The Montgomery advertiser., 1907-08-14
Acquitted of Murder of
 w. J. Patterson.
WEBB'S ARRAIGNMENT SEVERE
The Evidence Taken Shows No
 Malice.
yuare Clarke Gave as His Opinion that the Killing of Saturday Night Was Due to Excite-
 ment.

nobile, Aug. lS.-.Speciai.D-beto a throng of people crowding every inch of space in the record er's court room, Fremont Thrower, Jr.. was this morning acquitted of the murder of w. J. Patterson, Jr.. in the deplorable accidental shooting. which occurred last Saturday morning at 12:15 o'clock in front of the home of W. A. Yeend. on Spring Hill Road.
 After a dozen minor cases had been called and disposed of. the Thrower ing the young man with taking the life of young Patterson.
 Numerous witnesses had been sum- moned by the State and the defense, and Judge Semmes, who represented the State, called W. J. Patterson, Sr., father of the dead man, to the stand. Mir. Patterson stated that he and hls son were aroused from their sleep Sat- urday morning shortly after midnight by cries of distress from the home of Mir. Yeend, only few doors distant. He and his son ran to the scene and after searching the premises in the rear, MT. Patterson stated that they came to the front, jumped over the fence and immediately after this, the younger Patterson was 5hot. MT. Patterson stated that he could not see who it was that shot his son. as 1t was very dark.
 MT. Yeend TentifIes.
 Mir Yeend was then called to the stand and stated that his daughters were awakened during the night by some one in the room; he ran irnne- diately from the house and began searching the premises for the -narAu- der. He stated that from the time he emerged from tile house he was call- ing to shoot him, shoot him. beiug so excited that he did not know what he was doing. This is what rnado sDer. Thrower shoot when he saw Patterson coming toward him,
 For the defense many witnesses were heard. principal afAUng whom was Mrs. Amos Travis sister of Thrower and whose home young Thrower was visit ing on the night of the killing. She testifed that her uncle. MT. Gaines EsIava, lived with her at her house and he told her In the afternoon of Friday that he would have to be away that night She telephoned young Thrower. and he said he would come. arriving at Mrs. Travis's home about 7:30 o'clock Friday night and bringing with him Miss Dellie Groom, friend of Mrs. Travis.
 Mrs. Travis stated that Mir. Eslava returned home about 10:30 o'clock Fri day night and brought with him q shotgun from the home of den1ented relative where he had been visiting. She told of hearing screams shortly af- ter IF o'clock Friday night and that young Thrower grabbed the gun which his uncle had brought in a few min utes before and started for the Yeend home, from which the cries of distress came She stated that Thrower re- turned within q few minutes, put up the gun and returned immediately to the scene of the trouble. Then It was. she said, that young .Thrower learned that he had shot Mir. Patterson. and ne acain returned home and told what had happened.
 Mrs. Travis said that Thrower was in a very nervous state and that short ly after a conversation with his fatper and his uncle as to where to surrender hs hrofe down and followed his father home.
 When the evidence had been con cluded Solicitor Webb addressed the conrt His arraignment of young Thrower was quite severe, and be said that while there was nothing to sup stantiato the charge of murder, there being no malice shown, and without malice there could not be murder Tn any degree, that Thrower being young had evidently lost his head and had killed the young man with deadiy weapon. e.
 "OuestIon arises then" said the So- 1,o,tor ..vvhat offense is the defense guilty of" Solicitor Webb then anal yzed the case and concluded by saying fbat inc court should hold the young man to answer a charge of manslaugn- ter in the first degree.
 MT Fitt's address to the court wal A forcible one and several of the spec tators were forced to dry their eyes His was a remarkable enort once he referred to the prosecuting attor' ney very strongly. and the prosecutor exnlained hls position by saying tha be was there in his official capacity and though he had known the father of tbe accused for number of years he was there in his official capacity and these feelings had no weight IT the matter. .
 Mir Fftts stated that nothing is s' sacrad as the chastity of the home That nothing will stir an American cit Izer to action any quicker and tha this Is what caused young Throwel to leave his home to give aid to wo men who were calling for help. H' Eai6 If was HlObL N"' denlorabIe accident had happened hut that young Thrower shot an' killed patterson when of the opinion that patterson was the felon who ha' dared enter the home
 The case was then given to the cour and Judge Clarke in giving his de
 ,aTbe court must put aside all senti uant in this deplorable affair; my heart Toes out to both families. IT. inc one for the loss of boy and t, the other the very humiliating posi- tion in which they have been placed This is but another of those unfor tnrate affairs In which brother 0 q sister laboring under excitement an IosIng his or her head shoots one an other The evidence leads me to bu ona concIusJon-that the killing wa hnt an accident. due to excitement in cident to the anair. I believe, and ia my opinion. that the killing wa the result of excitement and I am con vIneed that no jury would ever con vIot under the circumstances presente | to the court. For this reason I dis rniss the defendant"