The Montgomery advertiser., 1908-06-02
HOWARD IS ON TRIAL
SLATER OF BAGLEY FIGHTS FOR
 CONTINUANCE,
Covfngton County Case Has Developed surprising Interest and Defend- ant Claims He Cannot Get
 Fair Trial.

tls Eatr THAI.
 Andalusia, June i.--(Special.) )--The case of the State against J. Finley Howard charged with the murder of George W. Bagley. was called this morning.
 The court room was crowded with special jurors. witnesses and curious spectators who had assembled from all sections of the county to witness the trial. No case In this county has ever attracted more interest among the clt- izens generally; none has ever brought out a greater attendance of the people Of the town than was in attendance upon today's session of the Covington County Circuit Court.
 Both Howard and the deceased lived in Andaiusia at the time of the trag- cry last year. Bagley. was born and reared In this community. Howard. while he had resided here only few years, had held very important and prominent position with a local bank, was modest. sober, quiet and unassum- ing. attended strictly to his own busi- ness, and had quite a large circle of able and influential friends. The de- ceased was we'll known from one end of the County to the other and was re- lated to many of the most prominent families of this section of the State.
 The case was originally set for trial Thursday of last week, At the No- vember term of Circuit Court appliea- ton had been made for a change of venue. Many of the leading citizens of the County had signed written afii- davlts to the effect that they dld not believe the defendant could secure a fair and impartial trial In this County. owing to the state of public sentiment. Many men of all parts of the County had signed counter affidavits. This showing was presented to the court at the November session, but the applica- tion was denied and the case continued to the present term.
 Thursday when the case was called the application for change of venue was renewed. Many more affidavits had been secured by both the State and | the defense These affidavits were pre- | sented, together with oral testimony In | open court. Quite number of the best | citizens of the County testified orally l that they believed that owing to the infiamed condition of the public mind l the defendant could not get fair and ! impartial trial under the system of l drawing jurIes. Others testified for the l State that they believed he could get 2 | fair trial.
 Counsel for the defense frequently | asked State witnesses who testified on | the change of venue hearing whether
 they believed that jury could be ob- l tained that would acquit the defend l ant. The answer invariably was to the effect that they thought so if the
 evidence In the case was sufficient to | warrant an acquittal.
 The hearing on the matter of chang | ing the place of trial was closed Thurs day afternoon. the presiding Judge re- | serving decision till Friday morning l when the application was again denied
 < Friday morning it developed that
 nearly alf of the material witnesses for 1 the defendant were absent--sone in | Birmingham. some in Macon County | some in Florida. On this showing the | defense asked for a continuance. Most | of the witnesses absent had not been l subpoenaed, and the State agreed to l admit the testimony of the witnessed
 who testified at. the preliminary hear l ing.
 1 The court then announced that the case would not be continued for ths I term. but that 1t would be passed ovei lowing the defendant time to get hi,
 witnesses here.
 This morning the case was called foI | trial It again developed that only two
 of the defendants witnesses were pres
 ent. The defense again asked for .
 continuance which was again refused The court permitted the defense tt
 make a showing for absent witnessed
 that had been subpoenaed and cour
 adjourned till afternoon in order thai
 counsel might have time to make ou
 the showinEs,
 1-zs One thing that has attracted as mucf II Interest in the case as any other Is th'
 fact that certain features connectet
 with the case were injected into thi
 recent Democratic primary in thi County. Some of the candidates for of
 ice had signed the petition for chang
 of venue at the last fall term of cour,
 This fact became known and was use'
 effectively against the candidates, tn : result being that every candidate wh'
 had signed the petition was defeate,
 by a very decisive majority. Negro Sentenced to Death. i. Andalusia, June l.--(Special. l--Fo the second time in the history of Gov
 ington County a negro was sentences Saturday in the Circuit Court to b hanged on July IS.
 The negro is waliace Fabin, alia ! Garfield BevIns. and the murder fo which he is to pay the death penalt. occurred in the lower part of tht
 County last winter.
 [ The man killed was B. W. Mcleod , a white man, and the circumstances o
 the killing were most horrible. Tn i; deceased and the negro were on thel
 way from town on a wagon, Mcleod Il
 the front part and the negro in tn rear. Without any apparent caus i whatever the negro picked up pal ] of shop tongs and struck Mcleod o , the head. knocking him out of tn wagon. The negro then jumped ou and continued to beat Mcleod on tn
 head until his brains were running ou
 at several places.
 , The negro lied. A posse was organ ized. but before they could effect cap
 ture the negro came to town and gay
 up stating that he feared mob violenct Excitement was intense for awhile
 but the negro was taken to Montgom
 cry for safe keeping and was no , brought back for trial till this term c } the court,