The Montgomery advertiser., 1902-02-08
A BREAK FOR LIBERTY
JOHN BAILEY FRIGHTENED BY
 DEATH SENTENCE.
When Verdict of the Jury Was Read the Negro Made Desperate Attempt to Gain His
 Freedom.
Advertiser Bureau,

Sclnid, CD. {.
 For several days past John Bailey, a nc gro. has been on trial in the City Court char ged with the murder of Robert Hunter, another negro. The killing took place near Orrvii1e, the metropolis of West Dallas. The evidence against Bail ley was purely circumstantial. Hunter was assassinated near his home. The circumstances pointed to John Bailey as the person who did the killing. and he was arrested and given preliminary trial before a justice of the peace. He was bound over, and, failing to give bond. has remained In jail until his trial came up few days ego.
 On the preliminary trial Bailey swore that he had fired his pistol on the night of the murder, but he had shot 1t at an owl that was disturbing his slumbers few hundred yards from his cabin. When he was put on the stand yesterday he seemed to have forgotten all about the owl story and swore that he had not fired his pistol on that particular night. His evidence was conflicting and did more to bring about the verdict than any other testimony introduced against him.
 Attorney w. F. Wilson was appointed by the court. to defend Bailey. He had, by agreement with Solicitor Quarles, fin- ished half of his speech yesterday after noon and thanked the jury for its atten- ton and courtesy. and said that he would complete his argument this morning.
 Judge Mabry was charging the jury not to talk about the case or allow anybody else to talk to them about it, when Juror Willard F. Smith of Marion Junction, arose and asked the Judge if the evidence was all in. At first Judge Mabry did not reply to Mir. Smith. and he repeated the question. Judge Mabry informed him that the evidence was all in. Then" re- sponded Mir Smith. If you will charge the jury, we can wind this case up in about fifteen minutes"
 Judge Mabry was evidently nettled by Mir. Smiths remark and he gave him sharp reprimand. Attorney Wilson took Mir Smiths question to imply that the State had not made out case, and So- licitor Quarles was of the opinion that the jury was going to acquit the negro, and both attorneys were In suspense about the case and did not know what the remark meant until the verdict was brought in this morning.
 Attorney Wilson and Solicitor Quarles finished their speeches this morning and the jury retired to the jury room to make up their verdict. The jurymen did not remain out very long before they came filing in. The clerk asked the foreman of the jury if they had agreed upon a verdict. He answered in the affirmative, and the clerk took the verdict and read as follows: "We, the jury, find the de- fendant guilty as charged in the indict. ment and fix the penalty at death"
 Colonel Quarles had walked back to the rear of the court house and was stand ing in the door of the library. Sheriff Blackwell and his deputies were scattered about the court room. and were not ex- pecting what happened. but as soon as the verdict negro arose from his seat and made a break for the door of the court room. Deputy Sheriff Blanton of Summerfieid was the first officer to take in the situa- ton, and he ran after the fleeing negro as fast as he could. Solicitor Quarles. who had his knife open In his hand at the time the negro tried to escape, shut 1t up and put 1t in his pocket, and stepped out In the aisle through which the negro had to pass. before he could get to the door. intending to intercept him. Before he reached Solicitor Quarles, however, Dep- uty Sheriff Blanton had caught. grappled with the fleeing negro and a terrible struggle was being enacted between the officer and the prisoner, Mir. Blanton is a heavy-set, stout man, and he proved too much for Bailey. who has doubtless become weak from his long confinement in prison. He threw the negro and was oii tOP oI AiiH III AH instant and the two men were soon mixed up in a rough and tumble struggle on the floor of the court house.
 By this time other officers and the spec- tators and witnesses in court were At Deputy Sherff Blantons side and as- sisted him in subduing the now thor oughly frightened and obstreperous pris- oner. He did not seem to want to hurt anybody but the verdict of death passed by the jury seemed to strike terror to his heart and a sudden impulse came over him to run and thus escape the fate that seems In store for him.
 Lawyer Wilson is firmly of the opinion that his client Is insane, and will prob ably make an effort to clear him on that ground. Solicitor Quarles does not think that the negro is at all demented, and feels that the jury meted out to him a just punishment for SO brutally murder ing Robert Hunter.
 It would appear from this verdict that Dallas County jurors are going to cease acquitting every negro brought before them charged with murder The writer of this has resided in Dallas county since 1892. and there have been from ten to twenty murders committed within the confines of this county each year Dur ing all that time there has been only one legal hanging in the county, and the negro boy who was hanged is thought by many to have been insane at the time that he killed his victim.
 There is no disputing the fact that a few hangings would have a wholesome effect on the wholesale slaughter of each other by the negroes of this county