘did ‘not run
8 sporting house and had’ never been ‘ar-
rested for vagrancy.:: Identified letter shé:
The letter was in response to one San-
ders had written her. from the Montgom-
ery jail to get up some evidence for her.
In the letter she said he‘ arrived ‘at her
house at. 10:30 Sunday night. She never
saw him again until she woke him the
next morning about 3 o’clock. Her gister
went upstairs with Sanders when he Went.
to his room. SE ERS OOS eS gh ite
Another letter was’ shown her and she
could not identify it. Said sometimes she
wrote one way and sometimes another.
She didn’t see Sanders until he got’ into
her house that night. 9 =4°%:¢7 sco gsi
Anna Howard, colored—Lives, at 313-.N,
Royal. Lived there May 20. ‘Was there
that night. ° Albert Sanders was there!
when she came in, Didn't see him eat-
ing supper.. She didn’t know: whether
Sanders slept there thut night..-2%:4 4
nN ls estes the
tle Sa Ge, “oO 2. O° %
Letter Fixed Date'In Her Mind. Pas So
Cross ;Examined—That Was™ her ° first
Sunday ‘at church here and she sat down
to.write: to her “mother, That’ fixed ‘the
date in her mind.’ She hadn't’ talked to
anybody about the case except the white
men. who came down there to investigate
She. was present ‘when the
letter from’ Sanders: came. She heard it
read by Lorena Hudson. pA
Early Doolittle—Lives at » 313. Royal
street. Works at Mt. Vernon at the in-
On May 20. she was stay-
313 Royal. Saw: Albert Sanders
hat night. It was about lu or
10:30 o’clock. Ate cake, ice cream, and
fish and went to bed. Saw him the next
morning when he came .downstairs, By 2
‘Cross Examined—“You are. Alber
ders’ woman?" Series a oft
=RYNO, sire, 2S ae
Q. Didn’t you tell Mr. Jack Lee that
you slept with. Albert that night? °
A. No sir. He’s a married man and I’se
a. single woman. eras near ae
‘Identifies letter shown her by the-so-
licitor.as one she got from Sanders while
he was in jail at Montgomery. ...*,...
‘Trudy’ Claiborne, Colored—Lives at 313
North Royal. “Lived there on night of
May 20. Came in from church that night,
Didn’t. know what time of night -it was.
Albert Sanders. was there, She never. saw
him again, MAE 6 NSE Sg pm
-:Cross Examined—She “had .:/been ‘to
church with “Anna Hewvard. “She. had.
talked to some white men about the case,
Never. told them, Sand
his car, aia aa Bes
eS 06 .
it pm a
oS
AF,
Denies She Knew of Washing. Ss pe
“Amelia Sanders—Wite. of Albert’ San-
|ders. Had been’ separated from’ hushand
three weeks, » She kept his clothes. Iden-
tiffed the clothes in evidence as his. Re-,
called when the “officers came’ after the
clothes. He’ had brought ‘them. home
Wednesday night, May. 23.” Left’ them
laying ‘across the“foot of the bed. She
Put pants in top-of her trunk and hung
coat on hanger. ‘Were not wet... Did not
“| know, if the clothes had been washed.’ He
never told her to do anything with the
clothes. Never saw Sanders with Fisher
Brooks and. never heard him mention
Brooks... Saw no blood on_the clothes. -
“Cross examined—Heard- that officers
were at her house but ‘was not dodging
them. -Did- not ‘try to run’from them
when they came after the clothes and to
search the house.’ Didn't know the Doo-
little woman until she got arrested. She
did not change the clothes at all. -Albert
did not bring. her any,.medicine about
that time. wy eae aes eee
“Chief of Police Van Liew—Was chief of
police on May 20, Complaint had been
filed at police station against Sanders in
an automobile accident. ys é ‘
Officer Murray—Verified fact that com-
Plaint had been lodged against Sanders
for running into young ‘lady. Went to
P..O. ‘Garage on Sunday night, May’ 20,
about 10 minutes to 12. Didn't see San-
ders~ there.» Saw, two _colored boys and
Wilmer Sims‘ there.*.One of’ the boys
was -Brooks.~ He asked Brooks where
Sanders.“ was—thé Brooks: ,said:*' ‘He
has just-left- here." -PPaoks was to turn
> would shardly “say~that
ae
up, the Had no
-<| Motor Car
car was there being repaired. |
verge had. w > “wv! , ey
Hess -was~* murdered,. and”he fail. batdcieiy Sanders ‘while he “was, jn}:
i. Crippon of Ajiller Motor Car Com-
Panv—Workod ther® on May 20 and 41,
Sencers’ car was there being repaired on
thosa days. Sande{s worked there those
days, An axle was bent and had to be
taken off. Bander# carried the axle to
McKenzie’s wagon}works, Didn’t know if
Sanders -had his coat on. Garage closes
door at 8 or 9 o'clock. The alley to. the
Sarage is in reality a vestibule. ‘
Cross examined—-Workmen in garages
use working clothes. Don’t know if San-
ders carried the axle on his shoulders or
how. Didn't know'if.the axle was greasy,
Never saw. it ‘close. mE Th ee Ny bees dk
-Rebuttal—Sanders drove a Buick which
has a-left-hand drive. Has 60-inch tread.
Driver’s seat 31-3 feet. from-. opposite
wheel. fe STEER AOS IE op ty
Sur rebuttal—Sald from left-hand side
to right wheel was 31-2 feet. "2" ° tt]
Charley, Robinsgn—Worked “at “ Miller
: Co.” on. May 20. 21,° 22 and 23.
anders’
Axle. had:.to-be fixeds;
off.” It: was ‘fixed: at“ McKenzie's. Axle
60. inches long.. Don’t know who carried
the axle down, nod what clothes Sanders
Wore. co eib nel ht | Poe Se Tg Ay
«No. cross examination, (OW
J.-A. Robinson, -manager ‘of Miller Mo-
tor .Car ‘Co.—On Sunday, ‘May 20, San-
ders rented car from. him. Sanders’ car
was. in Miller’s shops to be fixed, Axle
had to be-fixed." Had to be taken to Mc-
Kenzies. “Don't know what clothes San-
ders wore that day and next, nor who4
carried axle -to MfkKenzie’s. Saw’ San-
ders there when he got down there on
Monday at 8 or 8:§0 o'clock. He. loaned
Sanders $1 on’ Monday morning to buy
a tag for his car.’ Sanders purchased car
from him and was paying for itqut of his
dally earnings. a = z * kai
Cross examined—Didn’t know what the
fellows .in the shop do about wearing
their clothes while Working. Don’t know
if Sanders. carried. \the -axle to McKen-
zie’s : Lp ty be Be 2 tat
He took the axle.
Vey Ss TARE MS FON on
Sanders ‘Takes “Witness Stand. ere
- Defendant: takes stand. Told of, meeting
Mrs. Hess at-the depot and bringing her
down.to the hotel. “Goat,” the St.. Andrew
train porter,brought her to ‘his taxi.
When he ‘got to the hotel his taxi was
facing north. ‘‘Goat'’! told him’ Mrs,’ Hess
was to take 2:30 L. & N. train out. Came
down St. Joseph: to Dauphin, Dauphin to
Royal, Royal to hotel. ‘Goat” got out
first, opened door for Mrs. Hess and she
sgt out, both on the right side. She didn’t
pay him, as he was coming to get her for
the late train. Nothing was said at hotel
about him coming for her. That'was said
on the way down.-He never left his
wheel, never saw Mrs.} Hess’ purse, and no
money. ° Didn't collect| his fare because he
wanted to be sure of\ his second: fare.
Leaving hotel’ he went to Auto Service
Co. and got Tommy Dickson. They went
to: Terminal to meét{the 7:45 °M: & 0.
train.’ Got no fare tHere and - went «to
Bloodgood street and sot “Pig” ‘and a big
woman and carried thym to the Pike. Got
supper and went by for Ty Cobb, a col-
ored fellow, and carried him to the Pike.
Got four fares there 4nd carried them
down the bay. All but!one lived down the
bay.- One got off at Warren and St.
Francis.. Went back toj the Pike, got Ty
Cobb, took him home ard returned to the
Pike for Tommy Dickspn and came back
to the P. O. Garage. Difive his car behind
‘Wilmer Sims’ taxi, go out, saw Sims,
Son Hunter ‘and 'Fishet Brooks’ standing
there talking. Hunter ‘pr Sims told him
that police were after Rim: had rung up
therefor’ him. In: a’ few, minutes the de
tectives drove up.) uf 2% ote
TUES CES OO ¢
Sanders Ran’ From. Th
“Didn't know what tim
Thought they” were.
train. "When he ‘saw police come up,’ he
ran back ‘in the garage, ‘Fisher Brooks
and Tommy Dickson went back part -of
the way. All of them gat up. He hid in
a‘car back there. “Hadi no conversation
with anyone in the garalge after the po-
lice got there. Stayed in the car 5 or 10
minutes. “Sims told hirh the detectives
wanted him and that Fis\her had told the
police he wasn't there. “I/ turned to Fish-
er and said: ‘Fisher, you go to the hotei
and get the lady and collect 50 cents for
me. I-am going‘ home.," He left tha
Garage with Tommy Dickson and drove
around to Miller Motor /Car Co, Sarage
and put the the car up into the entrance
to the shop. Said nothing more to: Fisher
Brooks and saw him no more that night.
He went on home to 313 M. Royal. Tommy
Dickson parted with hin} at Royal and
St. Louis streets. Never said anything to
anyone about Mrs. Hess having money.
» Had been rooming at 213 North Royal
about. three weeks. Got there between 10
and 11 o’clock.. Early DoolJttle was there,
another man and Lorena {Hudson, Early
gave him some cake and |ce cream and
fish, ‘and he went to bed. {Man and wo-
man came in while he was eating. Went
to bed between 10 and 15{ minutes after
eating. Slept there all night and got up
about 8 o’clock next mort ing. Went to
Miller’s garage, got running board of his
cat and carried ‘it to Modern Welding
Company, came back and {got the axle
and put it on his shoulder dnd carried it
to McKenzie's. Had his coat on, - .
Saw Fisher Brooks Monday at noon and
had conversation with him. Asked Brooks
for his 50 cent fare and did not get it,
os
Police, : ahah
of night it: was.
alting for/10:40
Not. intimate ‘with Broo Had. no fur-
Son Hunter, cored, night man at
O. Karage, Wilmor Sims slopt sometin,
In his car and he waked him up. Wh:
Brooks left there at 1:30 he left alon
Sanders did not leave with him.:
Cross examined—Sims was there whe
Brooks left. It was between 11 and
when Sanders left. Police had been ther:
After police left Sanders,. came ‘fro
hiding, stood around. a few-minuteay tol
Brooks about the load atthe hotel an
left with Tommy Dickson and left:in hi
car, Saw. him no more until next; morn
ing. KE NL WBE REET EEA,
. Fisher Brooks ‘was ;\the" last “witnes
called during - the’ afternoon,:: is’; testi
mony leads this article. :i¢“#iiZegem
ee ane
U. “S.cy STEELGAINS
WITH. WAR “SHARES
Shippings in
pM ce ie. ry oe.
Participate *"'in’'* Fair
*“Measure—Motors Hold Back.
NT aiaradege: ket
»“NEW “YORK, ‘July 20,4+Such “changes~ ax
occurred during the day's “dull stock “market
session probably resulted: from:.the * evident
desire of the short . interest “tot, cover.) over
the week-end. © 3 palette Seas
- There was no substantial change from pre-
vailing, professional characteristics . and little
in the Way of surface developments ‘ta. sway
sentiment in either direction. © >. ay
United States Steel: and affiliated stocks.
including the’ many war issues, : contributed
fully 65° per cent to the. day’s., business.at
gains of 144 to 3 points, Fh egy 5%
Shippings also. participated in falr. measure,
but motors and utilities held back and hails
were negligible. Highest quotations were rez-
istered in the final hour, coppers, Texas Com-
pany, fertilizers and secondary specialties fea-
turing the activity of that period. © 4%
Bonds were ~— irregular. Liberty :, bonds,
99.42@ 99.49. i 52 ae
CORN’ GOES * HIGHER
ON |. PEACE’ “RUMORS
Finish Is*At Net Gain’ of 2: 3-8. |
“3 Wheat Scores a Dime.2 #4. |
“CHICAGO, July 20.-Grain prices advanced |
sharup today, largely on account of the bull-.
ish first impression created by the new -Ger- }
man chancellor's, speech, and which was only |
temporarily changed by thd ‘riechstag’s adop-
tion of a peace resolution find by the chan- |
cellor’s announcement, of a readiness to ne-
gotiate. OE sore y
Corn finished“nervous, net higher 1@2%¢.
at $1.63@1.6344 for September and ($1.16%
@1.17 for December. Wheat gained 8@10¢
and. closed firmer, with July at $2.50 and |
September at $2.18. Oats showed a rise of |
2% @5%¢, and provisions 2@5¢ to 12%¢. -
The. corn market had a. decided upward
trend throughout the day. ' ua Fx
Wheat rose with corn as a result’ of un-
favorable crop reports from the Northwest
and more urgent demand for flour. ‘= °,” 4°
. The oats market showed unusual vigor. ;
’. Provisions . responded. ‘to. the st
grains, % a i we *.
COTON - MAKES GAIN
OF. 45. POINTS. NET
Peace Rumors Send October Con-
SOMA tracts to 25.3.)
NEW YORK, July 20.—After an opening
decline of 20@32 points on new crop posi-
tions, the cotton market rallied today and
was steady within a narrow range untid mid-
afternoon, when peace rumors caused a swift
advance of about 80 points from the lowest
of the day. October contracts advanced from
24.50 to 25.30 and December from 24.37 -to
25.15, representing about. 45 points ~ net: rise
nt the best levels of the day. Becoming pes-:
simistic over av susequent study of the chan-
cellor’s ‘speech, however, traders. sold freely
on the’ advance and the late market «was
easier, closing 10. points net’ lower on’ July
and 5@26 higher on other Positions. «Crop
news was rather conflicting. .< EFS
Exports were 5,406 bales. Port receipts,
11,006 bales. Stocks, 640,284 bales. Sie ai
NEGRO ENTERS HOUSE
OF. MR. JOSEPH CLARE
Mr. Joseph Clare, occupying the old
Frascati house near the Guii, Mobile
and Northern Railroad shops on the bay
front, reported to The Register yester-
day afternoon that on ‘Wednesday ‘even-
ing, about 7 o’clock, a negro entered the
building and ‘stole $20 in money and’. a
pair‘of shoes. yd we “fe
Mr. Clare stated that. his wife had
been into the city and on returning saw
a negro sneaking along the fence. “She
called to her husband, who gave chase,
but failed to overtake the man. En-
trance was effected through screen doors
at the rear of the house. : apie
BUILDERS OF BOATS
WILL SEE SECRETARY
Persons who have filed applications
with Secretary J. Ww. Henry of the local
civil service board, for. position ag ship-
wrights and boatbuilders, will today meet
Mr. W. H. Beasley, assistant secretary
of the Tenth Civil Service District,. New
Orleans, on the second floor of the new
Postoffice building today, < for “ ratings.
