The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-02-21
STATE SUPREME COURT.
DECISIONS RENDERED IN THREE
MURDER CASES.
One Sentence CONFIRMED and TwO
Reversed and Remanded for
New TriPls.
isrEclAL TO rHE APrEAl.I

ESPECIAL TO TRE APPEAL.l
nashville, TENE., February 10
The Supreme Court to-day affirmed
the death sentence Of Alien Herbert,
colored, convicted of the murder of
Henry Everett, cOlorcd, and fixed
April 2d rs the date of hanging.
Herbert took the sentence ike stole.
Herbert murdered Everett at the
e quarry, tll the corner of Pine
and McNary s0ects, March 20, 1888.
/ Everett, fellow workman, a lew min
utes previous to She tragedy, asked
Herbert for the use Of 4 sharp drill
which Herbert was using. Herbert
refused TO give il to him, and Everett,
walking up to Herbert, caught hold of
the drill. Herbert told him ii he did
not release his grip he would cut his
heart out. Everett declined to com
ply, and Herbert drew a knife and
stabbed Everett in the region of the
heart, the blade entering between
the sixth and seventh ribs, infiicting n
wound several inches in length. Ey-
erett begged Herbert not to cut him
again, but Herbert again plunged the
blade into his body, first in the left
temple and then in the back. Everett
fell dead, and Herbert immediately !
fled. After an absence OF several days |
from the city, Herbert was captured |
at his fathers home, mean, Triune. in !
Williamson county. lie was brought |
here, tried and convicted Of murder !
IN the first degree, on Nav 18th, and |
was subsequently Sentenced TO be |
hanged June Is, 1856. An appeal was
taken to the Supreme Court.
THE CARTER MURDER CASE.
The case of 0bie Sawyers, Ed Petty
and Tom Cartwright, charged with
the murder of James Carter, was ar
gucd in the Supreme Court dur
ing the past week by Col.
N. N. Cox and Atha Thorn
as OF Franklin, Judge John
V. Wright and III. r. Priest of this
city for the defendants and Judge Lea
for the State, The ease was passed
upon to-day, Judge Tulny delivering
the opinion of the court, rcversingand
remanding the cause for new trial.
Judge Turny gave his reasons for the
reversal in substance rs follows.
where the State in q case of circum-
stantlal evidence shows an indictment
against the defendant and deceased
was q material witness in said indict-
nent as q motive for the killing, il is
an error in the court below not TO al
law proof of another indictment
against another party wherein the de-
ceased was also material witness TO
show that to kill the deceased was also
had by another party; second, on
the morning of the killing in the after
noon one of the defendants rode
up to a place where another was. On
returning home they went off, one
riding behind the other. These were
statements at the time of their start.
ing of. The court erred in not allow
lng these declamtioust,,S 'he time 10
81 to thc Jiry titird, I'd court erred
IN charging the jury ON an alibi, that
II the jury Were convinced shat the
proof was manufactured that this
would be strong proof, circumstance
hat the States proof was true.
THE BOYD CASE.
Judge Turney read Judge Cookies
opinion in the case OF W. l.. BOYD, i'm
which he held that it was reversible
or the reasons given in the Sawyers
,ase. Boyd was convicted and sen
.enced to twenty years imprisonment
or the murder of Miss Birdie Patter-
'on, This mistress The killing oc-
'urred in the room of the deceased on 1
south Summer street, this city, July t
'th, 1888. The deceased and the de-
endant We're alone, when the '
deceased received pistol shot
younH in the breast, causing
instant death. The defendant was I
lrTested, and claimed that the woman !
This was his plea while on n
rial. This is the second reversal by y
he Supreme Court. Sawyers, Cart 4
wright and Boyd were allowed TO
tand upon their old bonds until
londay, when renewal will be re- 81
uired. {
CANNING FACTORY.
Fifty thousand dollars of stock was
o-day subscribed toward q canning
lctory to be put in operation here by
une LIST. This will be the first such I
Ictory in the South. j
DEATH OF WIN. 8. BAILEY.
At ii 30 O'Clock tonight VIM. s. A
'ailey, who for five years has pub
shed an infidel paper here called The =
liberal, died. He was eighty years
Id. His death was peaceful. =