The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-26
RIGBYS ARE
AGAIN ON TRIAL
The Dark Tragedy IS
Rehearsed.
BILL R1e BEFORE BAR
Defend ! In Murder Case Is a
Mere Youth.
FL = Of Eimore County Farmers Are
lharged with the CowardIy As
- sassination of Deputy sheriff
william Mccain.
by BRUCE KENNEDY.

Wetumpka, April Z5.-tSpecial)--Ine
rehearsal of a dark tragedy began In
the Circuit Court of Gilmore County to-
day, Judge J. C. Richardson of the
Second judicial Circuit presiding.
The tragedy was enacted in Tomka-
| hatchee swamp. twenty-one miles from
Wetumpka, on the night of October s
1905, when William l.. Mccain, a pop
ular deputy sheriff of Gilmore County
| was foully murdered. Allen Rigby, 81
| years old, his son, Bill Rigby, 23 years
old, Neill Rigby, 10 years old, John
Rigby, II years old, and Jack Short q
son-in-law of Allen Rigby were In
| dicted for murder in the first degree
| accused of causing the death OF Nc
Cain. Several months the defendants
stayed in the Montgomery County Jail
| At the last term of the Gilmore County
Circuit Court. Neill Rigby was convict
ed and sentenced to life Imprisonment
Owing to the fact that Judge w. w.
Pearson, the new Judge of the Circuit
| had been interested in The case. he re-
quested Judge Richardson to come here
and preside over the trial OF the Other
Rigbys and Short.
Deputy Sheriff Mccain was a crimi-
nal catcher, and was popular with the
better element of Elmore County. His
assassination stirred the people as they
udu uCt DSCn StitkCd IA AhAAy yOaA0 Al
terest in the case drew hundreds OF
people to Wetumpka to listen to the
trial Of Bill Rigby, 1t having been sci
for today.
The defendant, who Is q slender
youth looks anything but q criminal
Judge Richardson, however. cautioned
the sheriff to keep q close watch on
him. reminding the sheriff that pris-
oner recently jumped from second
story window of the court house nj
witnesses and the special jurors. Judge
Richardson announced that juries
would be selected today for Bill Rigby
and for John Rigby.. In consequence
the entire day was taken Up In select.
| Ing jurors The John Highly case came
1 to an -abrupr terminatf5u this eyeninz
| when his counsel moved to Quash thu
venire on the srourids that the names
| of regular Jurors had not been includ-
ed In the venire furnished the defend.
ant.
This motion was made aften ten Ju,
rors had been secured. Judge Richard
son promptly sustained the motion
This may mean an indefinite postpone
ment of the, John Rigby trial. Later
in the evening the same motion WA
made as to the venire IN the case OF
Bill Rigby. Judge Richardson, how
ever, held that the motion came toe
late. the jury having been secured and
the case having gone to trial At tie
night session the court went into the
merits OF the Bill Rigby case ana re-
manned in session until late hour.
The Rigsbys and Jack Short are rep.
resented by F. l.. TAFT, of Wetumpka
and J. w. A. Sanford. Jr.. and G. H
Shreve of Montgomery. In prosecut-
ing the cases. Solicitor D. d. Askew. ii
assisted by Judge Terry Richardson OF
Montgomery. and H. R. Golson of We
tumjka.
struggle over Jury.
Securing a jury to dtermine the fate
of young Bill Rigby, tht lawyers, after
a hard struggle continuing throughout
the morning session. made an ever
break. 1t is jury of twelve farmers
Five of them are very young men. an6
seven are middle aged. They are In
the order selected. J. H. Hickman. T.
J. C. Weldon, J. M. Wlngard. ]. w.
Darby, Allen Haynie, J. H. Sanford
Walter Brown and A. e. Bush.
Messrs. Brown and Colquitt appear sc
youthful that they were questioned
closely as to whether they had reached
their majorities. There is immense in.
terest throughout Elmore County ir
the ITldl VI lhcSc CdbCos anu WCtuHlphe
is filled with people.
Horses were tethered all about the
courthouse today and the court room
was full to overlooking when Judge
Richardson went on the bench at 8:3(
O'Clock this morning. Many farmers
have been drawn here by personal in
terest, but a majority of the visitors
have been summoned as witnesses oil
Jurors.
The defendants are to be tried sep
arately. and In each case seventy five
talesmen were summoned. Then there
ia a large number of witnesses, more
witnesses than have been summoned to
wetumpka before in any case. In the
Bill Rigby case alone, the court swore
in f1fty-seven witnesses for the State
and eighty-two witnesses for the de-
PENDANT.
At this, numerous attachments were
issued and bailiff was sent hurryins
across the country eighteen miles to
bring Mrs. Mat Kenny. whose testi-
mony is needed by the defendant. I'm
deniably a bitter resentment Is felt by
these Gilmore County people against the
slayers OF Deputy Sheriff Mccain. They
express this resentment freely and the
sentiment made II something OF a task
to secure a jury for the trial of Bill
Rigby from the seventyfive talesmen,
The venire was nearly exhausted
when the work was completed Six
talesmen swore to physical infirmities
and Ave who had been summoned were
fined $50 each for their absence. Others
were excused for cause.
Defendant Mere Roy.
Throughout the day, Bill Rigby, who
Is TO be tried first, and who the State
says, fred the shot that killed Mr.. Nc
Cain. sat with his counsel. He is a
mere boy. He is % years old but he
does not look It, From long imprison-
ment his beardless face is pallid There
are sig OF the Rigby boys. They have
borne bad regulations since they were
children Three of them, Bill. next to
the Oldest. Neill. and John. with their
father, old man Allen Tigby. and their
sisters husband. Jack Short were in
dicted for murder In the first degree. for
the killing of Mr.. Mccain.
The oldest boy is Jim Rigby. He
was not involved In the trouble. but he
IL a loyal brother. He was by the side
Of Mr.. TAFT today while Juries were be-
Ing selected to weigh on the scales OF
go, NH a =.