Mr., Henry ‘requests all who have filed
applications and, others. capable of - filling
such positions, to be on hand
Promptly in
order that they may. tod, % px
ve
“THE. “MOBILE: ‘REGISTER: SATE
fee mie tee
ALONE IS 6
oe PAS oS 8
Court Room: is ‘Cleared ‘i in aia
That. Doomed Negro May. Tell
ies pea New. Story.»
eas Sis
ne
aes
fe
SFE (Continued ett Pao One.)
nridge over St. Stephens road he felt for
the. suit case ‘and missed it."; He thought
itxhad -fallen out ofthe car, so. he re-
traced -his journey from the county bridge,
» going-as,-fast as the car would” speed.
\ Over-the bridge he fley on toward Sara-
land, ‘where he.turned around. ::The back
cushion” had :fallen down and in- adjust-
ing’ ithe touched the coveted suitcase.
3Once: more like mad he drove his car
back =to=town, saw no soldiers at. the
,- Southern Railway -_ bridge,’ crossed the
county .bridge- at a°merry clip,’ came on
to the city and went to his home on South
Royal-street ’'where he woke his wife up
and: went to bed. He drove his old Max-
well car to the Postoffice Garage early the
next morning, left Mrs. Hess’ shoes in it,
. tookcher.suit case’ and put it in a big
i Coleycar, where it’ remained for. several
: days,?until on Thursday night he-took it
out on the’St. Stephens road and burned
{t<‘near-: the, bridge that crosses ,Three-
Mile’ creek. The shoep he he burned at his
ae A ae
Says. “He. Tells) Only ‘the “Truth.
; “When' ‘the clerk swore Brooks and asked
shim} ‘if he “would: tell. the.truth. he said
surly undertone, -““That’s just what
* X} “am going to tell.” Both on direct and
on-cross examination he held the capt
attention of everyone in the court room.
. Hisi{appearance drew a deathly stillness
oyer;the chamber, and until the specta-
‘torswere sent’ out,” the airy’ owas thick
with “electric currents. .
“Solicitor Clarke drew from Riscice ad-
missions that he had made several vol-
untary statements to him, to assistant
Solicitor Courtney, to the sheriff and to
his -own counsel,’ Mr. . Kirkpatrick, ; in
which he accused Albert’ Sanders of be-
,
4
4
!
Ag
ing blood guilty with. himself. in the com-
mission ,of the ‘crime. “I've just told so
, -many* stories I don’t paged tek pd jhave
5 told,"*: he explained. Rhee "°
°Dr. Thames, qualifying’ as? ‘an’ expert;
“testified that he had found blood stains
on.Sanders” coat,on his shoes, and on
\ the-parings he made from his finger nails
after. his arrest and while he was incar-
\ cerated. in the jail.. Sanders, in his tes-
\ timony ,explained the stains on his coat
as {being » grease ;stains- he had ‘gotten
from*carrying the axle of his car to Mc-
Kenzie’s*. works to have 'it ‘straightened.
‘None’ of the men’ employed at the garage
_ would’ swear that-he was wearing’ a. coat
‘that’ day, * that he carried the axle ‘on, his
should | Oty. that: At. had arene On iit.
s oO: ,
nd: entered a: “denial” “to the- “charge. ' His
estimony “had: nong ‘ot ‘the ‘thrills’ that
characterized’ the “ other ‘negro’s, and
nothing; of’ a: :sensational nature. was “de-
veloped ‘during ‘it.s 207-°5*
<{Wilmer: Sims, of ‘Toulminville, a “white
4S taxicab \ driver,’ testified :{that’ Sanders
“came to: the P. O..Garage at.1:30 o’clock
left with Fisher ; Brooks’ in
“car. Every ‘other: ‘portion © of
{ms*-testimony except this was" corbor-
anders: and. wyatneaaes for., the
Views 4Hudson* to: edinifie’. ‘when’? they
‘come sfrom church and you‘was at home
vplaying’:with .earley’‘and Lanrena ‘Hud-
son» awaken. yous up “Monday morning
‘about 8 or. half pass Room No. 2." ee
ated bys
a letter was’ ‘put ‘in evidence by Solici-.
Nor Clarke, who proved it, had been writ-
ten. by’ “Lavenia Hudson, * keeper of: the
rooming “house at 313 North Royal, and
signed~"'313. North Royal,'’. telling Sanders
‘thaty the. evidence’-of the alibi .that- he
was-at-her house at 10:30 Sunday, night,
May.= “20; (and; slept» there all night, had
been: secured’ from. among -her, roomers.
This: letter: was in “answer to one from
Sanders, written to the Hudson woman,
asking -her_to get-up evidence‘ for_ him
After-<its ” ‘“{ntroduction,** the- “defense,
\avhich" was “conducted ‘with’: aggressivo-
ness’ by? Mr.’ McMillan,” “devoted ‘less a
tention to the allbi and more to Isher
Brooks” testimony, Here is the pe eae.
aes - Mobile, Ala., May 32,
‘Albert: 13 receive you letter I se Sy AS
the 3 truth we will tell it in the: court
and “we. have .told Mr. Lacy and others
thatiyou were home.about 10:30 on Sun-
day> ‘night. You have Thomas Sutton and
yar “hudson ‘and, truda , Claibon~ and
jine:.0ne1at rev} oe 4088 ai
*than’,the * ‘Other two. The. argument will
“be. presented this morning and the jury
will get the case ». this afternoon, «554
b Brank. Rood, deputy “sheriff, ‘went . to
cer of the war department.
‘thim - away.
| UNCLE. SAM SEEKING
‘| MEN’ FOR AVIATORS
|| Chiet ‘Signal Officer, Writes to ‘Mr.
ee aay vu Be CC. Rich.
The’ federal. government is* destrous® of
securing men qualified for the aviation
section of the signal officers’ reserve
eorps, according to information received
yesterday by Mr. Joseph C.“ Rich in a
communication from the chief signal offi-
The letter
requests the co-operation of Mr. Rich in
the effort to secure reliable. men who
“| will be able to,pass for this branch of
the ger yiete -The- gommunication, . in, ers
says: .-
“As all "pote in our Cnititary a ser-
yice will receive commissions, it is of the
utmost importance that candidates for
examination. possess those: fundamental
qualities: of.:character and, mind.: essen-
tial in oficers: of,every' grade - in». our
army,”.the communication states.: “Av-
fazion ‘officers, -in- ‘particular, must be
young, -in» as near’ as possible perfect
physical “condition,~ mentally’ alert, and
have. at ‘least’a “good~ general educa-
tion,-preferably along mechanical lines.”
The minimum~age limit has been fixed
to nineteen and the ‘maximum at thirty
years. -The physical fitness of any ap-
plicant. willbe .determined~ by one of
the number, of medical officers stationed
in various cities, and towns’. throughout
the country, ° ‘ & .
were ‘wrapped “up Thay. were ‘well secured
and nothing could. be seen of the clothes.
Jailer, Betbeze—Sald: that. he/got pos-
‘session of .the shoes ‘yesterday. evening
from Deputy Holcombe. When Sanders
and Brooks came down from Montgomery
he was’ given. their shoes and--clothes,
wrapped them up and put them in a bas-
ket. He had charge of them‘until Mr.
Holcombe got them~.and gave them. to
Dr. Thames. ‘He did not alter them.
Cross-examined—He: kept the basket
the shoes in his office. in~ the
yy
containing
jail. \It had not been touched. “S
Mr. Ferdinand” Frederic, dyer “and
cleaning.‘ business—Forty-four years in
that’ business.’.-Examined ’ the, Sanders
clothes... Showed that-they had/been wet
and. crumpled up. ~“Condition® of inner
lining best evidence, . ahd displayed it.
Lost its stiffening. Bab ne
Cross-examined—Al] he knew was that
at some time in: the. past the. sult. had
been wet. 33"
Re- directIt "would hake: a ahs wrattiong
-|to rumple-the ant dining as it,is- now
eumplee,
Two Seen’ at Garage at ‘11:30. a4
Wilmer. Sims—Was working at ‘the’ P.
0. Garage on Sunday night, ‘May 20. Saw
Sanders‘ and “Fisher - Brooks thet: night
at ithe garage ‘first at. 11:30. “About 12
o'clock Officers Lott and Murray came
theré. looking for Sanders.’ Brooks ‘and
the negro Dickson ran back'into the year
of the garage. “Brooks:and Dickson came
back ‘to the front of they’garage. and
‘| Brooks told: the officers he did not know
where Sanders was. He went back and
found Sanders hiding in.a car and drove
«Sanders. left» with Dickson
in a car and came back about'1:15 alone.
He .met Brooks there and about: 1:30 said
he was -going home...’ Brooks offered >to
give, him a‘ride?~ Heard Sanders say to
2:30 train, to.take her‘and collect a dollar
and give him 50 cents..»Saw Sanders and
Brooks drive away at 1:30 a.m.. He met
the 2:30 train. Did not see Sanders there.
Cross-examined—Mr.*McMijlan -asked
him about his testimony before the coro-
ner’s jury. There. was *a,‘conflict here.
Sanders’ car, a; Buick," was- standing
across the. street in front. of Frank Boy-
kin's office. * When Sanders’ left. he got
Joseph street and turned into St. Fran-
cise. ‘When Sanders’came back he was
afoot. He sleeps in his-car... He did not
that Sunday night. * He seldom.goes to
sleep until after the .2:30 .train passes.
When he does not sleep in his car he goes
to Toulminville .to..sleep. =Sanders” and
Brooks ‘left the- garage at 1:15-a.m. in
Brooks’ car. "Witness sent to B. and B.
Cafe and got supper, He never saw
Brooks again. Son’ Hunter ‘was at the
garage. when he Jeft for. supper.
te hee oF OOD)!
Was ‘Seen. Later’ at) ‘erase! ; 5
‘He ‘saw? in ‘the’ News-Item "that ‘the
police had ‘proved an alibi for Sanders
that he was In bed at 11 o'clock the
night Mrs. Hess was murdered, and he
told Mr. Pat Byrne what he knew about
Sanders being at the garage at that hour
and later, at 1:15 o’clock. He heard noth-
ing said by Sanders about Mrs. Hess‘hav~
ing’ a bunch ‘of. money. .He would ‘have
peered it if anything. of ‘that sort had: been
sa Ke caged ‘
Rebuttal—-Son’. Hunter: was’ the: night
boy at*the garage. «He never caught him
asleep but once.” Never” saw ” Hunter
when Brooks and Sanders, drove off. ,
2 ct
over Chickasabogue:;the night Mrs. Hess
was .murdered..,He heard the car’ blow
about 2:30:as’it neared.the. bridge. This
was about::2:30.a.m.’:Car crossed the
bridge and went 25 feet on the other side;
stopped, ‘backed .up and turned to the
west.-"The lights flashed out into the
creek, The car stood there about 10 min-
the®county bridge ‘over Chickasabogue on
Whee efartad nn ard eracend over the
z his -cell_in the..county jail.
“| was.
Brooks he had a lady fare'to take to the
in his Buick ‘with’ Dickson, drove up St.-
the reaction -was positive. Of the shoes,
two examinations gave blood tests. He
could see in the light spots on the shoes
gave
that,’ in addition to other eeees
positive proof. of blood. ..: ‘2
Beyinys (> OO OSS 2 Pe
Cut “Coat “rh ught Bloodstained..
" Cross-examined—Cut up
found spots and .cut’ them out ‘for the
tests.” Did not cut the pants out.’ Under
ordinary circumstances if a man_ had
dried blood on his hands would not con-
taminate clothes -with “it: If the” “blood
is. communicated “with~the clothes and
incorporated in Jt,. the. hogan test would
be the same. <
Q—If that suit “had pada, “put on. the
|'seat of an automobile that’ a “week be-
fore had carried a wounded: man who
bled very profusely would not that blood
though probably old, have Eogetimipnte’
r that suit? * “4
‘A~If the blood was” ‘dry Y do ‘not ‘be-
lieve. it’-.would have: peoptaminated ; the
suit eS ies
Q—Can you’say “whether. the dlood ‘you
found was human blood? <+”
A—In: my > opinion, sit Lowas “human
blood. ~
Mr. McMillan carried the “witness over
the ground of. his direct examination to
establish the fact~ that_ Rae test was
made in a hurry.
“The state rests. '
Court reconvened, at. 1:30 * ptelock and
the defense put Tommy Dickson on the
stand. ‘Tommy had to be brought out. of
tid Bsa
gta vA ys
‘ “OOo O Ps
Left Garage In Sanders’ Car.::
.Witness lives ’at Jackson and “Conti
streets. “Went to PL Q. garage.on Sunday
night, a May 20 “with, Albert. Sanders.
Found ..Fisher: Brooks, * *Son Hunter ‘and
Wilmer Sims there. He and Sanders had
come from the Pike,- on, Davis: avenue.
Didn't know what hour of the night it,
was. _Some of those present said the
police or. sheriff had been looking for
Sanders. Police came to the P. O. Gar-
age that night. Sanders, Brooks and
himself went back into’garage.’ He and
Brooks came out front. Never got with
Sanders any more that night... After the
officers left he left the garage with San-
ders in. Sander’s car. They’ went to
Miller: Motor «Car Company's: garage,
drove the car up the alley there and left
it,;coming on out. Garage was closed.
He walked to St. Louls and’ Royal with
Sanders. ‘He. Game. on back .to P.°
Garage-and Sanders north on Royal. He
saw no one but Son Hunter at’ the gar-
age.* Didn't know what time of night it
Went on, home and went to’ bed.
Heard Sanders tell Brooks to go to St.
Andrew and get a lady. This was after
the officers had left the P. O. Garage.
Said Sanders feared the officers'and gave
that as reason for not making the trip.
Heard no one say anything about Mra.
Hess Sage ke a lot of money, ‘ he
PS OOS
Often “Rode In Sanders’ Taxl.
~ Cross-examined—-Rode: A . ‘arent
with Sanders on his ‘taxi.
q
‘deal
“Wery intimate
with’ Sanders. ‘Joined Sanders that night
at. Wood's garage.’ directly after. he came
from tha’-hotel. Didn’t know that ‘he
had been to the hotel., Saw Sanders the
next ymorning about 9’ at the Miller/Com-] .
pany’s garage. “When ‘he went'-by the
P. O, Garage he didn’t stop. ».. Witness
identified shoes and clothes as Sanders’.
