The Montgomery advertiser., 1906-06-01
TRIAL FOR MURDER.
DEPUTY SHERIFF BEFORE JUSTICE
 OF PEACE.
Charged With wfIfully Killing His Prisoner and Was Acquitted In 0rrville Court, But Was Re-Ar-
 rested In Selma.
Advertiser Bureau,

Advertiser Bureau,
 Selma, luay 3i.
 For the second time Deputy Sheriff Joe Stevens was this morning tried for the murder of the negro Walter Richardson. who was killed early yes terday morning on the public road be- tween Stafford Station and Orrville.
 Stevens was the deputy sheriff who was sent to Texas after the negro mur- derer when he was located in that State. He was bringing the negro back to Dallas county to stand trial. and when half way between Safford and Orrville. the negro jumped out of the buggy and was making his escape when the officer fired upon and killed him.
 Yesterday afternoon. before Justice of the Peace Tom J. Ellis of Orrville precinct. Stevens was arraigned and tried for the murder of the prisoner ln his custody who he had killed. There was nothing in the evidence to warrant a conviction or for the binding of the prisoner ovef to await the action of the grand jury. and the case against him was dismissed by Justice Ellis.
 Yesterday afternoon Sheriff Black well swore out a warrant before Jus tice I. D, Lloyd charging Stevens with murder. and Chief Deputy Sheriff Townsend went to Orrville in the after noon with the paper. He arrived at that place shortly after the trial had been concluded in the court of Justice Ellis. The warrant was served on Mir Stevens and this morning he was brought to Selma and preliminary hearing was set for 12 o'clock. Several delays continued the case and 1t was not, taken up until few minutes be- fcre o'clock
 lAfa nf xua ranraSanta6 Judge Craig, who stated to the court that the defendant had already been tried for the offense in the court of Justice Ellis. but that he was perfectly willing to go on in the trial again Jus tice Lloyd did not want to try the case if 1t had already been heard. but the attorney for the defendant insisted and the case was finally taken up.
 The first witness examined was Sher- Tiff Blackwell who told of the warrants that had been made out against the dead negro and of the going of stevens to Texas after the prisoner. Deputy Townsend was next put in tho stand and he told of the indictment against the negro which had been returned at the last session of the grand jury or the City Court. He said that when the negro had been located in Texas that the sheriff's office had asked Governor Jelks for requisition papers to the GOV ernor of Texas. and that he had sent the Governor copy of the warrant which had been issued for Richardson by Justice Ellis. That the Governor had refused to issue any reduisition papers on this warrants and that he had sent him a copy sof the indictment which had been returned by the grand Jury.
 The testifying on this question then brought up the question as to the right which the deputy had in taking the prisoner to Orrivlle to stand prelim- mary trial before Justice Ellis before he brought him to the county jail in this city. Judge Lloyd called for the requisition papers and as they were not forthcoming. he stated that he would have to adjourn the court until to- morrow so that he could get these pa- pers and examine them as that was the only way he could intelligently get at the bottom of the matter
 The decision of the court to adjourn brought on a consultation between the defendant and his attorney which re- suited in the necessary frequisition pa pers being brought forward and which were closely scanned by Judge Lloyd. The examination of witnesses then con- tinued
 The principal witness was a white man named Nat Walker. Walker was riding horseback A few steps behind the buggy In which Deputy Stevens was and his prisoner. He said that when about half way between Safforil and Orrville, Richardson jumped out of the buggy and started to run away.
 Stevens called to him several times to stop. and when the negro continued to run he pulled his pistol and shot, the ball entered Richardsons heart and he was instantly killed A physician who had examined the body of the ne- gro testified that the ball had enter ed the back and penetrated the heart. tice Lloyd announced that he would not render his decision until o'clock, when the court would reconvene.
 At o'clock this afternoon, Justice Lloyd reconvened his court in the pre- liminarX trial of Deputy Sheriff Stew ems. In summoning up the evidence, he said that he did not think that the deputy who had State papers for his prisoner had any right to take the prisoner across the country to the scene of his crime instead of bringing him to the county jail.
 From the evidence introduced, he thought 1t best to let the grand jury in vestigate the circumstances which led up to the prisoner being killed. and he bound Stevens over In the sum of $500 to await the action of the next grand jury The warrant against Stevens which was for murder was amended to manslaughter.