The age-herald., 1899-01-12
GAFFORD'S CASE
 WAS REVERSED Supreme Court Grants LlOyd'S Slayer a
 New Trial. OPINION NOT UNANIMOUS Justices Tyson and HaralSOn NOn-COn-
 cured in the Decision. HISTORY OF THE NOW FAMOUS CASE Testimony Regarding Lloyds A leB9d Illicit Relations With Mrs. Miller Will be Admitted in New
 Hearing Capital News.
HISTORY OF THE NOW FAMOUS CASE

slayer of Rufus Sanders has been given another chance to save himself from death on the gallows.
 This morning the supreme court handed down the decis on reversing and remanding the case of the State vs. John A. Gafford, charged with the murder of Francis Bar tow Lloyd. Gafford thus has gained a new trial which will be held in the circuit court of Butler county early in next May.
 Possibly, in no case was there ever general and universal interest taken by the people of this state, as in the case of John A. Gafford for the killing of Francis Bar tow Lloyd.
 On the trial of the case in the circuit court of Butler county. on the Fist day of February, 1S9S jury of twelve of the de- fendant's countrymen adjudged that he was guilty of murder in the first degree, and sentenced him to be hanged on the 1st day of April, 1898. From this judgment an appeal was taken to the supreme court of the state. The case has been pending in the supreme court for many months, and today the court decided that the defendant should have another trial for the killing.
 Court Not Unanimous
 The court, however, was not unanimous in it's opinion. It seems that the opinion was written by Judge Brickell, and was adopted by three of the judges now upon the bench. These judges are Chief Justice Mcclellan and Associate Justices Sharpe and Dowdell The dissenting opinion was written by Associate Justice Tyson, and concurred in by Associate Justice Haralson
 The rulings of the trial court were all affirmed, with the exceptions of the courts refusal to admit in evidence testimony re- gardng the illicit relations existing be- tween Lloyd, the deceased, and Mrs. Miller who is shown to have been a sister of the defendant; and it was upon this ruling that the difference between the judges occurred. The majority opinions hold that when there has been the defense of self-defense inter- posed, and evidence is introduced tending to substantate it, that the fact that there existed illicit relations between the de- ceased and the defendants sister, is admis- sible in evidence, as shedding light upon the inquiry as to who was the aggressor in the diff1culty-the existence of such rela- tions between the deceased and the de- fendants sister being a sufficient reason for the deceased making an effort to get rid of the defendant, whose very presence was an obstacle to the contamination of his unlawful desires.
 Judge Tyson's Opinion
 JuOB6 lySOI, III d very eldDOTdte anu exceedingly able opinion, dissents from this propositions; and holds that the proposed evidence was not admissible under any of the facts or circumstances of the case; stating in arguendo that it was not shown that Mrs. Miller, the sister of the defend- ant, with whom the liaison with the de- ceased was attempted to be proven. was a widow and not living with her husband and under his protection, and further that it was not shown that the defendant knew Of any illicit relation existing between the deceased and Mrs. Miller.
 The dissenting opinion reflects very great credit upon Judge Tyson, who has been recently elevated to the supreme court bench. Its style is vigorous, its language is excellent and its argument is convincing. The opinion shows that in its preparation Judge Tyson has been tireless in his in dustry and thorough in his investigation and research.
 Opinions of Lawyers
 There were many of the states leading attorneys in the court room when the de- cision was rendered., and but two were found who did not take issue with the majority of the court in it's ruling.
 "There will be a hot time in Greenville when Gafford is carried back there from Montgomers<yor trial" said leading South Alabama attorney. "Feeling Is very ln- tense against the prisoner, and I fear the courts decision is far different from what has been expected. Francis Lloyd was one of the best of good fellows, and his friends want to see his death avenged"
 q have no fear whatever of an outbreak among the citizens" replied distinguished citizen from Greenville. "While 1t is true that a majority of the people have believed Gafford guilty, they are perfectly willing to let the law take it's course. Granting the testimony tending to show that Lloyd did have Illicit relations with Mrs. Miller, Gaf- ford will be convicted. However, he may save his neck"
 The reversing of the case Is a great vic- tory for that brilliant young attorney, Terry Richardson, of Troy. It was Richardsons first case, he having been fresh from the law school when the murderwas committed. He conducted the case alone until 1t reached the supreme court, when Attorney James Weatherly, of Birmingham, assist ed in the arguments. Solicitor Stallworth and Congressman Stalings prosecuted the case.
 History of the Case
 Every reader of the Age-Herald is famil- far with the facts of the killing It was on the 18th day of August, 1897, that Francis B. Lloyd had driven to GreenVille in his buggy from his little heme few miles out in the country Testimony in the trial showed that as he was returning home about 6 o'clock in the afternoon he was met by John Gafford, who had suddenly appSdreu ITOIE d WOOucu lOt. Lloyd was reading a newspaper and he was fired upon with doublc-barreed shotgun In the hands O. Gafford Gafford claims that Lloyd first drew revolver and aimed 1t at Gafford Upon this point there was conflicting tes- timony. But a short distance from the scene of the killing Gafford met two friends to whom he said: T have just shot Bar tow Lloyd. Don't know whether he is dead. If you boys can do anything for him, will be much obliged"
 Lloyd was found lying in the road. dead, at the point indicated, with a pistol, iden- tifed as h.s, few paces from him. Tine pistol had not been fred It was several weeks before Gafford was captured he finally having surrendered to the authori- ties.
 So intense was the feeling against him in Grcenyille that he was brought here for