Was with Sanders when he went home
and took off the clothes and heard him
tell his wife to have them cleaned. Heard
Sanders’ wife say they had been separa-
ted about thrge weeks. .Saw: no bottle
on Sanders.» Told him. he.was going to
get-a bottle of: precolne sto take. home, ito
his wife. us
Rebuttal—Sanders’ ‘wite lived on Gon-
gress near Broad.’ He lived: on Royal
street. ~ Saw. Sanders Monday morning.
He had on the suit of clothes that morn-
ing. Sanders had on the clothes in evi-
pees: when he went to his. pat with
m.° 4235
Lorena Hudson—Lives ‘at 313. North
Royal. Was running boarding: house at
that place on the night of May’30.° San-
ders lived there. He came in after 10,
ate some ice cream, cake. and, fish. ° She
woke -him up the next: TROT NNS. \ Her
sister gave him the food. :., ‘ :
& 0 0:'0 03
‘Never Arrested For Vagrancy.
. Cross-Examined—Said she did not. ‘run
a sporting house and had: never been ar-
rested for vagrancy. ‘Identified letter she:
oa written Sanders ° while he was in
tt
we
The letter was in response to one San-
ders had written her from the Montgom-
ery jail to get up some evidence for her.
In the letter she said he arrived ‘at her
house at 10:30 Sunday night. She never
saw him again until she woke him the
next’ morning about 8 o’clock. Her elster
went upstairs with Renders when he went
to' his room. °
rey letter was shown her and she
1@ Ss unt
her hikes that Might.
Anna Howard, colored—Lives at 313.N,
Royal. Lived there ‘May 20. as there
that night. “Albert Sanders was there!
when she came in. Didn’t see him ecat-
ing supper. She didn’t. know’ whether
Sanders slept there thut SSE ¥ a3:
ik me Sot inte
e -coat,. He y
GOLF” CHAMIE
TO. BE PLA}
Dancing: ‘Afternoon
Ke Aty :Country |
Local golfers are, mu
the chain planehip contes
uled for this afternoon
the Country Club on ‘to
President George Fearn
terday’ afternoon that -
charge of the entertain
/prepered for dancing in @
evening for guests. what,
follow the players. on
With reference to the
1917 championship ‘it -is
are all well up in'the’g
of this it is expected tr
fine play and close finisl
in all three flights ‘for
and one flight. for wo
tested- by the’ following
For champion,”“Messr
and George- Gage; seco
C. W. Hempstead and
flight, Mesrs. W.: K.
Taylor... The first flig
be, between: Mrs. W..
T. C. Booth,. Rap 4
‘A large gallery is ‘pi
the contestants about
and will play a prohib
hole ‘atthe. club house
iy:
;
conversation “with: ’S
Brooks, walked ; ,Up -the
PBS TRAE O° oO
Car Standing , In' Fron
* Cross” extmined — SS
across.-the, street“ frd
Brooks ‘told ‘them -i
and that. the numbér
Had-a ‘conversation
with, Sanders, who.
brought the lady fro
said she: bese a ;
feur.. ¢
Chief Van, Liew re
for Sanders by .Fishe&
Sanders by the dete¢
detectives brought Sake
ard reported a conve
place . between ' Broolpy
front of his office. ;D
him about that. °o:""
Mr, Van. Liew had
with. Mr...Charles’ Q.
asked Mr. Carman to
that. he’. saw on/the
Hess was’ murdered.fy
him only. two ‘were. igs
was lying down in tif
nothing about seeing
of breath. Carman t
2:55 or 2 o'clock he ¥
terminal station...D&
before the jury ac
had with’ Fisher . Ba
Tuesday of this wee
took all the’ blame
and.that Sanders ha
it. The court refus
jJections of the state
Cross examined—{
detectives after: Sa
ard had reported a
Brooks: and Mh ders,
i ye ¢ 3
Sanders’. proce
Mr. Crippen. of., Mii
pany—Worked ther “2
Sanders’ car. was
those days. Sande:
days. An \axle was
taken, off. “Bander:
McKenzie’s wagon
Sanders -had :his c
door at 8 or:9 o’c
garage ia in. realit
Cross examined-§
use working come
ders carried the ay
how. Didn't know f
Never saw it close
Rebuttal—Sander
has a left-hand dr¢
Driver's seat 38) 1-4
“s
to right wheel wash%
Charley, Robinsqe
-‘|Motor Car Co." 0
Sanders’ car 'wag
Axle had to be f
off. It was fixec%
69 Inches long., D
the axle down, nox
wore. .
_ No cross examing’
"J. A. Robinson,
tor Car Co,—On §
ders-rented car fr&
was in Miller’s sh
had to be-“fixed.> HE
Kenzies. “Don't knfe
ders wore that dap
carried axle to Mg
ders there when h
Monday at 8 or 8:39
Sanders $12 on’ Mo
a tag for his car.’
fellows in the . shop:
their clothes while
if Sanders carried
zle’s, \: *
he. ote OP bert. week ve-
ytantlal way
the buck-
tee eh gad the flags
young eA total of
Se en |
: the
1g Church ‘this
a mwhich all inter-
¢ Qveas fre invited. The
Deg4 W.. Thompson,
~ “Griffin Ralph
SidmeyGColeman. < Dr.
‘ratavof} the team that
uestcogtributions than
> of, ed, engaged in
‘fs $4000 subscription
te white teams were
ve gpeakers are just as
vwé@ anthusiasm as Dr.
ameeting is
: ‘have another
evening} followed by a
furtka{Gardens. Their
‘a#-auchja success that
aay-erequests that it be
eon atured by
, geod number of ladies
sthemen in their Red
¢y¥, brought a report of
‘33 ofwhich was paid in
‘nab’$550 ‘was reported
ted. Cross chapter. The
sy Mra’-Rhett Goode, in
CE. Harrison, who
f tha'‘women workers.
4 did results ac-
“m ‘was cheered to the
Fronts A ko Pt
2 “$4004 from Wilmer
These were a result of
of Friday night, which
the “flying squadron”
ne. “Those who attend-
uted*much-of the suc-
- and-as he was pres-
on for‘a. speech and
“8 Of: le oa
‘declared that he saw
d, jand’ the’. workers
nd notrtears. He de-
‘rk now. being done is
war asthe planting of
“st, Be suggested that
sanize-the: surrounding
88 work, and foster to
| hersigtore the inter-
wested “that after the
pleted-the women go
one-book and call ev-
scertain' if anyone has
She ‘introduced “Mrs.
:. Kirkbride, Mrs. Her-
ind fed g ‘Forchheimer,
ks. “taf
the “Mobile & Ohio
granted a ten days
road ag that he might
on,*jtelegraphed from
indxreceived $350, and
wd. Sas A
ide-at#luncheon were
tive ;committee, $400;
No, “8,~'$517.50;. No. 9,
: Novt]4, $74. :
‘sday’as ‘the final day
‘hairman: Forchheimer
here’was late in get-
hadi been under ,cop-
ee
‘floral tributes were placed on
in steamboat Voieano, of tie Ala-
bama Coal and Tranaportation company,
which has been’ engaged in towing coal
barges down from the Warrtor flelds, is
undergoing ‘repairs on the Nurnan marine
ways, the first repair job, other on
barges, handled on the new ways.
oo 0 fe
Barge Winchell, Nearly Finished.
The oil barge B. lL. ‘Winchell, being
rebuilt by the Alabama Dry Dock and
Ship-Bullding company, is Practically
completed and will be ready to go to
sea in a very short time. The actual
construction was completed some weeks
ago, but there igs considerable work that
can be included in the former-class. - It
was thought that the vessel would. be
turned over to the owners several days
ago, but there was some unexpected de-
lay, and workmen are still engaged... .
< The rebuilding of the’ oll tanker. San
Cristobal, by the same company and just
across the river is moving.on in a ve-
satisfactory manner, and indications are
that it will be turned out near the end
of this year. The work: on this steam-
er and the oil barge Winchell costs apy.
proximately $400,000. . \
¢ x eo:0 0 " %
U-Boat Chasers Being Planked. . ~.
About one hundred and fifty workmen
are engaged on the building of the four
submarine chasers’ by the Henderson
Iron works, at the plant on Pinto Is-
land just below the ary docks where
the San Cristobal is rebuilding. The
planking of the frames previously erect-
ed is now under ‘way, and-a large por-
|tion of the force engaged js composed
of skilled ship carpenters.:.The work is
carried on almost simultaneously on the
four vessels, though these up: the stream
are progressing a little further. than
those lower down, A _ shed’ has been
erected over the construction- work, and
the men now labor under cover. All
four of the hulls are expected’ to he
ready for delivery tovthe government
early in the fall, and because of the
favorable conditions under which the
work progressed from the start it is
believed they could be delivered before
the. contract time, if desired, pithout
pressing the work unduly.
Visitors to the works recently ‘have
obtained a much better idea of- just
what’ a submarine. chaser is than they
could possibly. get from the plans, and
no vessel of this type has even Been
seen in port. They have very much the
appearance of speedy racing boats.
though larger than ‘is often seen. They
are one hundred and ten feet from stem
to stern, and are built on very keen
lines. A government submarine chas-
er was {1 port several days ago, but it
was a converted yacht and was very dif-
ferent in construction and appearance
from those being built here. pes \
: ; oo 0 £3 ‘
‘
Schooners Frame Half Bullt.
Another job which gives employment
to a large number of workmen is the
building of the five hundred ton schoon-
er by the Alabama Dry Dock and Ship-
building company at-its plant at the
foot of Eslava street. Nearly half the
heavy timber ribs have been attached
to the oak keel laid some weeks ago,
and within a month or six weeks the
work will have progressed far
enough to begin the planking. A good
force of workmen are engaged in cut-
ting parts for the vessel at the shop
beside Royal street. ’ :
The fishing schooner, Arthur, Is under-
going repairs on the marine ways of
Harrison Brothers, and several - other
sailing vessels are being..repaired at the
different yards in port. “4
IMPRESSIVE SERVICE
AT YOUTH’S FUNERAL
Student Body of St.. Vincent’s
“ts. i Academy Attends.
There was a large outpouring ° of
friends, including the student body of St,
Vincent’s Academy, at the funeral serv~
ices of James E.,Martin, Jr., whose, un-
timely death on Thursday:.at 6 a.m.,
was the result of an accident the -after-
‘}noon before. The services for the dead
lad were held in St. Vincent’s Church with
requiem mass, the Rev. Daniel Cronin,
S. J., of Spring Hill College,. being the
celebrant. The Rev. Father Daniel Brady,
pastor of St. Vincent’s, preached. the
sermon which was most touching. In the
sanctuary with the priests named were
the Rev. Fathers Cassidy, Gensheimer,
Lenehan and Platto. y %, .
The boy’s choir of the ¢hurch rendered
“Sweet Savior, Bless Us Ere We Go,” as
the funeral. procession entered -the
church. The pallbearers were classmates
of the previous. session of the dead boy:
Masters Francis McDonald, Thomas Wall,
Fenwick Walsh, John McDermott, James
Connick, William Bekurs, Leo McDonald
‘}and Ernest Reed. lor the recessional the
choir rendered ‘‘Nearer My God to Thee.”
The interment. was in the Catholic ceme-
tery and a large cortege accompanied the
remains to the grave. Many handsome
the grave.
SF ’
Mobile tu general,
According ta the atatement isaued, tho
resources of the Kirst Natlonal Bank to-
tal $8,721.425.03. Of this amount the to-
tal deposits consisting of individual de-
Posits, $6 38,844.60, bank deposits, $422,-
813.14 and. United States postal savings,
$18,943.31, aggregating a total of $7,380,-
601.05,
On November 10, 1915, when the First
National Bank took over the business of
the City National: Bank, its combined
deposits amounted to $6,780,340.49. Ac-
cording to the statement issued Saturday
the deposits of the institution have in-
creased $600,260.56 since that date. -
The bank in “its commercial and sav-
ings departments serves over 24,000 per-
Sons, said -Mr.- Junius ‘Woolf, assistant
ceashier.: Of, this.number, 17,006 are. gene.
eral depositors and over 7,000 are depos~
itors in the 1917 Christmas. fund savings:
The First National Bank ‘is: now: in: its
fifty-third. year .of. continuous _ service.
During this time it has served three bus-
iness generations in Mobile.
HE. CLAIMS TURNOUT
AND. LANDS IN JAIL
Phillip McDuffie Figured in Melon
me - Raid, Is Claim. » ~
When Phillip McDuffie claimed owner-
ship of a horse and wagon found in a
thicket yesterday, he was arrested and
lodged in the county jail in connection
with the death of John McLarney, 26,
who was found ;shot at the Gabriel. farm,
10 miles west ‘of Mobile, Friday night.
McDuffie was with McLarney when Mc-
Larney was. killed,. the sheriff's office be-
lieves, and a warrant officially charges
him with larceny from growing crops.
The horse and wagon were found in a
clump beside the road near the farm by
Deputy Sheriff. Charles Brannan when
he took B. J. Prine, charged with the
killing, into custody,
Prine, who was _ arrested. Friday night,
was still in the county jail last night
awaiting a preliminary hearing. Follow-
ing the shooting, Prine informed . the
foreman of the farm who telephoned the
sheriff's office. Prine alleges he. was
laying in wait for persons who had been
robbing the Gabriel farm melon patch,
The dead man was fully identified by
a number of persons from the neighbor-
hoom where the killing occurred, and
also by members of the’ street force of
the city and deputy sheriffs, McLarney,
it was learned on investigating the rec-
ord of the sheriff's office, was arrested
July 27 of last year, together wtih Wil-
liam McDuffie, charged with killing Cor-
nelius Johnson, a resident of the Wheeler-
ville’ neighborhood, and whose. body was
found in the. road by passersby. On
August 10 the two men were discharged,
they’ alleging. that Johnson was under
the influence of liquor and fell from the
HNONIAL prosperity ot
‘| Wagon on which the trio were riding,
his death being due to the man striking
on the back of his head.
McDuffie resides in the Cottage Hill
neighborhood.~ 7
MOBILE POSTOFFICE
BUSINESS BOOMING
Quarterly Report’ Will ‘Show ‘the
“Growth of Mobile. |...»
The clerical staff of the Mobile post-
office is engaged in the compilation of
the quarterly and &nnual report. of .the
office for the fiscal ‘year ending June 30.
