The Montgomery advertiser., 1905-12-02
GLASS GUILTY, BEDSOLE FREE Penalty Fixed at Fifteen | Years. JURY OUT THREE HOURS Cotton Mill Youth Killed
 Boiler Maker. Trial of Boys for Murder of Morris l.. Rutherford at West End Dance
 Results in Conviction of
 Principal.

uS Jury TStfTeu f.oV 0 ClOCh ldSt night after heaering arguments by counsel, and the charge of the court. At 1o:20 o'clock the rap announcing that verdict was reached was heard on the door of the jury room.
 Judge W. H. Thomas was called and Deputy Sheriff Wilson was dispatched to the Montgomery County jail for Glass. Bedsole and his father were in the court room.
 The youthful criminal appeared ner-
 yous as he walked with the deputy from the jail to the court room. He
 had borne the ordeal of the trial well
 but he did not appear to be over-hope-
 full of the verdict.
 He was seated along with Bedsole
 when the jurors silently filed In the
 box and remained standing as the fore
 man. w. H. Carmichael handed the
 verdict to H. N. Hughes, Clerk of the Court. Dramatic Moment. "Gentlemen-Have you agreed on a verdict?' asked Judge Thomas. We have" replied MT. Carmichael. Read the verdict, Mir. Clerk" order ed the court.
 We the jury find the defendant J. D. Glass guilty of manslaughter in the first degree and fix the penalty at fifteen years in the penitentiary and find the defendant Frank Bedsole. not guilty. w. H. Carmichael. foreman"
 read Mir Hughes.
 Bedsole's father wrung the hand of his son. The family of Glass who had
 been constantly at his side during the long trial was not present. They had left the court room about o'clock and asked that the verdict be telephoned to
 them.
 Glass appeared pleased with the ver- dict He is a young man. The testi- UAafprdaU that he is only | seventeen years old though he appears | much older.
 The crime for which the young boy 1 will serve the State was committed on l March 4. 1905. On that night the peo- pie of the Peoples Cotton Factory were l having a dance at the home of James ! Miner on Factory Row. Glass and | Bedsole came to the house and row arose between Milner and the two boys. Rutherford who was boilermaker, in- terposed on the ground that he had three daughters in the house and de- clared they had to be respected. A | fight ensued between Rutherford and Glass and Rutherford was killed by a
 pistol wound. The testimony seemed | to show that he had realeased Glass | and had quit the fight when the snots | were fired.
 Bedsole was indicated as an access sorry before the fact.
 | West End Crowd Present.
 The court convened at s:So o'clock
 yesterday morning. The big. slIeht crowd from Factory Row was again present. Throughout the trial 1t has | seemed that the spectators entered into | a mutual agreement as to the seats 10 | be occupied, for the same faces were | seen in the same seats yesterday as
 was the case the two days previous.
 The defense introduced It's star wit I Co. a.
 tive, who now lives in Birmingham
 and who had to be sent for by the de- | fense. On account of his absence the | defendants had asked for continu- | ance of the case until yesterday morn
 ing. l Garden testified that he was present | at the Milner house on the night of the
 killing. He swore he saw J. D. Glass
 enter the Milner house, but he heard
 no profanity or threats from him. He | heard a conversation between Glass and | John Milner, when Miner asked Glass l to leave the premises. He saw Ruth | erford when he emerged from the house | He heard him ask Bill Edwards who
 was doing the shooting, and heard
 Byron Milner say 1t was J. D. Glass.
 He saw Rutherford rush toward Glass,
 parting the crowd by the strength of | his charge, and saw him fell Glass with | a blow on the head. He saw Ruther- | ford choke Glass and heard Glass ask l for quarter. He heard Rutherford re- | fuse and say. I'm going to kill you.
 at the same time reaching for his pock- | et-knife. Then he saw Glass. whose right arm was pinioned to the ground, draw his revolver with his left hand l and fire twice. On cross examination Garden admit | ted that he had been indicted in Eimore County for selling liquor without l license and that Rutherford had re- | fused to testify in his behalf Garden I.ackey. factory operative
 who was also brought down from Bir-
 mingham, corroborated the testimony of Garden.
 The mother of Glass was called and
 she testified that the defendant was 1I years old.
 Defendants on the stand.
 J. D. Glass was then called to the stand. He apeared to be perfectly at
 ease and exhibited no great concern.
 He testified as to the words passed be- tween he and Milner when he was orr dered off the premises. He said thAt
 the rush of Rutherford was unexpected
 and he was knocked down with a blow
 on the head. Rutherford then bounced | on him and began beatingi him in the face. He asked for quarter, but Ruth erford declared that he would take l his life, at the same time pulling TOT his knife. It was then that he fired Frank J Bedsole was next called.
 He coroborated Glass's testimony as
 to the killing, and told of their move
 ments prior to the tragedy. He said | that he was given a pistol by Glass,
 who had two. They drank two bottles | of beer and half pint of whiskey on | their way to the dance He appeared l far less at ease on the stand than | Glass.
 The State then introduced several 1 character witnesses in rebuttal. Among ] these witnesses was Sheriff Robbins Of 1 Elmore County, where the boys had
 worked, and the Superintendent of the 1 Tallassee Cotton Mills and the foreman
 of the Adams Cotton Mill of Montgom- l cry. Mrs Kirby who was witness
 for the defense Thursday, also testified | as to their bad character.
 Both sides then rested. The opening | speech for the State was made and when the lawyer concluded a recess | was taken until 3 o'clock.
 When court reconvened two lawyers | spoke for the defense. Solicitor Dent | closed for the prosecution. All of the
 speeches were lengthy and covered the
 testimony in detail
 | At 630 o'clock Judge W. H. Thomas hASan the delivery of his charge and