The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-20
CLAIM TRIAL WAS
UNFAIR TO WRAY
Lawyers Argue on Motion for
New Trial
CLAIM JURY WAS AFRAID
Counsel for Defendant cites Judge
Viewers Rebuke to Recent Jury
and Claims Wray Suffered
the Consequences.
CLAIM JURY WAS AFRAID

At 10 o'clock yesterday morning Judge
Dan \. Greene took his seat on the bench
in the first division OF the criminal court
TO hear the motion for a new trial in
the case of Richard Wray, who was
convicted of murder in the second degree
and given ten years b. jury last week.
In addition to the grounds set forth
in The motion, several affldayits were
filed in which it was set forth that GER
tain Irregularities had occurred in the
conduct of the jury which would justify
setting the verdict aside, and also afii-
davits tending to show that Freeman had
committed suicide.
During the arguments of defendants
attorneys frequent reference was made
to Judge Weavers address to the jury
in the Shelton case and it was tried to
be shown that the jurors in Wray's case
were afraid of coming in for like CEN
sure if they turned the defendant free.
Attorney r. y. Bell opened the argu-
ments for the defendant in forcible
denunclation of the attempt of the So
lictor to secure the conviction of Wray'
He relied mainly upon the fact that
the defense had not had the opportunity
to eross-examine Lansdowne, the sick
man who was brought into court on his
cot "If we had cross-eXamined him,
said Mr. Bell I'VE might have caused
the mans death and if we did not cross
examine him we were deprived Of our
constitutional rights. Whichever end OF
! the rope we took we were going to be
burnt but we thought 1t better to let
the witness go than imperil his life.
MIR. Fell proceeded to read numerous
, cases in which new trials had been grant
ed under conditions similar to the one
at bar lie said that Wray was reaping
the effects of Judge Viewers address TO
/ the former jury and he also pointed out
: what appeared to him as the physical I'M
! possibility of Wray shooting Freeman as
described by the testimony.
Attorney Pettus followed, basing his
arguments on the action of the court IN
! selecting jurors from beats 81 and 81
when the law says the jurors shall be
drawn from the body of the county. lie
also argued that the court should have
charged the jury on manslaughter ana
thus have afforded the jury to have found
! the defendant guilty of that offense the
counsel spoke for over an hour, during
which time he read from numerous deci-
sions.
Attorney e. NJ Allen referred to the
affidavits which had been fled In con
necton with the case. He reminded the
court that one of these affidavts wa:
10 the effect that one of the jurors, the
foreman at that, had discussed the case
before it was finished and stated to the
bailiff that his mind was made up ant
that the defendant was a guilty man
He pointed out that the juror had beer
apart from the other jurors while the
courts instructions were that the jury
should remain together and not discuss
the question until the case was closed.
Another affidavit was to the effect that
shortly before the shooting Freeman hao
stated that he had lost several hundred
dollars lately and felt like committing
suicide. Mr. Allen argued the law OIL
several of the refused" charges to show
that they should have been given ans
also that the solicitor exceeded his duty
when he investigated the moral character
of Wray as it only tended to prejudice
public feeling against him.
| Solicitors Uphold Verdict.
Solicitor Iienin aud Assistant Solicitor
j. b. Arid made short addresses in which
they upheld the verdict of the jury. I'VE
have secured the conviction of one white
man in Jefferson county," said Solicitor
Helm, and that means much for thf
county," He drew the courts attention
to the unwilingness of the states wit
nesses which, he said, he had to cross
examine to get any testimony from them
The solicitor said, THE men who con
stituted the jury in the Wray case were
men of intelligence and integrity, and the
very man whom the defendant now criti-
esed was the man who declared he woulo
not hang a man circumstantial evil
dence But l took him because l knew
he was equal to doing what was righl
and in my opinion he did it,"
Both Mr.. Helm and Mr.. Arid made
strong arguments in favor of allowing the
verdict TO stand and If any error haC