Postmaster~ J. ‘Blocker ‘Thornton stated
that the business of the. office. had
shown a consistent increase during the
year just closed,’ and the amount’ of
business reflected through the office re-
ceipts indicates Mobile as growing in a
commercial way." °° ". to
Postmaster Thornton has completed
the table of:estimates. of expenditunes of
the Mobile: office: for the ensuing year,
ending June ~.30, 1918. : The estimates
have been forwarded: to the department
at Washington for allowance. The es-
timate places the expensés for the next
year at approximately the same amount
a3 was expended during the year dust
closed. .. :
MINORS «UNDER. “18
ARE BARRED BY NAVY
In accordance’ with instructions re-
ceived: by Chief Turret Captain L. F.
Groot, U. S. N., in charge of the Mobile
naval recruiting office, his office has dis-
continued the enlistment of minors un-
der eighteen years of age in the navy.
The bureau ruling is effective beginning
today. , Heretofore, Capt. “Groot stated,
he had been accepting minors sixteen
and seventeen years of age. The di-
rect effect. of the ling will be to cancel
applications for ehlistment filed by. six
Mobile boys. under the’ minimum “age
limit set by the navigation bureau.
William’ Lée Windham, 308 St. Joseph
street, Mobile, was accepted for the navy
as an apprentice seaman. ‘Windham leit
Saturday for: Birmingham from where
he will be ‘sent to Norfolk, Va:;:for’ pre-
liminary training. |<‘ 5s i . Bat
to din by hanging on Augiuat 3.
vomplion with tha Inw, giving the thitty
days between the date of convtetion and ©
death: ‘When asked if he had anything~
to say, Brooks ‘replied: Bt
“Another man ought to be put ‘to -
death with me."
Brooks here probably referred to Al-
bert Sanders, the second negro held in
connection with. the crime. Through-.
out all his many varying statements ho. -
has alwoys clung to the one fact. that
Albert Sanders killed Mrs. Hess. In his *:
statements of Saturday he verified what:
Tits
he intimated after his conviction Friday --«
night, that the officers
about the route the
night of the murder..
; °°
‘Newspaper. Men Are
were wrong -
tye
° re ‘
Excluded. : : 2° 4.9%
roe
Brooks “made: his statements” before be
Clarke, ~ Assistant. .Solicitog, i.
Courtney, sheriff's: officials; and »Detec-"%
Solicitor
tive Warren Burch. Newspaper men. were +, oy
the -visit. of. thar,
officials to Brooks’ cell, Sojicitor Clarke .4.,
Ho cy
tarsi,
The solicitor ‘refused... tos% ,
say if any other persons were implicated...
excluded. Following
told of what the negro had sald.
implicated Albert Sanderg,, according
Mr. Clarke.
in the statement made: by, the negro.
The scheme to rob the woman was
agreed upon at 7:30 o'clock on Sunday
night, May. 20, after Sanders
Brooks told the officers.
told of the money he had seen tn Mrs. _
Hess’ purse, according to Brooks, and °
Brooks agreed to ald in the 4
Brooks says he then went back to the,
hotel that night and took Mrs. Hess into ,
his taxicab. . ran By
. oo 3° Boyt rags
Drove Up Royal to St. Francls.
He drove up Royal to St. Francis. ‘He
fy
turned and went east as far as Com- .--s
merce and then north on Commerce to ~-
Lipscomb. * At Lipscomb he turned into -’
St. Joseph street and just before Beau-
regard was reached, Albert Sanders,
carrying out the scheme as agreed upon :
early in the night, entered the taxicab...
Brooks said that the testimony of -Mr.- -
Ralph Q. Carman, night roundhouse
foreman of the Mobile and Ohio, that he _
heard a woman scredming as. they :
passed the Terminal Station,
rect, as Mrs.
time, realizing © something was.
that
wrong and that she was not being taken : +
to the right place. ° Three persons were
ear took on . they:
aE Or oy
had. sce
brought her to the Hotel St. Andrew:in oe
his taxicab from the Terminal Station, | =
He said he --
met Albert Sanders in front of a-picture ”:
show on Davis avenue and there the plot -:~
to rob the woman was hatched. Sanders:;,
robbery. 4."
was ‘cor-"!*
Hess did scream at that .*
t
in the:automobile at this time, Brooks \* *”
told the officers—himself, Sanders, and‘~
Mrs. Hess, The machine. was driven,
on out St. Joseph street. to’ Manassas,
and there headed west to Conception
street. Then .the auto. proceeded out
the Conception street road, one of.the.
loneliest ‘spots in Mobile county. -:...° 41
o OO Qe ye
Robbery Thelr Only Motlve. 7
‘ * *¢
Mrs. Hess fought them, said Brooks. It
was not their intention to kill her;, rob-" ’’
bery was their only motive,:-but she
screamed and fought them so much that
they killed her. She was actually. mur-
dered, according to what . the”. negro.’
Brooks told the officials, near the cotton,
mills’ at Prichard on the’ Conception
street road. After Mrs. Hess had been
killed’ they turned off the Conception
street road into the Telegraph road at
Prichard station. Then the body ‘was
Chickasabogue. Brooks
thrown ' into
said that the testimony.of Manuel Beas-' =
ley, who said he saw them pass the May *7
Lumber Company on the Telegraph road *
was incorrect, as they did not go that
way. He verified: the ‘testimony of: a
white man, H. Guy, who was walking
along the Telegraph road and saw the
machine with two men in {t, enroute to
the city. He said one of the car Ights 4
was not burning and Fisher verified this: ‘
statement, ee FN ait Cette
: OO DE RNAS
Two Negroes Divide Money. ~
.They came back into the city after the.
murder and there divided what money:
Mrs. Hess had, in addition to dividing. *
up her. effects, to be done away. with,
each having taken his portion. i
The shoes of the murdered woman fell
to Brooks in the draw. He told the of,
ficers that they had’ found her shoes,
those that were burned in his back yard..
He_ burned them, the officials. safd he
told them, in gasoline, after he returned
from committing the vale: The * suit,
case’and Mrs. Hess’, clothes "in the suit
case fell to Sanders. ' Brooks told them ads
could “bet: <7
‘negro;* homed, Lira
where the case and clothes:
found, in-either of. two
Sheriff's officials, Assistant Soltcitor 2
Courtney and detectives searched the two,
houses but found. no trace of the missing
articles, although they feel that
would, hav
now.
BU
Ss
Feature. of ‘the
2 Iniyiduals
A agh'Streets.
n find istanding
last snight, there
c voted an’ average
day, Tues-
v4 “make the
Wednesday
H oa ie: time for
aster ay. ‘
vutidnsaggregat--
‘anounced at yes-
‘$1.@3was . gath-
d backets in the
Theesere work-
in
i ee
Mobiler edistrict are
| th§,contributions
elp the ‘local sub-
erable? extent, but
eal dight- must be
noresliberal contri-
here. if the cam-
‘ lure.
‘subscriptions
Re vad led~:. by» $400
tow i.gent “word
ye Sehecks will
ruly, Yearly... two
nent caut “from”
elp ‘from: the out-.
Mobije- district, and
i of
io tat evening was
-vorebis,comments,
aa “the: streets
1 fn bstantial way
to ‘the buck-
Aree the flags
iad * A‘ total of
* mall change, was
onstrating
“ ey. ss Poetz,
‘ft mem-~
wpaes
rh follct
Pa Bibs. Aiactha
scent), -and ,Betsy
er > bad oes a ao
outs * and’ ‘school
oll Wajgrman-: on
od Cross flag.’ +
dren were in-line,
Red: Cross flags.
Government «and
assed through the
around mayechen dp
ae Te ,
ug of the negroes
‘ount of Saturday
would have been
aptes to those to
|ARE NEAR $40, 009
New ‘Mark of? Port Believed: "to £
WEEK’S . PAYROLLS
SHIPBUILDING
ty
FOR:
|MURNAN. PLANT ‘BUILDING
FIVE, HUNDRED-TON BARGE
Oil tanker Winchell Nearly Ready
: - To Go to Sea—U-Boat Chas- we
ie ers Being Planked. .
o-
With’ a er payroll jor” the ‘week
of nearly $40,000, shipbuilding and
repairing is believed to have: reached
a new mark during the past week.':
Besides the money paid -employes, a
large sum was expended for ‘lumber
and other material, much of..which
‘|meant additional payrolls in thé Mo-
bile district. “The work was done by
five companies within lesssthan a mile
of each other, and were-divided _be-
tween more“than. a score of Jobat: ¥
oo Oo
Buliding of Barge Is Begun.
" The only extensive new ‘construction
work during the week was the building
of a large barge by the Murnan~ Ship-
Building company on Blakeley Island,
which was the first work of the kind
handled by the new company. The
barge ‘will have a carrying capacity of
about five hundred tons and will, it is
understood, be used in coal-carrying | °
trade between Mobile and the Warrior
river mines. The cost will be approxi-
mately $3,000. The frame-work of the
barge has been completed, and. it’ will
be only a few weeks before the: entire
work is finished. It is: understood that
this company will. handle considerable
work of this’ kind during, _the coming
months.
The steamboat Volcano, - of the Ala-
bama Coal and Transportation company,
which has been’ engaged in towing coal
barges down from the Warrior fields, is
undergoing repairs on the Nurnan marine
ways, the first repair job, other on
Sree, handled on the new ways.
Oo O'O
Barge Winchell, Nearly Finished. ,
“The ofl barge B. L. ‘Winchell, being
rebuilt by the Alabama Dry Dock and
Ship-Building company, is practically
completed and will be ready to go to
sea in a very short time. The .actual
construction was completed some weeks
ago, but there is considerable work that
can be included in the former class. - It
was thought that the vessel would be
turned over to the owners several days
ago, but there was some unexpected. de-
lay, and workmen are still engaged. . .
The rebuilding. of the’ oll tanker, ‘San
Cristobal, by the same company and just
across the river is moving on in a very
satisfactory manner, and ‘indications are
that it will be turned out near the end
of this year. The work: on this steam-
er and the oil karge Winchell, costs: apy
ee, tea ay 8
roe en wore
U-Boat» ‘Chasers vechie pianited 2
‘ About one hundred and fifty workmen
are engaged on the building of the four
submarine ‘chasers’ by::the Henderson
Iron works, at the plant on Pinto Is-
land just below the dry docks where
the San Cristobal is rebuilding. The
planking of the frames previously erect-
ed is now. under ‘way,’ and;a large por-
tion of the force engaged is composed
of skilled ship carpenters.: The work is
carried. on. almost simultaneously on the
‘opr vessels, though these’ up’ the stream
2) little: further .-than,
A. “shed spat
"Have Been Reached During» : ee
es keer
‘JURIST *PRESIDED 1
AT BROOKS | TRIAL. |)
3S JUDGE SAF FOLD BERNEY--:,
His conduct, ‘of. ‘the trial of the .con-
| demned negro is praised by Mobilians as
being just in ali particulars.
FIRST ‘NATIONAL’S
JUNE STATEMENT
SHOWS* HIGH GAIN
ie
-. sources Set. Forth, Deposits ‘
,: Being Over Seven Million. .:.
sons ' 2 ot. a’ a ee ‘ ‘z
1A: 4 * “ : U - . ‘
‘In :response, to the call of the comp-
troller of the currency for a statement of
its condition as of June 30, 1917, the First
National: Bank ‘has. issued a statement
which .. strongly -reflects,. not only the
strength of that institution:as a financial
power “but-of the-.financial. prosperity of
Mobile in, general...
According to the statement issued, the
resources of the First National Bank to-
tal $8,721,435.03. Of this amount the to*
tal deposits consisting of individual de-
posits, $6,938,844.60, bank deposits, $422,-
813.14 and. Unit States postal savings,
$18,943.31, aggregating a total of 3$7,380,-
601.05.
On November 10, 1915, when the First
National Bank took over the business of
the City National: Bank, its combined
deposits amounted to $6,780,340.49. Ac-
cording to the statement issued Saturday
the deposits of the institution have in-
creased $600,260.56 since that date.
The bank in ‘its commercial and sav-
ings departments serves over 24,000 per-
sons, said ‘Mr. Junius Woolf,. assistant
cashier.' Of, this. number, °17, ogo are gen-
eral depositors ° and over 7,000: are ‘depos-
itors in the-1917 Christmas. fund savings.
The First National: Bank'is* now in its
During this time it has served three bus-
iness generations in- in lata
HE. CLAIMS TURNOUT
AND. LANDS IN JAIL
Phillip McDuffie ffie Figured i in Melon
vo Raid, Is Claim. )
“When Phillip McDuffie claimed owner-
ship of a horse and wagon found in a
thicket yesterday, he was arrested and
lodged in the county jail in connection
with the death of John MclI.arney,. 26,
who was found,;shot at the Gabriel.farm,
10 miles west ‘of Mobile, Friday night.
McDuffle was with MeLarney when Mc-
Larney, was. killed,.the sheriff's office. be-
lieves, and a warrant officially charges
him, with larceny from growing crops.
The horse and wagon were found in a
clump beside the road near-the farm by
cena Der ist, Charles. Brannan ‘when
int Ce ers ee Ca
‘ To Hang But One Negro,”
Nearly ‘Nine Million D Dollars in Re-
fifty-third year .of. continuous service.’
Mrs. Tulia “May: ‘Hess re.
.tually Slain at Prichard
2
se 8
“Let Me in That Cell 1 With @
: Sanders and You'll Need *
. Declares werenhes Dri-
$ ver of Taxiy e+. 3.
re
: Fisher’ Brooks spent the day Satur
day in his cell making a pertes, 0.
“confessions.”, = . Pen
‘The many different stories rH has
told since his arrest for the murder’
of Mrs. Julia May Hess were added’
to Saturday when he told officials, 4
the exact movements of himself and «
Albert Sanders on the night® of the.)
murder. Through all his statements, -
Brooks contends that he and Sanders ‘>
4
are - responsible for. the woman's
death. He does not admit that he
killed Mrs. Hess; he says Sanders-:
actually killed ‘her, that he was in the ,.
machine and hauled her to Chickasa--.
bogue, where her body was throwa
into. the stream by Sanders. ', i 3
coo
WII Die "August 3, Says judge. 4
‘? Brooks: was arraigned in the circuit
caqurt Saturday morning and sentenced:
to die bychanging on August 3. . This ¥
complies with the law, giving the thirty.
days between the date of conviction and .
death. When asked if he had anything ‘ k
to say. Brooks ‘replied:
“Another man ought © to be put to : 4
death with me.’ f
Brooks here probably referred to Al- . ”
bert Sanders, the second negro. heid in *.
connection with the crime. Through--.
out ,all his many varying statements ho ;
has alwoys clung to the one fact, that
Albert Sanders killed Mrs. Hess. In his
statements of Saturday he verified what
he intimated after his conviction Friday
night, that the officers were wrongs:
about the route the car took. on the
night of the murder. . Xutey
oc 0 NG
Newspaper Men Are: Excluded. .;
Brooks “ made~ his statements ~ ‘petora 2 siz sek
Solicitor | Clarke, Assistant Solicitor pte
Courtney, sheriff's’ officials, and» Detec- ¢ t
tive Warren Burch. Newspaper men.wera.,. +
excluded. Following the -visit. of.. thee g
officials.to Brooks’ cell, Sojicitor Clarke 4 ah
told of what the negro had sald... Hocn,
implicated Albert Sanderg,,. according to s
Mr. Clarke. The solicitor refused toi ats
say if any other persons were implicated: +,
in the statement made: by, the negro. ets
The scheme to rob the woman was:
agreed upon at 7:30 o’clock on Sunday.<:
night, May. 20, after Sanders had,»
brought her to the Hotel St. Andrew: in ¥.
his taxicab from the Terminal Station. .
