The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-03-22
FOR DIABOLICAL DEED
JUDGE BARROW DENIES CONDEMN
ED MAN ANOTHER TRIAL.
WILLIE CALVIN MUST HANG
Unless SUPREME COURT RE-
VERSES JUDGMENT.

This Is Hardly POssibIe-Probabie
That He VIII BE Resentenced and
Made To Face the GaIlOws Some
Time in June or JuIy-Argumen
of Counsel Lasted Almost All Day.
Determined Effort Made by De-
PENDANTS COunse; in a F1ve-HOur
speeck-Judge Delivered Interest
ing Charge.
Unless the Supreme Court Of Geor-
xia reverses a decision made by Judge
Barrow yesterday. Willie Calvin, the
condemned murderer of Rosa Pace, will
expiate for his crime on the gallows
Judge Barrow's order overruling the
motion for new trial constitutes the
third murder case within the past
year in which the defendant was found
guilty by the jury without a recon-
mendation, in all of which the victim
was the felon's paramour.
This fact was commented upon by
Judge Barrow in his charge to the jury,
and also in his decision rendered yes
terday. The principal point relied on
in the motion for a new trial was the
alleged error of Judge Barrow in
charging the jury that simple jealousy
does not excuse crime. The argument
of counsel occupied the attention of the
court throughout the major part of the
day, counsel for defense speaking for
nearly five hours.
Calvin's DiabOIicaI Deed.
The details of the bloody deed for
which Calvin must hang are revolt
ing. His victim was Rosa Pace a
woman of his own race, with whom he
lived. In fit of jealousy, in the dead
of night, after a quarrel which lasted
but few minutes, Calvin seized the
defenseless woman, and, whipping out
a razor, forced her head between his
knees, and as a butcher slaughters
a hog, severed her neck from ear to
ear, the gap made by the murderous
implement of death being large enough
for one to place his hand in. The story
of the crime was related by an eye
witness, who, though within a few feet
of Calvin, was intimidated by the ra-
zor.
The decision was rendered shortly
before 4 o'clock, the court having been
engaged continuously for six hours.
Counsel for defense contended that
Judge Barrow, in his charge to the
jury, neglected to direct them as to
the form of their verdict in the event
the jurors thought Calvin not guilty,
until the jurors were preparing to leave
the jury box. Judge Barrow, in his
order, set forth that the instructions
were given after the jury had prepared
to repair to their room, but that he
requested them to be seated, and gave
the instructions referred to. In over
ruling the motion, Judge Barrow said
in part:
No Mercy From Juries.
''This is the third case of murder
which has been brought before me
within the past twelve months in which
a man has killed a woman who was
his concubine, and the allegation was
that the motive for the homicide was
jealousy or her refusal to live with
him any longer in that relation. In
all three of the cases it appeared that
the man had a lawful wife living at
the same time. The turies in all three
cases have found the defendants guilty
without any recommendation. In one
of the cases two Verdicts of guilty,
without recommendation, have been
found. All of them were of the Afri-
can race of the full blood. The impress
sion prevails among some of this class
of people that they have a right to
kill a woman who is living in adultery
with them If she refuses to continue
longer in that relation.
at was, / thought, proper to call at
tention to the fact that this would
not justify a homicide, and 1 did so in
the charge to the jury in this case.
Didn't Deny the Charge.
1.-THE defendant in this case intro
duced no testimony. He did not put
up a single witness, but he made q,
long statement. In that statement he
nowhere ever denied that he killed
this woman. 1t is true he said that
he had told the arresting officer that
he did not cut any woman, but he did
not tell the jury so in his statement.
The case presented, therefore, and
upon which the charge was given, was
one in which no evidence was intro
duced by the defendant. and in his
statement he did not deny that he
committed the crime
After touching upon other less in
teresting points of law raised by the
defense, the court directed that the
clerk send up the entire charge with
the record to the Supreme Court, as
explanatory of the points raised. While
some portions of the charge are not
excepted to-, they throw light upon
those portions to which exceptions
were made.
The prosecution was represented by
Mr. Raiford Falligant and the defense
by Messrs. Francis P. Salas and Will
liam Pease AS soon as the Supreme
Court passes upon the case Calvin
will be resentenced. . 1t is probable
that he will hang some time in July