The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-27


In death the right hand Of Mccain was
laid over the wound The State says
It was the natural thing that he hand
should have gone to the wound. the
defense says this hand was reaching
for q pistol when 1t was stopped BY
death.
Defense Denies Plot.
Rigby denied that Allen Rigoy had
planned to have his sons kill Mccain.
He denied that when the boys went
home at o'clock in the morning and
reported McCain's death the old man
rubbed his hands and said Good. good.
He's in hell where he ought to have
been fifteen years ago" Young Rigby
denied that he married old man Stan
fields daughter and deserted her in q
week.
When the court convened at s o'clock
this morning the trial began promptly.
The first witness for Rigby was Cieve
Kenny. a young farmer, who swore
that Mccain told him he would rather
catch Bill Rigby than to arrest ne
gro for whom there was a $1,000 re-
ward. The next witnesses were Abe
Howard, Sallie Howard and their son
Simon Howard, negroes, at whose house
Mccain stayed when he was IN this
neighborhood. They testified to near
ing the gun shot that killed Mccain.
and of persons running by their house
Immediately thereafter.
They saw men skulkins about their
house before, the shooting but recog-
nized only Jack Short They did not
see any of the Rigbys that night. Old
Man Abe. Howard testified that The
men went by his house "A-rippin' and
a-runnin' and their feet was er-talkin'
to de groun' lax bosses feet"
Old Negro Raises Laugh.
Closely questioned by Mr.. Tate az
to the tracks made by the men. this
old negro, whose head Is topped ty
white wool. raised a laugh when he
Indignantly asked the young lawyer:
'Doan yer reckon / knows de difrJnce
from mule tracks en- mems tracks. Mr..
later
w. r. Evans. l. d. oliver. J. r.
oliver and H. C. Ellis. farmers. and
william Ward of wetumpka, formerly
county coroner testified that Mccain
was of bad character.
1t was developed that Mccain once
killed a negro prisoner who tried to es-
cape from him and that Mr.. Ward pre-
sided over the coroner's jr-y that ltber-
ated the dead deputy. The witness, l..
D. oliver, Indignantly denied that Nc
Cain had arrested him for stealing
hog from a negro.
The defense rested at IL o'clock and
the State put up score of Gilmore
County citizens who swore to the good
character of Mccain. These Included
Probate Judge II. ]. Lancaster, Sheriff
Weldon, former sheriff w. o. Robbins,
and all of the county offic Is Asked
II he had not taken a lively interest In
prosecuting the Rigby's. Ex-Sherin
Robbins answered, Eyes, l have. They
killed one of my deputies" :
The lawyers closed with this tesfi-
mony and 1t was agreed that three
hours should be allowed for argument
H. r. Golson of Wetumpka. opened
for the State, followed by Mr.. Tate and
Mr.. Sanford for the defendant. Mr.
Richardson closed for the state. Dur
ing the morning Mr.. Sanford was seized
with Illness and returned to his hotel,
where he was attended by physicians
He argued the case only because OF the
desperate situation of his client He
feels much improved tonight.
In the speeches to the jury, the trial
and conviction of NELL Rigby three
months ago played an important part.
LAWYERS for the defendant argued that
the state was inconsistent In sending
Neiff Rszpy 1p for iifs FOR a crime
which the State now said was commit
ted alone BY Bill Rigby Counsel for the
state argued that II was cowardly Of
Bill Rigby to close HIS mouth and al
low his brother to be punished If he
was alone responsible for McCain's
death. Judge Richardson began his
charge to the jury at 8 o'clock this af-
ternoon,