Brooks told the officers. He said hey:
met Albert Sanders in front of a-picture ,
show on Davis avenue and there the plot «;
to rob the woman was hatched., Sanders. ;,
told of the money he had seen In Mrs. .
Hess’ p.uise, according to Brooks, and:
Brooks agreed to ald In the robbery. 4
Brooks says he then went back to tha”.
hotel that night and took Mrs. Hess into
his taxicab.
o°o
Drove ‘Up Royal to St. Francts. —
eee, > -
ah
i") bee: eo
rae, weak wt"
Pree eet eee Saiebd bindisdsaetess
a EME The
i oe
bel
“SUNDAY, JULY 11917."
edecateindataniaiateas una Tee
or
3
EACH DAY
“CROSS AIM
Inder $60,000, Raised
During Saturday by
of Committees.
Med from Page 1A.)
ap..-“‘Now that we have
Tt, let's keep going,” he
ponse to letters sent to
ations ‘come yesterday
pdge,.Knights of Pythias,
ler. Masons’ sent in $10.
- responses are expected.
belng canvassed by Mrs.
a. -her..committee; and
given as soon as receiy-
mle..is.. being handled by
gunés.and committee. Miss
and committee are can-
mHill.. The Oakdale sec-
ndled by Mrs. Richards
‘and their committees.
oe ae A ie
chhefmer issued the fol-
ht? last ‘night: -
ttyou, my captains and
“and-women, feel .good
ing good and because
6ricans. '
ecoOmpense, my grandest
act that we have all re-
oval of -Mobile’s citizen-
forts -or more correctly
“my captain- and their|},
omplished in this holy
g our noble have, are and
do for the brave soldier
o'dearly; and lastly: be-
Ma true spirit of chivalry,
vic’ pride and national
merhaps for a time has
metively and efficiently
sch portends so much for
this spells’ the. end of
espotism’ and autocracy
hment. of everlasting
von earth, good will to
irit. as displayed by the
Mobile and vicinity,
of: modest means, both
td;represents the true
character, of Amer-
y of American virtue,
nor -which makes it
ule for all of us to labor
noble cause. gee
Sacmined cig ho cgtta ed
is Assured.
“»CO-Operation—concen-
é-applied detemination
asm counted for any-
nt success for all by
. and grand
‘the disappoint-
mei scars that you get in
especially work of this
=
ho” get ahead
2 accepted that, like
“women; stood: your
ight every inch of the
nish will.be crowned
@:down, to give up, to
hat. you will come out
lag of failure pinned
arom succeeding:: You
sasmallest degree thus
eriences, and the old
pod and noble cause—
ompletely routed. You
Ageting upon the honor
(gy is already yours, and
mblazoned in brilliant
ent, the words ‘Suc-
lory ‘for Mobile,” and
BROOKS WILL DIE
Bd HANGING AUG. 3
Long Trial «in Which Negro Is
~ . Proved Guilty Establishes oa
New Court Record. Pane ate
. °. (Continued trom Page 1A) ‘ aad
story of the entire affair. One of the
mixups with regard to: Brooks’ story and
evidence gathered by the police is with
regard to the automobile used. Brooks
maintains that Mrs, Hess was killed in
the old Maxwell car; blood: was found on
the new one. Then how did this blood
come to get on the new Maxwell? is’ a:
question. worrying officials,- as Brooks
says he knows nothing of it and-that the
old Maxwell was used to commit. * the
murder, 6": 6. os, Bye Bae Tel :
Sanders and Brooks, who are confined
near one another in the county jail, kept
up a running fire of talk-all day long.
Brooks has cursed Sanders severely. He
insists that Sanders tell the truth about
the whole thing. Sanders, however, re-
fuses to say anything whatever and an-
Swers the condemned man only at times
and then to remind him that “it's your
funeral, not: mine.” :
. Brooks begged the sheriff to let “-him
get into Sanders’ cell. He’s anxious - ta
get close enough to Sanders to lay his
hands on him. and threatens to render.
@ trial.‘useless if he can reach the sec-
ond man charged with the Killing. ~
“Just let me into that cell with Sand-
ers and there will be only one nigger to
ang,”’ he told Sheriff Holcombe.
When the trial of Fisher Brooks con-
sumed three days before it reached a
conclusion, a new record for lengthy
trials-in criminal cases was set in Mo-
bile. There’ have been a number: of
murder cases of importance tried in the
courts of Mobile, but all occupied less
time than the trial of the negro convicted
Friday night of the murder of Mrs. Julia
May Hess,
The trial also smashed other. records.
There was a greater number of attorneys
in the case and .a greater number of
witnesses than ever before heard in any
one case. Messrs. J. H. Kirkpatrick and
D. B. Goode represented the defense
while Solicitor N. R, Clark, Assistant
Solicitor Jack Courtney, Attorneys T. J.
Bedsole and F. E. Poole represented the
state. The two young lawyers who re-
presented the negro did so without com-
pensation. - They were appointed by the
‘| court to defend him and attorneys when
80 ordered must carry out the mandate
of the court. _ : ay
- ooo et
Attorneys Work Hard for Defense.
Messrs. Goode and Fitzpatrick spared
no time or expense*in an effort to do
justice for their client as they were up
late’ many nights, visiting all sections
of the city trying to find evidence that
might aid in clearing the negro. Solic-
itor Clarke took occasion to pay tribute
to the two defense attorneys, in his ar-
gument before the jury, while the man-
ner in which Mr, Kirkpatrick conducted
the examinaticn of witnesses, won. the
approval of the crowded court room dur-
ing the three day-hearing. - Fs
The trial was a long and tedious one
for court officials and also for the sol-
diers who stood guard in the court room.
‘The trial was exceptionally tedious for
the stenographers, Messrs. R.. H. Me-
Connell‘and Stephen A. Carlin, secretary
to Solicitor Clarke. The soldiers were
under the command of Captain Mlies
Sevelle, with Sergeant Teague, in’ charge
of handling the men in the jail building.
CAUGHT ON THE RUN|
Mr. C. B. Edwards, who was agent
for the fire insurance department of
the Mobile & Ohio Railroad, at Mobile
for nine years, and who resigned in Sep-
tembef, 1916, to accept a similar posi-
tion with the.Seaboard Air Line at Nor-
folk, Virginia, has been selected as man-
SEN. H. T. HARTWELL
RETURNS TO MOBILE
State Senator Harry T. Hartwell has
returned to the city after an absence of
two weeks spent in Washington City,
where he went on personal business. He
stated to The Register that he found the
wheels going round: with ‘aihum ‘at t:
nation’s capital and‘ that- the: admini
tration seemed to have its hands firr.
ly on -.the situation. Everybody }
meets, he said, seemed td have t)
utmost confidence in: the president.
In Biblical times the strongest rope we
made by strips of camel hide, as still use
by some tribes of Arabs... 0» i ~
LO
+
:
L..H. MEYER & SONS.
Cambric
Blue > ae ac 50 dozen, full cut, fast 59
colors; Monday only... C
Shirts is
-Men’s
Shirts
+ 25° dozen, worth from
os eee ae 98c
High Grade $!-25 to $1.50, Monday
‘Men’s
35 dozen, nicely made,
Laundered pretty patterns, Monday 5Oc
Shirts °° only. 65 eee .
Men’s
Wash " only eaaopame a,
‘Pants *** ”
: Worth $1.25, Monday $7 210
Men’s ne :
White :..
All Colors; Monday
only eee oe thee relezee ea}e *
Silk Hats
Khaki
‘
fe Monday ‘onl
SEEN
JY oeceteete esienig)- :
Pants ~~ a
Bays’. se Se
Shirts —
; ; {«-
Sport Mane ‘Monday ONLY. we ents were
Boys’.
Wash
~All. 65¢ and 75c Wash.
. Pants, Monday only...
‘12 dozen
well made
Khaki Pants, -Monday:
a) ET: Ae ae
rested thursday" by Deputy: “United: ‘states :
Marshal Ed Tunstall on @ warrant ‘cnarg~'4 we
ing violation .of section 3 ofthe espicnage site
commodate. the ‘shipyard ‘workers will ia
provided,’ and’ we hop>’to’start. the ‘train
some. time during the coming: week," Said
sb)
ose: who:
Up heas AF ° the |:
he elvish”
# the Car-s
“american
rture from.
| ‘was locked“up in the city prison":
“About a hel hour. before ‘5 o'clock, ‘the: I;
mber 215. °
pen.“ Jahded :.
by. a Ger-
am: 15.%o’clock
me passen>
th the. -ex+;
two *trim-
e;ben kill
osion. =~ +.
at:- just
Lasted * a
my forward
uteJater a
the “engine,|.
‘Sany ‘kind.
‘Fsurviving:
ay” in: the
difficulty; <
though .the:
at, but the.
and. fired.
illed rapid-*
after being:
a After her:
mots tire:
Oe ‘of impor-~
Irx Gray; - of.
in) 2 th
nd ye younger :
be: Strength-.
bugh: the de-:
¥ byw taking
GTONIC.. Et
Yhlood = ~and
SeeYou"t ican.
NVvicor: ole
iNEW*
e@: Biloxi.
: Mr. Boykin. 2; a
Feats ss No Se
“AS' soon: as: aefinite: ‘arrangements ‘are.
‘| Completed *for.- putting’ onithe:train an-'
nouncernent * will ‘be’ made-of.-the’: sched-'
i tule, ‘ete: for’ the information of those who;
“yt
Nero ‘o' the. Last: i Decares ee
a ‘Albert: ‘Sanders,* ‘conylcted”: ‘of comple
“tity. in the murder ‘of Mrs. Julia May Hess’
in “May - ‘of last year, “was legally: hanged’
:‘}in Mobilé- county jail’ yesterday “morning.’
the! trap ; ‘having * heen “sprung : aty5:14,
o’cléck..: “The ‘body owas? ‘cut™ down “after>
having® hung’ for:13 1-2; minutes ‘and. life.
being then’ pronounced extinct. by phy-.
‘siclans.”:: Sanders: went’ to his‘ fate stoutly:
‘maintaining inocence of*complicity/in’ or!
knowledge’ of ‘the murdertof: Mrs. Hess.‘
‘He: made’'a ‘rambiing statement’ shortly.
before . lo’clock yesterday morning: in‘his
cell. to newspaper.men, giving ,details of} -
his”;whereabouts the {night of ‘the: crimeé;|-
and:for..several: days: thereafter and” un-
til: he, with Fisher’,;Brooks, :;who + was
hanged .for;the: same;.crime. last August,
‘time. set* for!.the ‘march tothe: gallows,:
‘Sanders,': for’ the first“ time. during ‘the
day . ‘before ‘and that::night, =manifested
serious interest’in the efforts of: the: col--
ored. ministers and’ members of. Baptist
churches who were with him: almost con~.
tinuously’ that it’ was’almost: time to-go:
and"asked that they join’ him/in -prayer,:
prior to: that: time‘ for-anzhour he having
walked up<and down“in': his”: cage: while
the pastors prayed and sang.* He, smoked
cigarettes ~ almost © “incessantly, ~
them ‘apparently without a: {remor.. i
id oO: ,
‘Relterates nnocence. UES :
On.the gallows, when told he! ‘could. ‘say,
‘what he .desired to before; the - ‘end, 'San-
‘ders: again ‘reiterated’ his_ former -decla-:
ration‘of innocence, saying he knew’ noth-:
tng of the crime although the court had
declared -him «guilty ‘with’ Fisher Brooks,”
who’ had been ‘hanged last August. “He,
expressed his appreciation of the’ kind-:
nesses’ extended him. by: Sheriff ’'.W. H.:
Holcomb. and his officers' and ‘the sheriff.
‘and officers of’ Montgomery - county,; He:
asked ‘members of ‘the - court! and the’
law. officers to hereafter be’ careful when
they. arrest a.man.-for a:crime to be:sure
and. get.‘the “right: man, *:saying’ in® this
ease .they had the wrong’ one.
‘ed and looked at the fatal-noose hanging
by ‘his side: and, seemed: not: to, be. affected
thereby. 7»: : bee Eee
#°CO AST:
: TRAIN
EQ UIEMENTS “ASS URED
Men to "Benefit. any
“ Equipment ° “for” the. special ‘passenger
train to’ operate between Biloxi and Pas-
cagoula, = Miss.,'for ‘the: benefit ‘of vthe
shipyard.:-workers’ of*the ‘latter place re-,
siding -in';Biloxi, has been. assured, said
Mr... W. ‘M::Boykin, assistant superintend-
entof: .the: New: Orleans-Mobile ; division
ofthe - ‘Louisville * ang) ‘Nashville , rallroad,,
yesterday. A acs Sot Mahe, sof
ao +
-He turn-)]
Shr] are expected to” be: benefited ‘through: its.
opération. =" It? ‘Was’; understood’ .that. be--
cause-of s0';many’™ “of the” operatives: in
sy] the yards: ‘residing ~ in: Biloxi ‘that city:
: would: be made’ the terminus ‘of the train.;
a TONGUE:
GETS: NEGRO.
arya 4 te
Seqe. -Uncle= ‘San puts,me in “the army is B
will-:shoot:; . Americans,:° besause '' I won't:
shoot’ ermans,'” "is the statement- alleged:
to have been ‘made’ by “Charles Bright, ° a
mulatto bare civ of. sabes “who: ‘was’ ar;
act.’ ‘Bright’ was’’taken’ to Brewton’ by x
the deputy.‘marshal and ‘arraignei: ‘before %
United. States Commissiot.er J; ‘2.7 Rabb:
The. negro *~waived*:examination |: and. -was
rermandéd: in’ bond’ to await’ action ‘of :the
federal grand'jury.": Failing to make™bond
ey was, locked BP inthe Sscambia.
Re Absolutely”
aie
EiGil.: Ae
ndigesti
= xefund, money: ‘if it. fails.’
Ce ee a
= ecg
ae 4
STE “WHITE GUeee
“ agay i.
