The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-28
RIGBY MUST
SERVE FOR LIFE
Verdict Of Guilty Is Re-
turned.
PUNISHMENT WAS FIXED
Boy Did Not Display Any Emotion
In Court.
Considered In wetumpka That he
Was Fortunate In Not Receive
Ing the More Severe Penalty
-WM Appeal.
by BRUCU KENNEDY.

by BRUCE KENNEDY.
wetumpka. April az Especial. y
An Elmore county jury has said that
Bill Rigby must serve the remainder
of his life In the penitentiary for
killing Deputy Sheriff William l..
Mccain In Tomkahatchee swamp the
night Of October 6.
The young defendant was manifest
Iy pleased with the verdict which
was received by Judge Richardson at
10 o'clock this morning. Undoubted-
ly his lawyers were pleased with the
verdict Notwithstanding they were
given ninety days in which to pre-
pare O bill of exceptions for the pur-
pose of appealing to the Supreme
Court from the verdict of the jury.
On motion of Judge Terry Richard
son Of Montgomery acting for Solfc-
itor Askew, Judge Richardson made
an order that Bill Rigby, Neill Rigby
and John Rigby shall be confined in
the Montgomery county jail. The
case of John Rigby has been contin-
ued until the next term OF court.
Bill and John Rigby will stay In the
Montgomery jail while their appeals
to the Supreme Court are pending.
An order for the removal of old
man Allen Rigby and Jack Short, q
brother in law of the Rigby boys to
the Montgomery jail, was successful
ly resisted by their counsel and they
will stay in the Wetumpka Jail until
their cases are heard at the next term
of court.
All cases set for trial this week
In the Circuit Court had been dis
posed of when the Bill Rigby jury
indicated at 10 o'clock this morning
that it had reached verdict. The
jury had been out since o'clock
yesterday evening.
Defendant Hears Verdict.
When the news came that the jury
had agreed, r. Lloyd Tate of counsel
for the Rigbys, moved over by the
side of the young defendant, who sat
with Deputy Sheriff w, o. Robbins,
Jr., a youthful officer,
Mr.. Tate gave young Rigby a re-
assuring word. saying that he must
steel himself for the verdict. and II IL
yers felt confident they would secure
~ reversal by the supreme Court. II
was q tense moment. The death
penalty was expected. Bill Rigby
was among the few persons In the
court room who did not expect the
death penalty. His women folk ex-
pected the severest penalty and their
faces were pale and drawn. Rigby
was scared. but he appeared more
hopful after Mr.. Tate had spoken to
him.
When the Jury came out of the
court room and took their seats in
the box. Foreman J. III. Hickman
handed the papers to the clerk.
1--WE the jury find the defendant
and fix his punishment at imprison-
ment for life" This was the verdict
read by the clerk. If Bill Rigby felt
any sort of emotion his face did not
betray it.
That's not as bad is it might have
been" a kindly disposed man whis-
pered to the boy.
TITS better than the other thing
replied Rigby, his face still expressing
no emotion. IT'S a terrible thing to
have to stay in jail lifetime"
Question As To Advertiser.
When the jury was polled Mr.. Tate
said that for the purpose of moving
for a new trial he would like for
Judge Richardson to inquire of the 1u-
rors If any of them read The Adver-
tiser of April 26.
II decline to ask them that uues-
ton" answered Judge Richardson.
Mr.. Tate said he might move later
for a new trial on the ground that a
copy of The Advertiser of that date
had been found in the jury room.
Some legal parleying followed and
the jury was finally dismissed with
thanks by Judge Richardson Fore
gated by the jury to express to the
Judge the appreciation of the Jurors of
the consideration shown them by the
court.
The verdict in the Rigby case was
a compromise. On the first ballot nine
jurors voted for murder in the Sec
ond degree and three Jurors voted for
murder in the first degree and the
death penalty. The Jurors who wanted
were Foreman Hickman and Messrs
Darby and Haynie. When this morn
ing came and 1t was evident that a
mistrial might result the three Jurors
who thought Bill Rigby ought to be
put TO death finally agreed to a life
sentence.
The prosecuting lawyers were plain
Iy disappointed with the verdict. This
disappointment was expressed by Mr.
Richardson when arguing his motion
to remove the prisoners to the Mont
gomery jail. He was showing the
possibility of escape from Wetumpka
Jail when he exclaimed: This Jury has
Just pardoned one of these defendants"
Reprimanded by Father.
Mr.. Richardson was reprimanded by
Judge Richardson, his father, who re-
the citizens of Elmore county had a
right to return an honest verdict and
it must not be criticized by counsel.
Mr.. Richardson thereupon apologized
TO the court and to the jury.
Soon after the verdict was received
Bill Rigby stood up and was sentenced
TO life Imprisonment by Judge Richard
son. He nervously fingered his broad
brimmed black hat when the question
was put If he had anything to say why
sentence should not be passed upon
him.
Il have nothing to say" he muir
INJURED inaudibly. Then the youthful
deputy sheriff, Mr.. Robbins. took him
away to jail. there being a striking
contrast between the educated,
refined Alabama youth and the hard
faced, illiterate Alabama youth of the
woods.
The argument of counsel over the
motion to remove the Rigbys and Jack
Short to the Montgomery County jail
was interesting. Mr.. Tate for the Rig
bys declared that the Montgomery Jail
was an unit place to keep prisoners.