The Montgomery advertiser., 1907-08-23
FOWLER GETS FORTY YEARS Houston County Man is
 Convicted. ACCUSED OF KILLING WIFE Lawyers Will Ask for a New
 Trial. Court Takes Up Case of Ben Hcnaer~ son Charged With Aiding His
 Som in sIayink Young
 Yelverton.
ACCUSED OF KILLING WIFE
BY c. n. POOLE.

Dothdn. Aug. 22.-tSpeciaL) )--Ak M 0 clock this morning the jury trying the case of Frank Fowler, accused of wife murder, brought in a verdict of murder in the second degree. with the recommendation that he be sent to the penitentiary for forty years.
 At the close of Judge Pearce's charge yesterday afternoon. he instructed the jury that In case they could not reach verdict by 11:3O o'clock last night. they should remain in their room untlA this morning. Many persons waited around the court house until the tlma for their report had expired. and hear-s ing nothing from them, the sherifS ad4 vised everybody that no report would be given out until this morning
 Fowler was among those waiting, still being under the bond given for hia appearance at court On hearing thas there was no prospects of an agree- ment last night, he went to his homo. some miles in the country.
 This morning about 5 o'clock word was sent to Judge Pearce that ths fury was ready to report, and he repaired t@ the court room. It was about an hour after the jury had announced ready to report before Fowler came in. Tho jury was brought in and the verdict was read.
 Judge, Pearcs immediately passed sentence, and told the jury he thought they had done right in finding a verdict for lesser degree than one calling for capital punishment. Defendants att torneys filed motion for a new trial, and were granted thirty days in which to prepare their papers.
 History of Case.
 Friday night. March I.s 1907, Frank Fowler announced that he had awak- ened and found his wife dead in bed I4- Fls.. miles south of Dothan where Fowler was engaged in farming and running a saw mill. Neighbors of the Tow lers went to the home and prepared the body of Mrs. Fowler for burial, and on Sunday she was buried. Then the re- ports began to leak out that there were signs Of violence on the body ef Ms, Fowler when she was being dressed for burial. Other reports were circulated to the effect that Fowler and his wife had not been living happily together, and 1t was decided to have an Investigation.
 . Accordingly the body was exhumod and an examination made, which snow ed that there had been hemorrhaga Of the brain which was the cause of death. One of the physicians said and swore that this could not have been caused from disease, and was the re- suit of a violent blow. made by some blunt instrument. A warrant was is- sued for Fowler, he was arrested and at the hearing was allowed bail.
 There was considerable feeling at the time but before the trial this had sub-l sided.
 The Henderson case.
 When court convened this morning the case against Ben Henderson. ae-s cused of the murder of AlonEo Yelver-t ton. during the latter part of last ysars was taken up.
 Sersoz. were both indicted for the n1ur= der of YelvertOn. The killing waa done during 6 general row between the family of Henderson on the one sld9 and young Yelvefton on the other Will lis Henderson was convicted at the lasf term of Houston Superior Court ana aentenced to the Alabama Boys Indua- trial School. where he has since been. He is a witness for his father, and came in on the Atlantic Coast Line train at S:45 o'clock last night He atill looks like a tender hearted boye and says he likes the place. That he ta well treated. and his looks bear Out his statement
 iail here since the crime was commit- ted. but the mother and others of tho children are now living about five miles, below Hartford. She came in over tho Central road. which was about an hour late. and court was already in session When young Henderson saw her conn i'm, he went to meet her and the meet- ing just outside the court room was pathetic. She fell on his neck ana, wept.
 The State Is represented in the case by Acting Solicitor Hill, assisted by Colonel B. F. Reid. In the court room assisting the State in the proseoution. are the father and brother of the de~ ceased boy. c. H. and M. c. Xeiyer- ton.
 Considerable time was consumed in seiecting the jury and at the noon hourl not much had been accomplished in th0 case other than the selection Of thes jury. -,.5
 The afternoon session of the Circuit Court was consumed in taking testt- mony for the state and defendant and In arguments of couasei for both sides.
 Colonel Hill for the State finished his argument at o'clock this evening ana Judge Pearce placed the jury in charge of the Sheriff until tomorrow morning when he will charge them.
 The State sought to prove that Ben Henderson, by his acts, caused his boy, Willis. to shoot Yelverton and the de- fense was that Willis Henderson's act was his own and Ben Henderson was In no way responsible.
 Opinions are about equally divided as to the jury acquitting or finding light ,yardiot