“seals ‘ay Sag 4 Orahy
"Washington: June 29715
ol wh is 4
Te hives me st pleasure to express: my admiration for: une 210
ALITA SCHOCL." ‘All that I hgve ‘known of. it, directly; or, indirectly, > .
oS pew AR: DEPARTMENT,
WAR: there is hereby ‘established ‘ at
Dae made me pare: the greatest confidence in it,--* 4": ap
Ln (Ligned). WOODROW WILSON) Riess
a ikke
‘Nov.,” “4917 i By ‘order of the SEG. <
BINGHAM: MILITARY SCHOOL “an
INFANTRY. UNIT. of. the Junior. Be Len Si of: the: Reserve Ofiicers’
re ‘Adsirees Col. R. Pin Sup’t, Route % eta Nc i P
Military Professor, Ashevilla, N. Cc,
2 hid Capt. a ohn A, Perry, U.S, Amy, Retired,
vg Pee eg TRS pire ad
‘know, se
‘srolling |°*
; “red, ‘rough’ nd brie Iwas so,
ashamed that I never had -any:'
Mon? “TI. imagined that’ people’:
avoided ‘me—perhaps they aid/ ,
But the regular use of Resinol
Soap—with a little Resinol Oint- :
ment vars vat ‘first—has given me
ne wish . you'd ty, ity,
ged,
"Resinol Ointment and Resinol Soap aeo clear |
away dandruff and keep the hair healthy and} *:
! attractive. For trial free, write te Dept. 2-B, |
ape Baltimore, Md. . ae:
The jury. was eat just
‘ ah the entire trial
ofp OUD 20d one mipu
| hetibe- Whey Sunge:
ae pt
contented
son
oirat : «ALTE o'clock hot
| Closed and Judge Pelham
Joda bret charge to
4 Hired at 11:20) o'clock:
later the verdi
el The “declining . Rationa aT:
{| Should -be replaced by A movement:for]
she ‘common: defense of the central}:
parieon,? 7
After Mer! Kita.
bls adress,
*
> European
Qourvesing
mM the etand
<t3
tthe “Chines
{D4 catried
Zemeuta |
The veto ,
trond ibfe wit
‘[enly seriou
trade with t
claimed to
European States agalost the American
ftrarteOwnteh ara’ Moving to! conquer
j the: foreign markets more surcly than
Inewtows balance of: tra
“unparalleled figure,
ey could be conquered. hr hattleshipa,
ea ad ‘ha
| spend ‘a nigi
he telegate
-| He said it.w
and | preée ‘himse!
Bd | misunderctoc
Tele tea di
‘Zation, that
mitted,” “sa
washington
¢| as individus
amy. -
Branaville, ind:
©, Secvetary-Tresaurep-:
is Lima, 0. 4
ND. BROKE HIS. Xac
Sas Bernardine, Cal...Aug. 22
Be areca: ety Zane: A Teme
mitted a cri
ees Asheville, f)2
= i
C VOLUME XIV=-NUMBER b4o- a coat = gee
2 C) Luainficad
cetenagaagunane armen eas
Mob Charges the-Jatt “and sheriff's
eee epee
es MEME 4h aE THE PER
a sma Seni am te
~ a On nthe. Would-Be. ade fr:
Veet ‘tise Wit Sem "eee
(ERS HY. .
en $0
SE an ges Tee
Ge 10 pm &
be 10 00 am i
|Which Will
Make Thea
oF a FW
= se SlesNobwe Gitets Gens ietsdeandcenterecerpecotisere:
re. “Decart
en Art pas
‘ae © . t !
Feet ay sco pm)
Sab in” val wee
ying 9:
algae Kichaalaeoo an gemaaar
New. Yo teenie ae
Wteteld Ac .
Bo pre
hlee a
New. Tech ex:
Winlieid / ae ve
TRA oF Gt
‘ Vast aa a oe
fote the *y
, OF ToROReTA |
Past, uate
heade omt spo
bends cee
i pre
BAe -
the etathes st.
maveed: thes, a fons: thee
ly except Sanday;
tno ree ww Coutral tee.
Giener; -
4. mob on the outelde.’
Great Southern RI
“> The wounded are?
To Bea
Eligibic.. ‘
cusses the Insular
Cases.
‘Geeeieedlindemaetaeatttedeteeieeia ate
Lithfield Dis. |_ anese_
on eiaineyntmiraeif epee ean agian
ae Onjested tothe Negro’s Removal fromthe-County—.|
~ ‘The Sherift and Men Arc Now ‘Barri. ~
oy = eC -_caded in Court Mouse. :
-afternoon when’ mow or herwnen 300 f
-\ and 490 men ageembled there made a
_ charge ppon that, Dullding for the pur:
“pose of securing Jim Hrown, the
Springsille rapist, who had just been
_ tried. convicted and semtenced to death. |
Over 10008 Shots — were fired between
‘the Sheriff force batricaded in the
court room with the prisoner: and. the
Two. men were
fatally wounded. and a boy. was badly
<Muttiovs 3 pales Die
stent thibain arbres thn en
- Walter Blankenabip, shot —
“the head @ith a Winehester riffle ball,
Arthur’ Blankenship, @ebut ip the
i ~ ehoulder and the bead sith heavy shot. eae
shet In the |
i e Jury > flud
A boy’ pawed Hanby,
bead, but will recover, | :
a Ko fay as is known, none of the depu-
Tes om the Inside of the: court pune |
were wounded,
zs “A NUERED THE CROWD:
) Ater the trial and couvietion iC be-
came nolerd abroad. ‘th the prisoner
a was'to be taken beck,
,. TOS seemed to an-
pot vo take
Ere Poi Apbvilied Tho Shert® in-
formed those who rg@ade the demand
tbat certain orderey bad been given
bim apd that be would act upon them,
The mod, (¢ ie said, then demanded
“the delivery of the: prisomer to them.
This wea refused, and the Sheriff nott.
fied the @ould be lynchera that be
-@@ald shout the fret man who placet
hie feet upen the court bodee atepe
Pete ditermined stand kept the woh
at bey Hie, bat atyeatd
o'chick a ¢itizeo dashed up tie steps,
and fod a revelrer,
for sung
‘This was @ alg
aa ae
é ee Sylosdera ah
Alspoke Waa. Clcth,.of.the Court, Hood, |
th rough |! :
0 Birwinghans |
ttn liane ake dh cial toad
ti: Kobe pe ai ont
A mong ‘those: who
+ ae pleat with: “the citizens-totet-the+
law take {te course. One of the mob
replied that they would never he sat-
Isfeid until they were. assured that
Brawn would not be taken out of Bt.
Clalr county. Mr, Ce ‘oncton of Spring-
ville also lockout and urged that no
Lvlolence be. copiuittied.-Al this timal—
the xbertff and hia deputies were tn]
the courthouse guarding Brown.
At this hour, 2:8) p.m. Walter
Blankenship; who wax shot through
the head with a Winchester. is dying.
/rthor Blankenship. shor through the
shot, tw niko ay img Seams ete
sean ah bw We -Prieduama——
_THE-TRIAL...- se nbs
Stal Correspoudence. eee
Ashville, Ala. Ang. 22.—"We, (the
the defendant gullty aa
charged in the indictment and fix ‘the
penalty assleat
Such was the verdh@ in the case of
iio, Brown..the oecrowho..was.sried;
here today for erimiual assault upon
Miss Dell Garrett near Rpringville, last
May.
The jury was cut dt stat eleven miuates
and the entire trial lasted exactly. two
ici a we ae ¥
“heart BO OO vente eases:
Denver, aan ‘Ava. 22.-The General
Council of the American Bar Associa
tion has decided that women are not
-| on: uuder. the .present _ constitution.
“‘Thte-dectston-wae-reached-in-the-case +e
of Mra. Jane B. Ott, Dyersville, la.
who had applied | for membership.
The council was almost evenly di-
Titer on The question: Tt wae Way |
decided to let further consideration of |
ihe matter. go over a year. then take |
up the qnestion of appolating a com-
mlitee’to draft an amendment to the
coustitution Which will make womgy
‘eligible.
"bkhe feature of the morning “wession
today Was the annual address ty Con:
grevsivau Chaties KH “Littletleid,- 6f}
teotitand,-Me---—--—-—- <a
Mr. Littleneld spoke. on the united
insular cases,
These vases, be «aid, considered in
the wanifer Ih which the results were
reached: the fucougrnity of the results
and the variety of inconsistent stalled
thirternth amendnient. to the conetl-
1H0R a6 H-baa been eonstsued— bs.
‘the Supreme Court in Porto Rico and
the Philippines. He said, referring to
slavery ag it existed In. the Uulted
States: ;
*The fo canfiot be driven out ef
the Routh." He In vastly the superior
of the Filipina physically. ahd until the
eR 6-8. Sad. Dorglaas |
ora her T. Washington, be has
nothing to fear in ko intellectual con:
périeon.”
‘After “Me. Littlefield had conciuted,
taltteds: were roceived.
Ps ned trots were Siousd Ts bet
sme “shave
the special term of court at 10. o'clock
this porntog to try Brown. ty
_ The prigoner. wae. transferred from
the county fail to the court room by
Sberitf North and twenty-eight depn-
ties, The officers were heavily armed
with repeating shotguns, and after en
tering e court reom the depaties
were ranged around inakie the bar
railing alimiont completely ae oeeens
the prigoner,
The crowde guickly filled the court
foom Ww overflowing and while there
Wan intense interest shown In the trial
there was no manifeatation of disorder
“AMERICAN: TRUS
Will Conquer the Ear. pian
| Markets. Prof. Sucsa®
on the Situation. :
Vioona..
fuees, the emiment publicist and
paleantologiet, has given an juterview
preponderance. of the United States
that attracts niuch attention, eapeclally
ae It coufitas the antLAmerican views
of continetital manufacturers aod
eUaible to membership fa. Me aAswocte-t
bis address, reports of Btnading com- bas
Aog.-. (23 -Prof,. Rauard
reapecting (he industrial gnd political] ®
ius oe ete ae
he. :
Yokohama,
chico, AUK.
ne peep
That it je a
0e-Pe
fs foregone «
contiden tly p
it will) per
@ 111 epee sane
When the
velopments 1
{has aMbitioo
attitude of 1
has aumbtitio
Shose of the.
workl pariian
content to b
in Jegisletion
“ly conserrat
to: bea vit
dapanese poll
It wae larg
ignored thia f
to piewen oH
a strong par
Lower Hou
| Bur the Peer
Twhbe tell or
servative pa
heeaming inte
sive excttes
meant: !
The nttve pr
the fallore o
being
Lore. th. 5
to a deBnite
tnstate that r)
elal to be.
ee Siok A:
. scorriey
ed "Can
ty-5
and othe trial procesiied without the
F/-2-[/4¢0/
ecomotaiata
Ttoday7 AN the com
recently with noa-n
2 operation, with abou
of-n te
2, railed at ali polpts
easy
w } With the” progress t
dently preparing
the strikers in the
{other plants. with 4
‘The Let ull at. iy
barre nat stat Toda}
Fires were lighted |
terday, bot it wap la
¢ fHone resumption ur
et
event which atitacted
‘fea inch caienisiae from all parts of
. county. bela thie one and never were
festings so quickly ‘aroused, Though
wounded, Judge Pelbam entered the
cont. honac heard.that.iberasraa.
the. bai: way that the prisoner waa to
be pately kept would be for twe meo }
were © examined: ‘ fauntalig tae ine jury
charged. Ampartially and freely, ‘Judge
Petham wae. letermined ‘that the law
| ceived © iaive har ‘oa aa
_| caused through. the
ment fo get a som
j skilled mem to op
Hike company deny
Fanarmente cave:
, i ronolng two. calle
a
re eipected In a Ye
manager. gays: the
will be: started mp.
order: about tha-w
remeloing. away
‘erty, ‘
After atts me
ina heln
Peylvanha Tube abe
acene of disorder
bat there waa ae t
> | among tbe men Jolt
| & by organiners F
Cel Wyatt, of the Ff
While two aspects
tbe-foreignera exple
ances were tnjusiou
Four, policemen ©
mollt throughout. the
1 tn the minsioaary: ¥
/ Ramer: wae cw
A008 ef Asia loraahte
which eee
Jebn Mitchell, of
Workers of (A
argent, of the F
nS | motive ~ Firemen:
White, of Abe Ale
e Day ot MIO
At the tum of the century Ashville had its first bit of national
recognition, and one of the few really stirring events of its history. This
came about as the result of the bravery of St. Clair County’s sheriff in
defying a mob when it seemed that people had at last learned to respect
law and order. The sheriff, James L. North, had to risk his own life to
save that of his prisoner. A Negro, Jim Brown, had assaulted a young
woman near Springville in May of 1901. Thinking that he had killed her,
he threw her body into a shallow stream. She managed to struggle from
the stream and call for help. Jim Brown fled the state and was later
arrested in Spartanburg, South Carolina. Sheriff North went to this
place, identified the man, and returmmed with his prisoner to Alabama,
where he placed Jim Brown in the Jefferson County jail for safekeeping.
In August of 1901 the prisoner was brought to Ashville to stand trial.
The trial docket for the year 1901, stored in the record room of the
circuit clerk’s office, reads as follows: $
August 22, 1901
A. W. Woodall and eleven others, who on oath do say, “We the
jury find the defendant guilty as charged in the indictment and fix
his punishment by death .... It is further ordered and adjudged by
the court that the defendant shall suffer death by hanging. Friday
the 20th day of September, 1901, is hereby ordered and fixed as
the day for the legal execution of said defendant .... {He] shall be
taken from jail by the sheriff of St. Clair County and shall be
hanged by the neck until he is dead, at the hour of twelve noon.
As soon as the verdict was read, disorder of the worst kind took over
in the courtroom. The feeling against Brown was intense, and a great
many people were in Ashville. Before the prisoner could be removed
from the courtroom a riot occurred, the mob attempting to take the
prisoner from the sheriff. A number of shots were fired both on the
court square and inside the courtroom. A quick-thinking young deputy
sheriff, Walter Crow, who had conducted the prisoner into the
courthouse and was seated by his side, ordered Jim Brown to jump from
a rear window of the courtroom toa first story roof. Brown jumped and
Crow followed. He hurried his prisoner into a buggy which was among
the many at the rear of the building, and they were quickly out of
Ashville on the ‘double bridges road.’’ When the deputy and his prisoner
reached the railroad some two miles north of Ashville, Walter Crow was
188
again had Jim Brown 1n jai. jie tte Se
alter and Arthur Blankenship, were shot. .
members of the riot gang, W
Walter died that night.
