The Montgomery advertiser., 1906-02-02
NO NEW TRIAL FOR OLLIE RAY Madison County Man to Serve Lifetime. FOR DRAMATIC MURDER Jealousy Brought About the Killing of Tom Matthews.
 ---e---- supreme Court Aairms Lower Court and Young Man Will Pay Penalty
 --other Cases Are
 Decided.

County. avaiIed him nothing with the Alabama Supreme Court which yester- day handed down a decision affirming a life sentence imposed upon him by inc Madison County Circuit Court for the murder of Tom Matthews. Mat fhews was shot and almost instantly killed near Ryland, at the home of the girl whom he loved. in the year 1903
 1t was rather legal technicality which marked the appeal a failure. Counsel for Ray neglected to get an order granting 8 bill of exceptions within the proper time and for this reason the motion of the Attorney General to strike the bill prevailed. Tho order was given by the Judge of tho Circuit Court on March 5, not in the term of court which ended Febru- ary 3s. This was construed as in va cation and the order was therefore null and void.
 The circumstances of the killing of Matthews, a white citizen of Madison County. arc given horrible color by the testimony of few who were pres ent. One witness testified that he told Ray of the intention of Matthews to go on an excursion to Chattanooga witt a girl friend. of the community. May Belle Franklin. Ray flushed at the report and said, Tom will not go on an excursion to Chattanooga, but he will take one to hell pretty soon !" One night later Matthews sat with the Franklin girl in her fathers home surrounded by ether members of the family and visitors. He was reading a railroad dodger advertising an excur- sion to Chattanooga. He was outiin- ing his trip. when suddenly the shutter 10 tte window opened a few inches, and, according to witnesses, the face of Ray showed for second, when the window was closed again. Less than minute later two shots rang out and Matthews toppled over in his chair, two bullet holes in his head. They had oeen fired through an aperture in the wall of the house.
 Pinkert0n's Case Affirmed.
 Boyd Ptnkerton. alias Boy Pinkerton, of Etowah County, will have to serve ten years in the penitentiary for the phooting of Bill Smith, Gadsden ne- 70. last July. This was the tragedy at sent q shudder through the law iding population of cadsden, So close did 1t follow on the shocking out ye and murder of Mrs. Jane Smith m the dark mountain side, and
 ch two negroes have alresS~ ged.
 yen the very night that Sn
 n Pinkerton. who was conv
 nanslaughter, had accompal
 
 rs. Smiths murder and v9p tun hundreds of other citizf horror of the crime. Then |. to the railroad station to go b .A Attaila, where they came from. Bill smith was standing on the platform of the train when he asked white man. Where are you white folks goin' According to the evidence of the case, Ptnkerton, on these words, turned and Sh0f the narro dead.
 Pinkerton was sentenced to ten years and the Supreme Court yesterday af- irmed the lower court.
 Opinions of the Court.
 The following is list of the opin- Ions put out yesterday by the Alabama Supreme Court:
 George D. Nelson vs. the State of Alabama, appeal from Bessemer City Court; reversed and remanded.
 Nolen Grant vs. the State of Alabama. appeal from Anniston City Cout; af- frmed. Alabama Coal and Coke Company, ap- neal from Walker Chancery Court; re- ysraed and rendered.
 Dowdefl. J.:
 James N. Nixon, ct al, ys. William Boiling. appeal from Marshall Chan cery Court; affirmed.
 Ollie Ray Vs. the state or AlaDaf ma, appeal from Madison Circuit Court; af- flrmed. Simpson. J.: -: w H. Hutchinson vs. J. T. Palmer,
 l, appeal from Jefferson Chancery t; affirmed
 mic B. Chisholm, ct al, vs. John H.
 .IIace, trustee, appeal from Birming-
 n Cuv Court; reversed and remand
 .Conley Manufacturing Company
 to E. Hamlin. administrator, appeal
 da'C5adsden City Court; reversed and
 handed.
 Alabama Great Southern Railroad Company vs. the Commonwealth Man