The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-16
WRAY IS GUILTY
GETS TEN YEARS
Jury Not Long in Returning
the Verdict
PRISONER BACK TO JAIL
Arguments Were finished Before Noon
and Courts Charge Was Delivered
Immediately After Recess.
Court Room Crowded.

returned a verdict of guilty of murder
in the second degree as charged in the
Indictment in the case of Richard Wray
and fixed the punishment at ten years in
the penitentlary.
This case had attracted considerable at
tention ever since the occurrence which
took place in the house of Marie Martin
on February 6, 1906, when George Free
man was fatally shot. Immediately after
the killing of Freeman all the parties who
were in the room at the time, some six
or seven, were arrested and imprisoned
pending an inquest. After the inquest
Wray was held and the others discharged.
At the preliminary trial held before JUS
tice of the Peace Russell, Wray was
bound over to the grand jury and later
on the grand jury indicted him for muir
der in the first degree. Several attempts
were made to secure bail but each time
1t was refused.
The case was taken up on habeas cor
pus before Chancellor Benners, in which
1t was tried to be shown that the de-
PENDANT was entitled to bail vnder the
law owing to the fact that his case had
been continued twice, which the defend
ant stated was done at the instance of
the state, but which the solicitor denied.
Went to Trial Tuesday.
After considerable difficulty and delay
in securing jury, the case went to trial
on Tuesday afternoon and lasted until
yesterday at noon. During the trial every
point of law and evidence was contested,
the Judge being obliged to rule upon al
most every question sasked. The defend
ants wife and mother and sisters, as well
as many friends, were present in court
during the trial and followed 1t with
marked attention.
The arguments to the jury began on
Thursday afternoon when Assistant So
lietor j. B. Arid and Attorney G. p. Bed
dow spoke for the prosecution; Attorney
B. M. Allen and Erie Pettus spoke for
the defense When court adjourned on
Thursday evening it was announced that
Attorney r. N. Bell would make the clos
ing argument for the defense and Solicitor
III. p. Hef1in would close for the state.
day morning when Judge Greene entered
at 9:90 He Immediately directed the bailifr
to bring in the jury, after which Mr.. Bell
began his argument. He made power
full appeal for his client emphasizing the
fact that the evidence was purely circum-
stantial and that if Wray wanted to XIII
Freeman he would have chosen some
other place than room in which SIX Oh
seven people were looking at him. He said
1t was a case of acquit or hang. and he
had no doubt which the Jury would do.
HefIn Argues to Jury.
Solicitor II. p. Henin began his argu-
ment very slowly and impressively re-
viewing the testimony of the witnesses
and drawing the jury's attention to the
manner of the witnesses upon whom the
state had to rely to make out case.
He pointed out to the jury the strength
of crcumstantial evidence and that all
the evidence in this case pointed TO the
guilt of the defendant
In replying to a statement by Attorney
r. NJ Allen in his argument for the de-
| Tense Mr.. Helhn said, "Mr. Allen tells
YOU that the solicitor seems to think that
upon him devolves all the responsibility
| for the enforcement of the law but
have never felt that 1 was solely re-
sponsible for the enforcement of the law
! In this county, although a great many
| people have thought so. l have endeav-
ored always to do my part and have done
It to the best of my ability in prosecuting
| cases; but, 1t is the juries who finally de-
eide cases who are more responsible than
either myself or the judge The jury has
the final and finishing act to perform, and
If the Jury fails or refuses to do its duty
all my labor is in vain.
"If the board of revenue will give me
good Jurors, if the board of revenue Will
revise the jury lists and put the names
of all citizens qualified to serve l Will
guarantee that every man charged with
crime in this court, regardless of color
or condition, will be convicted If guilty
and acquitted If innocent.s
| 'Mr. Bell tells you this is case In
which you should hang or acquit.' ] tell
YOU it is case in which you should
convict and fix the punishment as you
please: for it is the certainty of punish
ment and not it's severity that deters men
from committing crimes" go
Judge Charges Jury.
When court convened after luncheon
Judge Greene proceeded to deliver his
charge, which occupied nearly an hours
time. He explained the different degrees
of homicide and the ingredients neces-
sary to constitute each degree. He dwelt
especially upon the question of evidence
carefully instructing the jury now 10
handle that entrcate subject, especially
where the evidence was circumstantai
and where different and contradictory
statements had been made by the wit
nesses at other times and places.
The defendants attorneys had about
200 written charges, most of which the
Judge gave. having first instructed the
Jury that these charges were in accord
ance with the oral charge he had pre-
viously delivered n
1t was felt that the jury would not take
long to reach a verdict, and very few
people left the court. When the verdict
was announced the defendant was taken