The Montgomery advertiser., 1905-05-06
COLLIER SENTENCED TO DIE;
 JACKSONS FATE IN BALANCE

 Blackwell was to speak in the case against Collier attracted a crowd that filled the, court room to overflowing, for ne has more than a local reputation as speaker. It Is no little compliment to Captain Blackwell that for two hours of sultry morning he held this crowd close and attentive.
 Captain Blackwell eloquently pie tured the horror of the damnabIe crime that had been committed when Miss Belle Bloodworth was slain in the al- ley. He pictured the pure and inno- cent victim hurrying home to her moth . CT. with black brute following her in the dark. He described how she had been slain with stick of stove wood. He went into an exhaustive review of the evidence which he declared fast ened the crime beyond doubt on the de- fendant, Collier. He told of the finding of the overalls. slit down the legs and thrown away by the defendant-over- alls which the defendant admitted be- longed to him. He showed by the evil dence that the defendant had been seen again and again near the scene and near the victim of the crime. He en- larged upon the contradictory state ments that had been repeatedly made by the defendant.
 At the conclusion of MT. Blackwell s argument. Judge Speake delivered an exhaustive charge to the jury. The law of evidence and the duty of the jury in the consideration of the evil dence were thoroughly explained by the judge. So full and complete was the charge that both sides in the case announced themselves satisfied.
 Trial of Jackson.
 As soon as the jury retired. Will Jackson, a young negro, was placed on trial for the murder of Policeman Steel When time for the dinner ad- journment came. the sheriff was still drawing the jury.
 When the court, convened from the dinner recess, the trial of Will Jack son was resumed. The jury had been selected with but little trouble. For the defendant. Major w. R. Francis en- tered a plea of not guilty.
 Mrs. w. A. Pryor first testified. She was an eyewitness to the killing which occurred on the sidewalk by her house. Officer Steele came up the street hold ing the prisoner. As he reached the sidewalk. Jackson struggled with the officer. The struggle lasted some sec- onds. The witness saw the negro point the pistol at MT. Steele's head and fire the shot. MT. Steele fell to the ground. The negro stumbled into a ditch. but got up and walked rapidly away.
 Tobitha Hobbs, a negro nanny. wearing a glaring red bandanna. de- scribed the shooting of Steele by the negro. When the negro ran off, he had a pistol in his hand.
 Deputy Sheriff W. A. Petty told of Jacksons arrest after the shooting of Steele. Jackson told the witness and others that he had been arrested by MF. Steele on the railroad. On his way to the jail Jackson said he tried to reason with Mir. Steele and they had a scuffle. Jackson said he got hold of the officers pistol and shot him.
 Dr. C. J. Covington testified that he examined the body of Mir. Steele and found that his death had been caused by pistol bullet which entered the head little above the right eyebrow. pr. G. R. Sullivan. county physician of Morgan County. gave similar testi- mony.
 Preacher the CaptOr.
 Rev. A. A. Hulto. pastor of the Bap- tist Church. was the captor of Jackson atfer he had shot Steele. He described the capture as the negro ran away rom the scene of the crime.
 J. c. Morris. a Deactur shoemaker. tolk Of Jackson's running from the scene of the crime. The witness was among those ran t. nelp MT. Hulto when he had caught Jackson. Jackson AAeAN o pAStOA anu WAS IleTCe- y. The witness struck Jackson on the head with small shoe hammer
 City Marshal Drew Young identified the pistol with which Policeman Steele was killed.
 Here the State rested. The defen- dant, Will Jackson, took the stand to tell his own story of the killing. Af- ter telling of his arrest near the riv- CT and the walk with MT. Steele tow ards the city jail Jackson said, T tried to reason with him. Me and him got in CT little scrimmage. In de scuffle I felt his pistol and some how l got hold of his pistol which I was holding in my left hand. He hit my arm and de gun went off. l didn't have nothing agoinst the man. never had seen nim before"
 On cross examination Jackson ad- mitted that he had just finished a term for burglary in the mines near Dir- mingham when he came to Decatur. The defense had no other witnesses to introduce.
 The argument was opened by soliOi- tor Almon. There was no occasion for a speech, Mir. Almond said, be- cause there was no defense. He pro- posed to speak only Tor fifteen minutes which would be even a longer time he felt confident, than would be ne- cessary for the jury to make up its mind that the prisoner should suffer the death penalty. 4,.r. Almon brief that there could be nothing else to the case but murder in the first degree.
 Francis for =1efense.
 For the defense Major Francis said no contention was made that Jackson did not kill MT. Steele The defense contended that the killing of Mir, Steele under the circumstances should not be iela hxr ha tirpa of the killing the prisoner was being arrested in an unlawful manner. Jack son had the right to resist he arrest, although he had no right to kill the officer making the arrest. The evil dence clearly showed, Major Francis argued, that Jackson had no malice to- wards MT. Steele and the evidence showed. too, that Jackson had no time for the reconciliation necessary to make murder.
 Major Francis's argument was fol- lowed and emphasized by his associate counsel The prisoner. Mir. Prise said, was a negro unfortunate and helpless, and his very helplessness should ap- peal to white men. It was not con- tended that Jackson should not be pun ished but it would be an injustice to make that punishment hanging.
 In closing the argument for the pros ecution w. w. Callahan took the pis- tol and showing 1t to the jury said that 1t would be impossible to jar a safety revolver of that sort so that 1t would be fired as Jackson said 1t was fired. It was impossible, too, MT Cal lahan said, for such a jar to affect a mans finger so that it would pull the heavy trigger of the self-acting revol- yer. Mir. Callahan quoted many au- thorities to show that MT. Steele was acting well within his authority wh sn