The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-09-15
SAME DAY FOR BOTH TO HANG.
TOBY BOWEN ALSO SENTENCED TO
THE GALLONS ON OCT. -.


Jury Found Him Guilty of the MUIR
der of His Wife without a Recon-
nendatiOn TO Nerey-said There
Was Man in the Room aud lie
struck His wife in a Heat Of Pas
Sion-The HanGingS May De De-
Iayed someyVha by Motions for
New Trials.
Toby Bowen, known among many OF his
friends as "Bullhead Toby" was convicted
of the murder of his wife in the Superior
Court yesterday and sentenced 10 pay the
death penalty on Friday. Oct. q, the same
day that was set by the court for the ex.
ecution Of John Charlton, who murdered
Harry A. Mcleod.
Bowen's trial was concluded shortly be
fore . O'Clock yesterday. 1t win be remem-
bered that on Aug. 80 Brown struck his
wife over the head with bar Of railroad
iron. cracking her skull and causing her
death The details OF the case were 'on-
Guided at the morning session of the court,
and for half an hour all parties interested
waited 10 see what the verdict would be.
The jury, however. stayed out
1t is the general opinion that some one
or more members Of the jury remained out
for a recommendation to the mercy Of the
court. to which the others were unwilling
to assent About O'Clock in the afternoon
il was announced that the jury had
agreed. and it was called down. The YER
dict was simply 1--WE, the jury, find the
defendant guilty" There being no recon-
mendation, there was but one sentence for
the court to pass. Judge Falligant prompt
ly sentenced Bowen TO be hanged on FRI
day, oct 2S
Il is seldom that courts so quickly dis
pose of these cases. Within less than
three weeks three murders have been COM
mitted and all the defendants have been
tried. found guilty and sentenced, TWO to
nay the death penalty and one TO imprls-
ouuneDt for life. OF course 1t may not be
possible to carry out the sentence of the
court in these cases al the time fixed as
the judge is compelled 10 grant a super
sedeas, where a motion for new trial IS
made, provided the matter cannot be
finally disposed Of before the day set Tor
the execution. The chances are, there
fore. that neither Charlton nor Bowen VIII
be hanged on Oct. ., since their attorneys
will make another effort in their oenal1
which will almost necessarily result in
need hardly be looked for until after the
Supreme Court has passed on the matter
This will probably be done within the
next two or three months.
The circumstances Of Bowers crime are
still familiar in the public mind. Jeal-
ousy seems to have been the demon which
melted himato such horrible vengeance.
Josephine Jones who keeps a house Of
questionable character near Jefferson and
Wayne streets, was the principal witness
for the state. There were several others
also who testified to material facts
1t was shown that Bowen had threaten
ed the life of his wife on former occasions.
On the night IN question the Jones woman
said he came to one of the rooms An the
house occupied by his wife Rosa, at the
time. The Jones woman said he struck
her first with the bar of iron, and then
went on into the room where he attacked
his wife, telling her to the floor and strtk-
ing her on the head, in all three times.
Other witnesses were sworn to corroborate
this testimony, and so Gar could be
learned from them there was no man in
the room. as was claimed by Bowen.
According 10 Bowen's statement of the
case, he and his wife rented a room from
Josephine Jones. He had gone 10 bed on
the night in question, he stated, and was
aroused by some one. He wanted to ask
his wife some question and was told he
could not go in the room she was occu-
plying as 1t was locked. He insisted on his
right to see his wife, and went despite
Interference. He said on making his way
into the room he saw a man and struck at
him with the iron The man lodged and
he struck his wife. The man then escap-
ed out the window, according to Bowen's
story, and in his frenzy he struck the wo-
man twice more. He said he was angry
but had no intention OF killing her.
The arguments in the case were made by
Nessrs. Fred r. Saussy and Richard NJ
Lester on behalf of the defendant, and
by the solicitor general for the state Tha
case was well argued on both sides, sthe
state showing that the killing was a de-
liberately planned murder, while the de-
Tense argued that it was the result of
the heat of passion, due to the circum-
stances under which the defendant found
his wife. The defense put up some wit
nesses TO show that Rosa Bowen was a
dissolute woman.
Before The case was gone into, the at
torneys for the defendant filed demur-
rer to the indictment on the grounds that
It did not sufficiently specify OF describe
the weapon with which The crime was
committed, that It did moi furnish the
defendant with the particular facts const-
tuting the offense charged, and that il did
not sufficiently describe the wound. After
argument the demurrer was oVerruled by
the court
The trial was as short as that in the
case of John Charlton, but the jury was
q little longer in celebrating over the
matter. Two hangings on the same day
is something Chatham county has hardly
ever known. They may not take place
on Oct. Is but If both cases are decided
adversely to the defendants about the
same time, it may be yet that both execu-
tons will take place on the same day.
ON THE VERGE OEc limp