Among the papers of James L. North are letters from Governor Jelks
assuring him that he would be protected and upheld in the stand he took |
in protecting his prisoner. He gave North full authority to carry out any
plans necessary for the execution. When the prisoner was brought to
Ashville to be hanged on September 20, a special train brought him. He
was attended by two deputy sheriffs and one hundred men from the
Birmingham Military Battery. The hanging of Jim Brown was the first in
St. Clair County since 1878. It was the last ever to occur in the county. '
A warrant was issued for the arrest of Sheriff North, charging him
with the murder of Walter Blankenship. This remarkable criminal trial
was over by October 16, 1901. The Dallas News of that date stated:
It was remarkable that Sheriff North is one of the first officers in
all of the South who braved a mob’s vengeance and went to the
extent of firing upon men who were attempting to commit a
murder.
The trial ended with a verdict of “‘not guilty.”” The New York Times of
August 24, 1901, paid tribute to North:
Sheriff North of St. Clair County, Alabama, has done more for
the good repute of his state than any other Alabamian we have
heard of for some time.
Walter Blankenship was buried at Evergreen Church Cemetery. A
marble obelisk was placed at his grave which bore the inscription:
“Walter Blankenship, killed by Jim North on August 22, 1901, while
protecting the womanhood of St. Clair County.” Around 1950 this
monument was replaced by the deceased man’s family with a simple
block of marble which bears the name, birth and death dates — no
more. °°
e Oi dae re
LO6T SO¢ woqueydes feueqeTy feTTTaeysy pesuey SyorTq Swtr *NMOUd
rar i
dadt de Wrk WH LN 2
{ cys | Cl:
ATG DUAL UW, ols
Ried
OLD COMFORTFOR CLARK
‘The Double Hanging of Brown
ie and Dalten
OREW A CROWD OF 10,000
"t
ne
J ONLY 172 PEOPLE LISTENED TO HIM
>.
| His Managers Were Thoroughly | Disap-
“pointed, as They Naturally Expeoted
Him to Have a Larger ‘Audience,
= . Applauded but Four Times, :
Union Springs, April 4.—(Special.)—One
of.the largest crowds that has ever as-
sembled in Union Springs was here to-
‘May, It is estimated that the crowd was
&nywhere from 5000 to 10,000 people’ peo-
le, The occasion was the hanging of
MCharlie Burton ana Jordan Brown, who
iullied Johnston Dalton at Mitchell sta-
thom last year. These negroes, from their
“statement, went into the pearly gates
| Of heaven, ,
“would be many people here today, had
him on hand, and at 1 o'clock he began
{his discourse, This fact was ‘announced
| By dodgers, which were sent out through
the county and ‘by’ our local newspaper
algo, and also in front of the court house
Dregent 139 white men. In hig speech of
three hours he was cheered four times.
He dwelt at great length on his war rec-
oré-and_ attacked Johnston on. many
points that utterly falled to receive any
response from his ‘hearers.
~The Clarke men have Sliven up-after
such efforts to secure a erowd and a
grand ovation for their champion. Such
@ failure is too much for them. A noted
Clarke man of this county was offering
to bet that Clarke would carry the state,
When asked by two Johnston men to give
money and has not been seen since. The
Advertiser has‘led its readers to belleve
that. Clarke was an orator, but what a
disappointment. He said he did not
dwell {n anecdotes ‘like Johnston. and in
five minutes afterwards he told’ the
crowd one that is fifty-six years old. If
Clarke has done Johnston the good fn the
other counties visited that he jn Bul-
Inck’a great defeat’ is in #tore for him,
[ier H. Clarke. Was Announced as the
oe Rival Attraction. — ao
Olarke's friends, knowing that there:
them $500 of it he went off to get up his:
Cen
fe
AG E-ASCIEO
hekdee nes
Gov, Races
NetTs- foe, Treace Gownraceuls
Qe AL :
lest t Sac. B. Toussts
x
2 ee
OLD COMORTFOR LABE|
|The Double Hanging of Brown
: and Dalton
FDREW A CROWD OF 10,000
Hon, R. H. Clarke Was Announced as the
: Rival Attraction.
iis Managers Were Thoroughly Disap-
: pointed, as They Naturally Expected
Him to Have a Larger Audience.
‘ Applauded but Four Times.
ony 172 PEOPLE LISTENED TO HIM
|
Union Springs, April 4.—(Special.)—One
} of the largest crowds that has ever as-
i sembled in Union Springs was here to-
N day. It is estimated that the crowd was
ny where from 5000 to 10,000 people peo-
¥
Hwple, The occasion was the hanging of
iCharlie Burton and Jordan Brown, who
iutled Johnston Dalton at Mitchell sta-
tion last year. These negroes, from their
f statement, went into the pearly gates
of heaven.
| Olarke’s friends, knowing that there
i. would be many people here today, had
| him on hand, and at 1 o’clock he began
his discourse. This fact was announced ]j
By dodgers, which were sent out through
the county and ‘by’ our local newspaper
also, and also in front of the court house
i just after the hanging this morning, and
| Clarke naturally expected a large crowd,
} but oh how disappointed he must have
i been! Out of this vast array of people
the defeated man had only 172 people in.
the house when his audience was largest |
and at the close of his speech there were
present 139 white men. In his speech of j
three hours he was cheered four times.
He dwelt at great length on his war rec~-
oré- and. attacked Johnston on many
points that utterly failed to receive any
H response from his hearers.
f .The Clarke men have given up after
f such efforts to secure a crowd and a
i grand ovation for their champion. Such
fe failure is too much for them. A noted |
f Clarke man of this county was offering: }
i to bet that Clarke would carry the state.
When asked by two Johnston men to give |
A them $500 of it he went off to get up his f
f money and has not been seen since. The '
Advertiser has‘led its readers to believe
‘that Clarke was an orator, but what @
disappointment. He satd he did not
dwell {n anecdotes like Johnston and in
i five minutes afterwards he told the
| crowd one that is fifty-six years old. if
Clarke hes done Johnston the good in the
other counties visited that he {n Bul-
| lock’ a great defeat is in store for him,
ms 1. “rabd
.
Brooks, John Wesley; negro, no age given; executed for the murder
of William Kinsler in Birmingham, Al, on 31 Dec. 1903.
Birmingham News, Thurs., 31 Dec. 1903.
"'T am guilty of the charge they made against me', was the statement
made by John Wesley Brooks, the negro who killed William Kinsler, an
aged negro on 13 June last, shortly before he was hanged in the yard
at the county jail this morning. Brooks suffered the death penalty
for the crime of shooting and killing on of his own race and color....
The drop fell at 10:34 o'clock this morning and Brooks was pronounced
dead in ten and a half minutes...."
hs Dg Soporte - : > .
3 © Ahk de Tifigay Born in Sa ppobes Hee aKTerneye. Clarmed
BROWN, R,chard, and JOHNSON, Enest, blacks, elec, Al, (Hale) on 2-1-1916 & 1-25-1916.
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999 Ala.
ply with the terms of the obligation is not
materially affected by reason of his mili-
tary service—
(a) stay the proceedings as provided in
this Act; or
“(b) make such other disposition of the
case as may be equitable to conserve the
interests of all parties.”
The general purpose of the Act was to
protect those in military service, and to pre-
vent injurgssto their civil rights during their
term of servig@arising from judicial pro-
ceedings condticted against them in their
absence. It was intended to relieve persons
in military service from mental distress oc-
casioned by the handicap of being in serv-
ice, resulting in inability to meet financial
and other obligations; and to foster a
inental repose through the intervention of
courts to the end that such rights and reme-
dies shall not be imperiled in consequence
of military service.
[1] However, the Act does not apply
merely because such person is in military
service, and is not to be invoked for a
needless purpose, but is to be administered
as an instrument to accomplish substantial
justice, Hunt v. Jacobson, 1942, 178 Misc.
201, 33 N.Y.S.2d 661, and has application
only when the military service has pre-
vented or is preventing a member of the
military forces from mecting the obliga-
tions imposed upon him by the instrument
sued on. Brooklyn Trust Co. v. Papa, Sup.
1941, 33. N.Y.S.2d 57.
As above noted, the Act provides the
court may (after hearing) in its discretion,
on its own motion, and shall, on application
to it by such person in military service, or
some person on his behalf, unless in the
opinion of the court the ability of defend-
aunt to comply with the terms of the obliga-
tion is not materially affected by reason of
his military service, (a) stay the procecd-
ings as provided in this Act; or (b) make
such other disposition of the case as may be
equitable to conserve the interest of all
parties,
Appeliant’s quarrel is not with the stay
proceedings, but complains that with no
payment on the principal or interest, and
with Ning owning only a $400 equity in
the premises, which would in all probability
be entirely consumed in about two and
one-third ycars, and by reason of the con-
sumption of such equity, the mortgagor will
have no incentive to resume payments,
24 SOUTHERN REVORTER, 2d SERIES
and the mortgagee thus faced with a loss
on its investment.
[2] Vhe Act must be liberally con-
strued for the benefit of the service man,
and not the creditor, unless in the opinion
of the court the ability of the service man
to comply with the terms of the obligation
is not materially affected by reason of mili-
tary service. It places upon the trial judge
a wide discretion; and, in determining
whether a service man is entitled to relief,
each case must stand upon its own merits.
New York Life Ins. Co. v. Litke, 181 Misc.
32, 45 N.Y.S.2d 576, 579.
In the Litke case the defendant, the sole
owner of the equity, in an action to fore-
close a mortgage, and at the time in the
armed services, was granted a stay on con-
dition that the real estate taxes amount-
ing to $5 per month be paid. See, New
York Life Ins. Co. v. Litke, 180 Misc. 297,
41 N.Y.S.2d 526. Later, defendant was re-
leased from active service and transferred
to the reserve corps. Another suit was
filed to vacate the stay order, the defendant
having returned to civilian life. The court
held that the arrears in the amount of
$520.23, resulting from the stay order, were
to be liquidated at the rate of $5.00 per
month. New York Life Ins. Co. v. Litke,
181 Misc, 32, 45 N.Y.S.2d 576.
In Hunt v. Jacobson, supra [178 Misc.
201, 33 N.Y.S.2d 664], the defendant owned
only a one-sixth interest, being merely a
nominal party, and the court very aptly
said: “This does not mean to imply that
the statute is to be made applicable to every
situation, without limitation, merely be-
cause such person is in military service;
and it (the Act) is not to be employed as
a vehicle of oppression or abuse; its in-
vocation is not to be permitted for any
needless or unwarranted purpose; it is te
be administered as an instrument to ac-
complish substantial justice.’ Such stat-
utes were enacted to give a degree of men-
tal repose, through the intervention of
courts, for the protection of the service
man’s rights and remedies, but not to be
unjustly taken advantage of.
In the case of Nassau Savings & Loan
Assn. v. Ormond, 179 Misc. 447, 39 N.Y.S.
2d 92, the defendant was one of the co-
owners, and there were tax arrears and as-
sessments amounting to $495.60 (a fact to
be taken into consideration), the entire un-
paid balance being $2,633.67. The court
held that the allotment by the son, the al-
BROWN v. STATE Ala. ed:
Cite as 24 So.2d 223
lowance by the Government, plus the fath-
ers pension, were sufficient to justify the
payment of current taxes, and granted the
stay.
In Cortland Savings Bank v. Ivory, Sup.,
27 N.Y.S.2d 313, at the time defendant was
called into active service, he received $203.-
S monthly, and while in service he re-
‘cived $154 for the first six months and
later $177.30 per month. The court in the
xercise of its discretion granted the stay,
‘educing the monthly payments from $44.-
*3 to $26.95.
[3] Here, defendant King’s ability to
-omply with the terms of the obligation is
very materially affected by reason of his
nulitary service, and we are reluctant to
say the court in any wise exceeded its
‘road diseretion in directing that only cur-
rent taxes and hazard insurance be paid
monthly out of his meager income.
It necessarily follows that the motion
for mandamus must be denicd, and the
‘udement of the lower court affirmed.
Affirmed.
GARDNER, C. J., and BROWN and
SIMPSON, JJ., concur.
° KEY NUMBER SYSTEM.
anms
BROWN v. STATE.
2 Div. 216.
Supreme Court of Alabama,
Dee. 20, 1945.
!. Criminal law €=517(1), 530
In murder prosecution, wherein de-
fendant did not testify, his oral and writ-
ten confessions, shown without dispute to
have been entirely voluntary, were proper-
ly admitted, notwithstanding discrepancy
hetween them as to whether defendant or
his companion in commission of crime fired
fatal shot.
2. Homicide (237
In murder prosecution, testimony of
superintendent and assistant superintendent
of state reform school, in which defend-
ant had -been confined, that they consid-
ted defendant of unsound mind because
aoe)
he appeared to be dull in school and in-
different as to work, was insufficient to sup-
port defendant’s plea of not guilty because
of insanity, especially in view of state’s
witnesses’ countervailing testimony.
3. Infants C>68
In murder prosecution, trial judge
owed no mandatory personal duty to as-
certain defendant’s age on his counsel's
suggestion that defendant was under 16
years old, but properly directed counsel
to offer proof substantiating such sugges-
tion as procedural matter in accord with
rule that trial judge may determine order
of proof. Code 1940, Tit. 13, § 363.
4. Criminal law C=594(2)
The question of continuance of mur-
der trial because of absence of defendant's
witness outside state was within tria!
court’s sound discretion.
5. Criminal law C=400(5)
In murder prosecution, wherein de-
fendant’s counsel suggested that defendant
was under 16 years old and henee within
juvenile court’s jurisdiction, a family Bible.
in which defendant’s name and date of his
birth were entered by his aunt, since de-
ceased, was admissible in evidence on ques-
tion of defendant’s age.
6. Infants C=68
Evidence on hearing of suggestion that
one charged with murder was under 16
years old and hence within juvenile court's
jurisdiction showed that he was 19 years
old.
—_—__>_—_
Appeal from Circuit Court, Hale Coun-
ty; W.E. Callen, Judge.
Richard Brown was convicted of mur-
der in the first degree, and he appeals.
Affirmed.
A. T. Reeves and R. Randolph Smith,
both of Selma, for appellant.
Wm. N. McQueen, Atty. Gen., and John
O. Harris, Asst. Atty. Gen., for the State.
GARDNER, Chief Justice.
The appeal is from a judgment of con-
viction of murder in the first degree, with
infliction of the death penalty. The victim
was Jack Walton, who lived alone in the
country some 15 miles from Greensboro,
Alabama, and whose body was dragged
from the river some two or three weeks
“ely *oeTe
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oot Ala. 24 SOUTHERN REPORTER, 2d SERIES
after he had been missed from his home
and community.
This defendant was jointly indicted with
one Ernest Johnson, but upon a severance
being demanded, separate trials were had.
