Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-12-10
A STOUT ROPE
In Store FOR Robert Wilson, the Negro
Who Murdered Frank Russell, on
Vance Street.
Judge forrigan 0vsrrHles the Motion
for a New Trial and Sentences
Him to Hang.

The motion for a new trial in the case OF
The State u.s. Robert Wilson was argued be-
fore Judge Horrigsn, In The Criminal Court,
vesterday, BY Col. Richardson and Mr.. .. NJ.
Rarrie, the culpriPs attorneys. 1t will be
re,,,eup oered that Wilson was tried last Mon
dar in the Criminal Court tor numbering Mr..
Frank B. Russell On the 81 day o. Sep
TENDER last, and convicted of murder in the
frst degree. The jury, which gas composed
Of nine white men and three colored men,
uas out only about thirty minutes. The
two grounds relied on for a new trial BY his
counsel and presented to the court yesterday
were ~ misconduct on the part of the jury
irving his cause; and ~ that the evidence
was not sufficient to warrant q conviction.
as 10 THE FIRST GROUND
The iury we're summoned back and exam
med separately, and the examination dis
closed no misconduct on their part, each
testifying that he had rendered his verdict
an the law and the evidence, and that it ac-
corded with his conscience. That the first
ballot 10 the jury room resulted in eleven
for conviction of murder in the FIRST degree,
and one, who said he was not fully agreed as
TO whether the judge charged the jury that
Russell had a right 10 arrest Wilson; but
after the Dissenting juror had the charge OF
the Court on this point he voted also for
murder in the first degree. As 10 the second
ground, Judge Horrigan said that he was
.a.fsetiy satisfied th2t-the evidanne was full
and amply sufficient to sustain the verdict
Of the jury; that he regarded this as
A TERRIBLE MURDER
and one that deserved the severest penalty OF
the law. That the defendant Wilson, as dis.
closed By the evidence, first robbed the store
of deceased on the night before the murder
add on the night of the murder had returned
to the deceased's place of business 10 get =
part of the goods that he was unable to carry
AWAY on the night off, the robbery. He had
gotten a bucket OF lard, and was leaving
with it, thus committing second larceny
and felony, when discovered by Russell, who
arrested him and carried him into the drug
store 10 send for a policeman. While wait.
ing for the arrival of The police, the defendant
CONCEIVED THE IDEA
of escaping even if he had to take the life Of
his cantor 10 accom- lish his desire. This Mr.
Russell (who legally had him under srrest
and bad over him all the authority that Ihs
sheriff would have had had he arrested
him) tried TO prevent, and the defendant
premeditatedly and deliberately drew pis
toll and shot him, ioficiing wounds of which
be died; that in all civiIis ID lands a murder
deliberately, premeditatedly perpetrated by
a felon under arrest upon his jailer, was hello
TO be oil the most aSgravditu CoafecleI, toi
it was striking at the very foundation o.
Justice, and that 10 take this case he saw
NOTHING IN IT
| TO warrant a new trial, and he thereupor
asked that Wilson be brought "sround.
Wilson, up to this time, bad occupied sea
between his counsel. He is a rather
| Chunky" heavy-set man, and would weigh
about 100 pounds, we'll built and has The
appearance Of being strong and active. III,
| left his seat and walked around in front o
the Judge, but evidently showed signs o
being very nervous, and that he fully real
lied his situation. The Court then asked
him
WHAT HE HAD TO SAY
Why sentence Of death shonld not b,
passed upon him, and he remarked that b,
| did not want to be hung. The Court re
| marked that he had had able counsel, VIII,
1 had defended him with much ability, and tina
fair trial had /. en- given him, and thereupoI
| pronounced the sentence of death-to be exc
cuted on February Sd next. He will appea
to the April term of the Supreme Court
which will delay his execution until abou
June, mex. year.