The Montgomery advertiser., 1906-06-01
"A NEW TRIAL FOR J. D. GLASS Boy Who Killed M. |. Rutherford in West
 End. HIS CASE IS REVERSED Supreme Court Says the City Court
 Erred. Case of Cleveland Hill Who Killed John Henson in MarshaII coun-
 ty Amrmed by HisA
 Tribunal.

J. D. Class, the II year old West End boy who was convicted on May l, 1905. in the Montgomery City Court of killing M. L. Rutherford. at dance in West End and sentenced to fifteen years Imprisonment in the penitentiary. will be given another trial
 In an opinion handed down yester- day by Justice Denson of the Supreme Court. and concurred in by Chief Jus tice Weakley and Justices Haralson and Dowdell. the verdict of the jury in the criminal division of the City Court was reversed and the case re- manded.
 Two chief reasons were given in the opinion of the Justice for the reversal. One related to the introduction of evil dence by witness to show that she had been summoned in behalf of the defendant This evidence. was regard ed as fmmaterial. 1t being held that the solicitor was improperly allowed to show that fact, the only purpose being to prejudice the jury. It was further held by the Justice that the solicitor in the case had made refer ence to the three children of the dead man, who had been left to charity and his friends" The records. the opin- ion stated. do not show this to be fact
 The crime for which Glass was in- dicted was that of shooting and kill ing MT. Rutherford at dance in that portion of West End known as Factory Row. Indicted with him was a compan- ion, Frank Bedsole, who was later &C., quilted. MT. Rutherford and his three girls were in attendance at a dance held in the house of James Milner. Glass. the evidence brought out at the trial showed, was using profane lam guage, to which MT. Rutherford ob- jected. A quarrel resulted. in the course of which Glass pulled a pistol and shot his antagonist. Glass was at the time only IT years old.
 Hill Must Serve Sentence.
 Another important opinion in a criminal case was handed down by Justice Denson in the appeal of Cleve- land Hill, convicted in tho Marshall County Circuit Court of manslaughter in the first degree. and sentenced to Imprisonment at hard labor for pe- riod of one year. With Chief Justice weakley and Justices Haralson and Dowdell concurring, the sentence of the lower court was affirmed.
 The crime for which Hill was con- victed was the killing of John Hem son, a crippled, with a knife. The killing occurred on a Sunday afternoon in June. 1904. when the boys and a number of companions were coming away from singing exercises at Nobb's School House. While engaged in a friendly scuffle. an aItercation arose. and Henson attacked Hill. The lat- ter drew a knife from his pocket, and pursuing the now frightened cripple. stabbed him to death. At the time of the trial the defense entered a plea of self defense.
 In the opinion handed down yester- day. the court held that the plea could not be regarded as holding. because. owing to the crippled condition of the dead boy, there was no necessity to re- sort to his death. Both Henson and Hill belonged to prominent families in Marshall County.
 Surrey Allen. a negro, convicted of murder in the second degree in the Limestone County Circuit Court, was given another chance in a third opin- ion handed down by Justice Denson. Because James Allane, another negro, had refused to lend him a mule to at- tend a baptizing, it was charged. AL len had killed him. The killing oc- cured on August 20. In the opinion handed down yesterday. attention was called to the imperfect condition of the record of the trial.