The Montgomery advertiser., 1903-12-05
Final Scenes of SenSa- tiOnal Trial in
 TuSkegee. HIS ATTORNEYS TO APPEAL Prisoner Hears Verdict With Drawn Face and Clinch-
 ed Nails. During Argument of MT. Rushton Mother of the Defendant Who Had Borne Up Bravely
 Gives Way to
 Weeping.
 
HIS ATTORNEYS TO APPEAL

Tuskegee( Dec. 4.-(Special. )-Ralpn
 Armstrong, his face set and drawn Witn
 anxiety, his hands clenched until the
 nails were buried in his palms, hearo
 the verdict of the jury which had tried
 him for the murder of his cousin Aihe
 Armstrong. condemn him to death upon
 the gallows.
 The jurymen found in the evidence no
 palliation, not single extenuating CIT
 cumstance in the killing of the beautiful
 girl whose misfortune was that she was
 loved by the man who slew her. The
 verdict was, "We the jury find the pris-
 oner guilty of murder in the first degree
 and fix the penalty at death"
 The scene was deeply tragic. The ema-
 ciated prisoner was led In the court room
 to hear the decision of his twelve peers
 who sat in judgment upon his crime. The
 lines upon his haggard face seemed to
 have deepened in the short time that
 the jury was out. He appeared weak
 and he walked unsteadily to his place
 before the bar. His dark eyes, wide
 open and almost glassy. were fixed in a
 steady look at the judge, and the men
 who had agreed upon his doom. His fin-
 gers slowly closed until his hands were
 livid.
 Held by the Sheriff. Sheriff Conner stood at Armstrong side. with his arm locked in that of the prisoner. Near by stood Dixon Armstrong. brother of the prisoner, and one of his counsel.
 Mrs. Armstrong, the mother of the con demned man, was spared the ordeal of hearing the death sentence pronounced. After remaining by the side of her son throughout the trial, her strength was not equal to the final ordeal and she remained away from the court house, To the question, .sHaxe you enything to say why the sentepce of death should not be pronounced upon your Ralph Armstrong shook his head.
 In the solemn form Of the law. Judge Denson named Jan. g. d the day on which the prisoner should expiate his. crime. The attorneys for Armstrong imme-
 diately announced their purpose to appeal
 the case to the Supreme. Court. The completion of the appeal will mean sus- pension of the sentence of death until the Supreme Court passes upon the case.
 The attorneys for Armstrong will con- tinue the fight they made with what re-
 sources they had at hand.
 Jury Out Hour and Ga Minutes.
 The jury retired to consider their yer dict at 3:O5 p. m. The jurors took just one hour and twenty minutes to reach conclusion.
 There was but one point for them to 'ldeliberate, but one question had been raised by the defense, the status or the mind of the prisoner at the time the crime was committed.
 The defense hoped that the evidence would induce the jury to believe that lcontinued and excessive use of whiskey had dimmed the prisoners wit and dead tened his intellect. It was hoped the |ldefense that the jury would view this in Ilmitigation of the part the prisoner took lin the awful tragedy, and that the pen ilalty would be life imprisonment and not ldeath on the gallows.
 The prosecution pursued it's purpose lHteadily to establish in the minds of the |liurors. that the crime was premeditated Hong before the fatal shot was fired. They lIaid stress again and again upon the |note that had been left with Horner |Wright to be delivered to Ralph Arm Ilstrong's mother at a certain time. The Eattorneys for the State introduced wit Illnesses who saw Armstrong on the fatal Knight to show that he was apparently IiHober and not as drunk as had been de- Iascrlbed.
 N The sensational evidence of Miss Nellie NArmstrong was alluded to but little in the IhrRument Both Solicitor Brewer and Mir. |lF'itts commented on her straightforward hess and sincerity on the witness stand. Her manner, they declared, carried con- aviction.
 Mrs. Armstrong Breaks Down.
 In the argument of MT. Rushton. Mrs. broke down for the first time. hlthough she had several times wept si- ientIy during the evidence. MT. Rushton J said that during the whole trial not one kood word had been said for the unfor- Sfunate degenerate boy. But he declared l he could say one good word for him. The Hkending of the telegram to Homer Wright Ispy Ralph Armstrong, the morning after \ The shooting was. he said, a thoughtful &hct to avoid again wounding the mother I kho had loved him and whom he loved. kt this point Mrs. Armstrong cried out, 4 tl'Oh. Lord" and in a paroxysm of weep I Ing she laid her head upon the shoulder hf her unfortunate son.
 3i Judge Denson told her gently that she & would have to restrain herself or leave < 4ahe court room.
 MI The verdict meets popular favor in Ma 'skon county. A sincere sympathy is felt For the stricken family, which has been koubly bereaved in a tragedy. the like of Which MT. Fitts declared in his argu- hent would never occur again in Ala bama in a generation.
 The argument of the attorneys was re- l fumed when the court met at s:3O for I she morning session. The closing speech sor the defense was made by Ray Rush 4 Non.
 \ I In beginning his speech MT. Rushton N&iscussed with Judge Denson the bearing I Af the law upon the responsibility of a flrunken man in the commission of a . lrime. It was not contended, said MT. Iaushton. that the fact of a mans being karunk would excuse him, but that It could se used in mitigation of the offense. It gas agreed that if the design of a crime Eas conceived in a sober moment, the I ubsequent drunkenness of a man to ierve himself for the crime was no pal jation for the offense.
 i To the jury Mir. Rushton read the Ala
 lama law on homicides, which he said