The Montgomery advertiser., 1906-06-15

priNeu yesterday or tno1r last hope of
 avoiding sentence by the action of the Supreme Court
 Isaiah Gordon, . negro, sentenced to
 be hanged at jury trial in the Macon Circuit Court, who had appealed for a
 reversal of the finding of the inferior
 tribunal. was re-condemned when an opinion was handed down affirming the
 previous sentence. Robert L. Dix, an
 other negro. who had been convicted
 and given the death sentence by the Criminal Court of Jefferson County was the other. Both are to be hanged by order of the Supreme Court. on August 3.
 Gordon Killed a Child. The crime for which Gordon was convicted, was one of revoiting cruel ty. fingered, it was charged, by the crying of his stepsen. Frank Fort. a child of one and half years old, 1t Is supposed he dashed the boys brains out upon the floor of his home. The
 indictment found against him charged him with the murder by means of some instrument unknown.
 When the case came to trial in the Macon court the attorneys for the ne gro put in a plea of insanity, saying that the crime was committed while the man was not in his right mind Gordon was convicted and sentenced | action of the Supreme Court on an appeal.
 | In the opinion handed down by MT. Justice Simpson yesterday, the finding of the lower court was affirmed, and as the date set by the lower court had passed during the litigation, August 3 | was set for the hanging. Dix Killed Car Conductor. | The Dix negro. in whose appeal Mir. Justice Denson affirmed the finding of l the lower court. was convicted in the 1 Criminal Court of Jefferscn County of | the murder of Bert Pesnell. a white | man, in an aItereation on a Birming- ham street car On the night of Octo- l Der 1G, 1905, Pesnell who was a con- ductor, had threatened to put the me- gro eff his car unless the latter paid i his fare. A struggle ensued in which | Dix drew a knife and stabbed the con- 1 ductor the wounds resulting fatally. l The conviction which followed in the I trial before the Jefferson County Court,
 was affirmed In the opinion handed down yesterday, and the same date set for his execution, on which the other murderer, Gordon, will be hanged. 1 In addition to the opinions handed down in the cases of the two con- denned men, there were a number of | other important appeals In criminal cases disposed of by the Supreme Court yesterday. Three of these were | murder cases and one a conviction on 1 trial for rape.
 other Criminal Cases. | In an opinion handed down by MT Justice Tyson, in the case of Elder Cutler vs. The State, appealing from | the decision of the Covingtcn Circuit Court, the sentence to fifty years im- prisonment in the penitentiary was af- frmed. Cutler was convicted on No vember 27. 1905, of the killing of Hen
 ry Jenkins with a pistol, and the sen | tence of half century passed upon | him.
 An improper charge of the judge to | the jury in the trial of Tom Stevens. convicted in the Monroe Circuit Court of murder in the second degree, was prominent reason for reversing and l remanding the case to the lower court. in an opinion rendered by MT. Justice Simpson. Stevens was sentenced 10 | thirtv-seyen years imprisonment in
 the peitentiary for the killing of Judge Askew. a companion, with a pistol. The l fatal shot was fired when Askew was l rising to his feet from a crouching | posture, with his hand reaching to-
 ward his hip- pocket. A few minutes previous to the shooting, Askew had made the statement that he was carry | Ing a pistol.
  and remanded by MT. Justice Simpson
 was that of John Sanders, convicted in l the Monroe Circuit Court on a charge | of rape and sentenced by that body to | ten years in the penitentiary. one or the reason given for the opinion hand- | ed down was that at the trial, Sanay Puryear, stepfather of Verda Puryear'
 the prosecuting witness, had been per | mitted tc give improper testin 2ny l to 6afHnd2nt, | In a third opinion handed down by MT Justice Simpson, the sentence or ten years imposed by the Butler Circult | Court upon Joe Mitchell, convicted or murder in the second degree, was af- Armed Mitchell was charged with killing Nelson Womack with a pistol. He was convicted on November II, 1905. and was allowed thirty days in which to tender and have signed bill of ex- lceptions This bill as rendered on | necember 13 two days after the date | originally allowed had expired, ana all lthough the counsel for the convicted | man urged that the court had granted l an extension of time, the opinion or the Justice held that such an extension IS
 beyond the power or the 1udse to
 grant.
 1 ro,lowins is a complete list of the
 oninions handed down by the Supreme |
 | Court yesterday:
 i Weakley, J.; vt wAsern Railway of Alabama vs. John n Mitchell, appeal from Montgomery | City Court; affirmed.
 | KeIIv & Middleton vs, D. M. Horse
 law appeal from Jefferson Chancery ro,rt. appeal dismissed and writ or
 mandamus denied.
 Elder butler vs. the State of Ala
 bar,a appeal from Covineton Circuit | Court: afirmed.
 lanes Collock vs the State of Ala
 hama appeal from Mobile City Court;
 Charlie Davis vs. the state of Ma
 bar,a, appeal from Dale Circuit Court; 1 affirmed
 Toe Mitchell vs the State of Alabama appeal from Butler Circuit Court al
 Tobn Sanders vs, the State of Ala bama appeal from Monroe Clrcu'' Court; reversed and remanded.
 Torn stevens vs. the State Of Ala
 bama. appeal from Monroe Clrcult i Court. reversed ana remanded. | Isaiah Gordon vs. the State Of Ala
 hama. appeal from Macon Circuit Court l affirmed The day of execution having
 passed Friday. the Srd day of August
 i9O6 Is fixed by this court as the day
 for the execution.
 Laura Fowler ct al. vs. Irene Prich-
 ard, appeal from Mobile Circuit Court
 affirmed
 Anderson j.;
 solth and North Alabama Railroad