The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-04-27
'RIGBY'S FATE
UP TO Jury
Expects Nothing More
Than Life.
SAYS HE SLEW MCCAIN
Claims He Killed Deputy in Self
2 defense.
Case Went To Twelve Elmore Farmers
VINO Are Trying Him Early In
Nighttime Verdict
BY BRUCE Kennedy.

BY BRUCE KENNEDY.
| w etumpka, April 26-(Special)-s
! Whether BILL Rigby will be handged or
win serve a life time in the peniten-
1 tiary for killing William l. Mccain, on
| the night of October 6, is to be determ-
ined by twelve farmers of Elmore
County. jury which late tonight is
stiii behind closed doors. discussing the
law and evidence.
Bill Rigby does not expect lesser pun
ishment than life Imprisonment because
he told the Jury that he. and he alone,
shot Mccain. and that he shot to kill.
His unsupported evidence was that he
shot Mccain in self defense. but the
State brought forward eighteen of the
best citizens of Gilmore County to swear
that Bill Rigby was a bad man. A num-
Der of them swore that they would not
believe the boy on oath. Those wit
nesses included all county officials. The
\ lawyers for Bill Rigby contented them
selves, after this new phase of the case
had been presented. with appealing to
the jury not to hang him. The case
went to the jury at 6 o'clock this eve-
| ming. The Jury was out until II o'clock.
/ when Judge Richardson directed that
they be allowed to sleep in the sample
room of the Hotel Lancaster in charge
| of baiiifr.
| Judge Richardson tonight sustained
| motions to quash the venires drawn for
Allen Rigby and Jack Sho on account
| of clerical errors Their cases were
continued until the next term OF court.
| The case of Arthur Gum, negro
charged with assault to murder. will
be triod tomorrow. Gum is the negro
who shot two negroes on the streets of
| wetumpka six months ago
! Judge Richardson will go to his home
In Greenvilie Sunday morning, and
| Judge Pearson of Montgomery, will re-
turn here to preside over the second
/ week OF the Circuit Court
Didn't Seek AIibi-
/ Bill Rigby did not seek to establish
an aIibi. HIS defense was thatshe shot
/ and killed Mccain to save his own life.
| and that his father and brothers Neif1
and John had nothing whatever to do
with the crime
This was Bill Rigsby's day In court
- tfa defendant himself was his
4 cssfsf witness seven OF these witness
es on which young Rigby and hts law
ers rest their hope went on the stand,
but interest today conferred In the tes-
timony of Bill Rigby
| The State has commended that goaded
by Mccain arresting his sons, old man
Allen Rigby called his boys about him
and told them that Mccain must die.
That he told them Mccain was then
in Greifs negro quarters a mile away.
Counsel for the State quoted old man
| Rigby as directing Bill Rigby and
| Jack Short to ambush Mccain on one
road and John and Neill Rigby on an
other so that he would not have an
avenue of escape.
The States theory is that Mccain
took the road on which Bill Rigby
and Jack Short stood behind a fence
awaiting to put the deputy to death,
and that Bill Rigby shot without CIV
ing Mccain chance. On this present
ment the four Rigbys and Short were
indicted for murder In the first de-
gree. 1t is not disputed that Bill Rig
by had escaped from the Wetumpka
jail. where he was awaiting trial for
shooting George Sanford, and that a
warrant TO- the arrest OF Bill Rigby
was found on the dead body of Deputy
Mccain.
Reward for Bill Rigby.
Former Sheriff Robbins swore that
he had promised to pay Mccain $50 to
capture Bill Rigby and return him to
jail With faltcring speech and nerv-
Gus eyes this picturesque young far
mer boy of Elmore County sat in tho
! witness chair a full hour today and
| within hearing of hundreds of people
who crowded into the court room told
how he slew William Mccain that Oc-
tober night in the edge OF Tomka-
hatchee swamp.
| 1
home about or o'clock and went to
Mrs. Kenny's. Then 1 went to Jack
Shorts He had some whiskey. We
drank 1t up and wanted some more.
Short said Ed Sparks. a negro.
owed him some money and il ne
couldn't get it we would go to Paulk's
store and get some cider We went
down to the gambling house at Greirs
quarters l cracked the door and saw
gambling going on. Mccain was watch
ing the game.
Mccain told the negroes he would
go down to little Abe Towards and
get some whiskey I said to Short,
Let's go away, as I am afraid Mel
Cain will see me and shoot me. The
last time he arrested me he told me the
next time he would kill me-
We went down the road and into a
cotton patch. We saw a man coming
down the road. When he got close to
US I saw it was Bill Mccain He
called Amt that you. Bill Rigbyr l
didn't say anything He said. Now.
I've got you. and | am going to kill
YOU throwing his right hand to his
outside top coat pocket, where his
pistol was found.
Shot and Ran.
Then l shot him with a single bar
rel shotgun and ran. l shot one time
| This was about II o'clock at night I"
this Mccain had arrested him. He
slipped up on me-" testified Rigby, land
drew a breech loading gun. saying.
Throw up your hands you - l
put up my hands and he stood there
and cussed me. He said he had not
come over there to arrest me, but
to kill me. He told me II he ever had
TO arrest me again he'd XIII me.
Neither my father, John nor Neill
was with me the night l killed Nc
Cain" Cross examined by Mr. Rich
ardson. Rigby said he met Mccain face
to face in the road and illustrated the
positions of the two men. Mr. Rich
ardson being used to take the place
of Mccain. Mr.. Richardson endenv
ored to show the jury that Mccain
could not have been shot under the
right arm II he had thrown hts arm
horizontally for his pistol in his top
coat pocket. The theory OF the State
is that Mccain raised his right arm
| perpendicularly and cried Don't shoot.
when the hot lead was fred into his
i NoAv directly under that arm. Stinf