The Montgomery advertiser., 1908-10-11
CULPEPPER
 IS ON TRIAL Accused of Killing Little Girl. SAM BAILEY IS GUILTY
 -----o--- 0pelika Man Up for Life for Aliens
 Death. Phenix City Tragedy Is Recited in Court ROom--Mr. and Mrs. Haden Charge Nephew
 With Crime.
ny rRANK P. GLASS. JR.

Onelika. Oct. 0.--(Special0 0--Attor- nevs for the State are drawing tight net of circumstantial evidence aoout finland Culpepper. charged with tne murder of his cousin, Mary E. haueh, the 9-year-old daughter or VT anu . The testimony taken this morning and this afternoon was entirely states evidence; the defense contending itsen with cross examination The solicitor and his assistants made good use or the first days sessions. and by night fall had presented most Of tnelr inl- portant witnesses.
 The father of the little girl was nrst upon the stand, and gave testimony as to fine shooting of last September. Tharp Prickett, the militiaman or the 2nd regiment, Alabama National Guard. testified to lending his company rihe to finland CuIpepper. and its dtscov- cry after the shooting.
 It was not expected that the intro duction of so much of the states evi- dence would take place at today's ses- sion. but in view of the fact that ,Judee Barnett is doing his utmost to have the case reach the jury at the earliest possible moment. the State pressed it's case to the utmost.
 If will be remembered that little Mary Haden was killed at her fathers house on the night of Sept. r, the bull let evidently aimed at the father, sit- ting by the post on the back porch of his residence near Phenix City; just missed its mark, killing his daughter as she crossed the hallway.
 Circumstantial evidence pointed to the Culpeppers father and son, broth er-in-law and nephew. respectively, of MT. Haden, and their arrest and subse- quent indictment followed.
 Sam Bailey Guilty.
 While the jury has been selected for several days, the trial of the Sam Bailey case occupied the attention of the court The jury returned it's ver- dict of guilty this morning shortly after II o'clock. and just after certain motions in the Culpepper case had been ruled upon by Judge Barnett.
 When it was announced that the jury in the Bailey case were ready to make it's report. Judge Barnett said that absolute quiet must be maintained in the courtroom during the reading of the verdict. and that after such reading there should be no demOnstra. ton whatever. This order was due to the fact that an exceedingly large number of people were present yes terday to hear the arguments in the case.
 Foreman Alex NJ. Harris delivered the verdict of the jury to the Clerk of the Court, which upon. being reaC occasioned surprise. The verdict oi guilty of murder in the first degre, was returned and the penalty of If, imprisonment being fixed. Immediate ly after the poll of the jury was de manded, General Harrison. counsel fol | the defense. gave notice of an appeal
 Sam Bailey shot and killed Lee Al len here last month.
 Attorneys for the defense. at tn, | opening of the Culpepper case, tried t l have the charge dismissed on th grounds that the indictment was foun, | after the grand jury had been ad iourned. This motion being overruie, | by fine court, a postpOnement was trie bv moving that a new jury be draw in light of the fact that the jury wa present during the hearing of the Bal
 ley case. This motion the court als | oyerruIed. and the taking of evidenc
 By agreement a severance of tn cases against the father and son wa