The history of the case, however, with all
salient and revolting details, appears in the
case of Ernest Johnson v. State (Ala.Sup.,
24 So.2d 17) and need not be here re-
peated. Any interested reader is referred
to the facts as outlined in that opinion,
as well as many rulings there made which
are likewise applicable here.
Illustrative is the question of the suf-
ficiency of the corpus delicti, and all the
circumstances pertaining thereto, includ-
ing the proof as to the condition of the
body of deceased, the blood stains, and the
competency of the witness Grubbs to testi-
fy as an expert. Each of these questions
was fully treated in Ernest Johnson v.
State, supra; and to separately consider
them here in this companion case is deemed
entirely unnecessary. Suffice it to say, we
adopt the holding upon these questions in
the Johnson case as here equally applicable.
[1] The two confessions, the oral as
well as the written confession, were shown
to have been entirely voluntary. Defend-
ant did not take the stand, and all the proof
as to the voiunt character of these con-
fessions was without dispute. There was
one discrepancy in the two confessions.
Defendant at first stated his companion in
crime, Ernest Johnson, fired the fatal shot,
but in the subsequent confession admitted
that he himself fired the shot. That these
confessions were properly admitted is too
clear for further discussion. Johnson v.
State, 242 Ala. 278, 5 So.2d 632.
There remain two questions to be brief-
ly considered, which were not involved in
the Johnson case.
[2] The defendant in the instant case
plead not guilty and not guilty by reason
of insanity. His proof in support of his
plea of not guilty by reason of insanity
rested upon the testimony of the superin-
tendent and his assistant of the Alabama
Reform School for Juvenile Negro Law
Breakers. The evidence of these two wit-
nesses, when reduced to the last analysis,
is to the effect that they considered the
defendant of unsound mind because he ap-
peared to be dull, so far as school is con-
cerned, and indifferent as to work. He was
in the reform school at an earlier age, and
spent two years there, having been pro-
moted from the first to the second grade.
But they testify to no facts beyond that
indicated above.
We are impressed that this testimony
fails short of the rules announced by this
Court in the Parsons case, Parsons v.
State, 81 Ala. 577, 2 So. 854, 60 Am.Rep.
193, and followed in numerous subsequent
decisions,
But even should it be accepted as suf-
ficient for submission to the jury, the State
offered countervailing testimony of wit-
nesses who had known the defendant, and
for whom he had worked, who testified
that his mind was entirely sound and that
he was a good worker. The trial judge
charged fully upon this question of insan-
ity, and in any event, the jury would be
fully justified in rejecting the plea as not
well founded in fact.
[3] At the inception of the trial coun-
sel for defendant moved the court that the
case be transferred to the juvenile court
upon the theory that the defendant was un-
der 16 years of age. Title 13, Sec. 363,
Code 1940. Counsel appear to be under
the impression that by virtue of this stat-
ute it was the mandatory duty of the judge
himself to make inquiry and procure proof
as to the age of the defendant upon the
presentation of such a motion, This mo-
tion was afterwards amended so as to cali
it a “suggestion” rather than a motion, and
subsequently there was a plea filed to the
jurisdiction of the court, all based upon the
same idea that the defendant was under
16 years of age.
True, in Powell v. State, 224 Ala. 540,
141 So. 201, speaking of the defendant,
Eugene Williams, whose case was also con-
sidered on that appeal, it was stated that
since the juvenile delinquent is a ward oi
the State it is the duty of the trial court,
upon suggestion that the defendant was
under 16 years of age, or if his personal
appearance suggested a doubt as to his
age, to ascertain his age and if found to
be under 16 to transfer the cause to the
juvenile court. But the expression in that
opinion, as to the duty of the trial court
to ascertain the age when such suggestion
is made, is to be construed not as a per-
sonal duty of the judge to himself ascer-
tain the facts, but a duty to see to it that
available evidence is produced under his
direction by officers of the court so that
the true age of the defendant may be as-
certained. Defendant’s counsel were of-
BROWN v.
ficers of the court. The defendant was be-
fore the trial judge, and for aught appears,
had the appearance of one who was con-
siderably beyond that age. The trial judge,
therefore, had the right to suggest that
counsel for the defendant proceed to pro-
duce some evidence to substantiate the sug-
gestion made. The trial was delayed, a
recess of the court taken, so that counsel
jor defendant might have an opportunity
to procure the necessary proof.
The direction of the judge to counsel for
the defendant that they proceed to offer
proof was but a procedural matter, and in
accord with the rule that the trial judge
may determine the order of proof. Mc-
Dowell v. State, 238 Ala. 101, 189 So. 183.
As we have observed, the counsel were
officers of the court, and it was an orderly
manner in which to start in progress the
process of the court for the ascertainment
of the truth. We find nothing in any of
this procedure of which this defendant can
complain.
[4] The question of continuance on
account of the absence of defendant’s wit-
ness Brown, who appears to have been out
of the State, was a matter within the sound
discretion of the trial court. Sanders v.
State, 181 Ala. 35, 61 So. 336.
It seems that in 1942, this defendant was
ordered confined at the reform school by
the Juvenile Court of Marengo County for
the offense of grand larceny—the theft of
a horse—and that he remained two years
at this institution. Along with the judg-
ment ordering his confinement at the re-
form school were some statements concern-
ing his parentage, date of his birth, and
the like. This record was offered in evi-
dence and a notation found therein indicat-
ing that the date of his birth was in 1929.
We judge from the record that there was
no birth certificate, and defendant’s coun-
sel appear not to have been able to ascer-
tain any further proof. The State then
offered countervailing evidence consisting
of admissions by the defendant that he was
19 years of age, and by the clerk of the
draft board that in February, 1945 he gave
his age as 19. The clerk testified that he
placed the age of this defendant on a card,
and on this card was written “born April
25, 1926.” Also, was the place of birth
given as Demopolis, Alabama, and the
name of the mother, Ida Thomas. The
24 SO.2d—15
STATE Ala. 225
Cite as 24 So.2d 223
card was not offered in evidence, as coun-
sel appear to understand, but was used as
a memorandum for this witness as to what
occurred upon the occasion of defendant's
registration. 70 C.J. pp. 580-583.
[5] The State also introduced the wit-
ness, Will Frazier, who lives in Demopolis,
and who had known Richard Brown, the
defendant, since his birth; that his moth-
er was known as Ida Brown, and later as
Ida Thomas. The witness identified a Bi-
ble which had been in his possession for
seven years. He got this Bible from the
defendant’s aunt, the sister of defendant’s
mother. This aunt in now dead, and has
been dead for seven years. She left the
Bible with this witness, and it has been in
his possession since that time. It has in it
the entry of the name of this defendant,
Richard Brown, with the date of his birth
“7/11/1926.” This entry, he states, was in
the Bible when he got it, and that the de-
fendant’s aunt made the entry. At the
time she made the entry defendant was
three or four days old, and the witness
saw her when she made the entry. This
was all in Demopolis.
This family Bible was admissible in evi-
dence under our authorities. Bradley v.
State, 215 Ala. 140, 110 So. 162, 163; Cher-
ry v. State, 68 Ala. 29. As said in the
Bradley case: “The family Bible contain-
ing the name and date of birth of a mem-
ber of the family is ‘competent and ad-
missible evidence when the person who
made the entry therein is dead or un-
known.’” As we have observed, his aunt
who made the entry is long since dead.
See also 20 Am.Jur. pp. 799-801.
[6] After considering all the proof and
viewing the defendant on trial, the court
reached the conclusion that the defendant
was well over 16 years of age. And we
think it quite clear the great preponderance
of the evidence is to the effect that he was
of the age of 19.
Mindful of our duty in cases of this
character, we have examined the record
with care and find no error to reverse. It
results, therefore, that the judgment of
conviction is due to be affirmed. It is so
ordered.
Affirmed.
All the Justices concur.
aSeblifeds Lidemasn
H
HERES UUL ia
he
bee
‘
‘
ck
SijibisisNdibisa tabla di cualahind
eT RE Hyer
16 Miss. 24 SOUTHERN REPORTER, 2d SERIES
ror. It was determined to be the thumb veloped fin
print of appellant, because about a month
ger print with that of the party
alleged to have made it is shown.” Wil-
after the theft of the Car, upon the occa- loughby v, State, 154 Miss. 653, 122 So
sion of the arrest of appellant and his ar- 757, 759, 63 A.L.R. 1319 The
raignment in police court on a minor mis-
demeanor charge, an impression of ap-
, use of
finger-print evidence is discussed in our
Jurisprudence in one other published case,
pellant’s thumb was made while he was in Brown y. State, 173 Miss, 542, 158 So, 339
custody,
In March, 1945, the thumb print was de-
veloped and enlarged by photographs, The
enlarged pictures of the print from the car,
and the one taken while appellant was un-
der a misdemeanor charge, are before us.
The thumb print established conclusively
that appellant had been in this car; but
when, and under what circumstances, it
was placed on the rear-view mirror, is not
revealed by the mere presence of the print,
nor is it definitive, of itself, of the specific
crime of larceny of the car, since it would
be equally as potent as evidence on a
charge of trespass or of receiving the car
as stolen property.
[2,3] The use of scientific aids in the
detection of crime has expanded and pro-
gressed tremendously all over the world.
Peace officers and the courts have come to
rely with confidence on the aid of techni-
clans—the use of moulages in preserving
and identifying footprints and tire treads
ballistics in tracing pistol and rifle balls to
the gun from which they were fired. But
of all the scientific aids the science of
identification of people by the use of finger
prints has become generally of the greatest
value. A finger print has been called an
unforgeable signature. We desire to de-
clare here our confidence in finger prints as
an aid in crime detection. It has been
recognized for a long time by the courts,
including our Court, “as admissible in evi-
161 So. 465. In both of these cases, how-
ever, the finger prints were aided by other
evidence in the proof of the guilt of de-
fendants, and the identification of the par-
ticular crimes charged. In the case before
us here the sole and only proof against ap-
pellant consists of a thumb-print on the
rear-view mirror, which is conclusive evi-
dence of his identity, and that he had been
in the car for some purpose; but evidence
of identity and of presence alone is not
equivalent to evidence of guilt of a par-
ticular crime, especially where several
crimes could have been committed as to this
car, but as to which a certain charge was
made. The thumb-print here was not de-
claratory, as stated Supra, of the nature of
the crime, since it was not aided by other
evidence identifying the particular crime,
and did not exclude other crimes.
No witness testified to having seen ap-
pellant in Clarksdale on the night the car
was stolen, or on the day it was recov-
ered; and, as stated, there is no evidence
in the record of any kind as to when, or
under what circumstances, this print was
made on the rear-view mirror,
[4] It is, therefore, our judgment that
thumb print alone was not sufficient to es-
tablish the specific and definite crime of
grand larceny, under the circumstances of
this particular case. Therefore, the judg-
ment of the trial court will be reversed, and
dence in order to establish the identity of appellant discharged.
a party where the comparison of a de-
Reversed and appellant discharged.
JOUNSON y, STATE Ala. 17
Cite as 24 So.2d 17
JOHNSON v. STATE.
2 Div. 217.
Supreme Court of Alabama,
Dec. 6, 1945.
1. Criminal law €=517(4)
In murder prosecution, proof of vic-
tim’s death as result of force unlawfully
applied is sufficient predicate for introduc-
tion in evidence of defendant’s voluntary
confession, and state need not first intro-
duce evidence tending to identify defendant
as guilty agent who applied such force.
2. Criminal law €=338(3), 563, 741(1)
Circumstantial evidence may afford
satisfactory proof of corpus delicti, and, if
facts from which jury may reasonably infer
that crime was committed are presented,
question must be submitted to jury and
other evidence tending to implicate accused
is admissible.
3. Criminal law €=534(2)
Hemicide €=171(2)
In murder prosecution, testimony, in-
troduced by state before introduction of
defendant’s confession, as to physical con-
ditions at decedent’s home, where state con-
tended that crime occurred, was admissi-
ble, not only to shed light on what tran-
spired at place of crime, but to corroborate
confession.
4. Criminal law €=680(1)
The order of proof of defendant’s con-
fession of crime charged and facts cor-
roborating such confession may be de-
termined by trial judge.
5. Criminal law ©=448(1)
In murder prosecution, sheriff’s testi-
mony that no threats, promises, induce-
ments, or offers of reward were made to de-
fendant to procure admission of his com-
plicity in crime was admissible as against
objection that statements were mere con-
clusions and opinions of witness.
6. Criminal law @=517(4)
In murder prosecution, evidence of
corpus declicti was sufficient to lay predicate
for introduction in evidence of defendant’s
confession.
7. Criminal law C=1122(5)
Refusal to give jury defendant’s re-
quested written charge, not in record on ap-
peal from conviction, is not reviewable by
Supreme Court. Code 19-40, Tit. 7, § 273.
24 Su.td—2
8. Homicide €=294(1)
In murder prosecution, where defend-
ant introduced no evidence in support of his
insanity plea, court was not bound to charge
on such phase of law.
9. Homicide €2327
On appeal from judgment sentencing
defendant to death on his conviction of first
degree murder, Supreme Court must ex-
amine record for any error, whether
pressed upon court’s attention or not.
nd
Appeal from Circuit Court, Hale County;
W. E. Callen, Judge.
Ernest Johnson, alias McGruder, was
convicted of murder in the first degree, and
he appeals.
Affirmed.
S. W. H. Williams, of Greensboro, and
Judson C. Locke, of Marion, for appellant.
Wm. N. McQueen, Atty. Gen., and John
O. Harris, Asst. Atty. Gen., for the State.
LAWSON, Justice.
The defendant was jointly indicted with
one Richard Brown for the murder of Jack
T. Walton, but separately tried. Being un-
able to employ counsel, two practicing at-
torneys at the Hale County Bar were ap-
pointed by the court to represent defendant.
He pleaded not guilty and not guilty by rea-
son of insanity, and was found guilty of
murder in the first degree and was sen-
tenced to death by electrocution.
The decedent lived in Hale County, Ala-
bama, on a farm about fourteen miles from
Greensboro. The defendant and Richard
Brown were employed by him to work on
the farm. The body of the decedent was
recovered from the Warrior River on the
morning of March 6, 1945, at a point about
one-half mile below Lock 6. He had been
absent from his home for a period of three
or four weeks and had not been seen by his
friends and acquaintances during that peri-
od of time. When the body was located
there was a tractor wheel and hub attached
to the right forearm and right thigh by
means of a “plow rope.” It was necessary
to cut this rope before the body could be re-
moved from the river, although the search-
ers were using “grab-hooks.” Mr. Nelson
Grubb, a toxicologist connected with the
State, who examined the body of the de-
ceased and who by virtue of his training
and experience was shown to possess the
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