The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-01-08
Sentence of Death Is
Expected.
NEW TRIAL TO BE
DENIED BY TIE COURT
Sick Juror Revived to Sign the
Verdict.
SIX Of the prisoners are Found Guilty
In the First Degree and the :.
Punishment of Two II Fixed
At Twenty Years.

Union City, Tenn, Jan. with a
verdict of guilty in varying degree.
the jury in the night-rider trials re-
ported at s:45 p. m. tonight.
The twelve men found Garrett John
son. Tod Burton, Boy Ransom, Fred
Pinion. Arthur Cloar and Sam Apple-
white. guilty of murder in the first
degree. with mitigating circumstances.
and Bud Morris and Bob HUFFMAN. the
other defendants. guilty OF murder In
the second degree and fixed their pun
ishment at twenty years in the pen.
The punishment of the six first defend
ants was left to the court, and may
be death or life imprisonment. The
defense fled q motion for a new trial,
which was set for hearing Saturday,
and which will be overruled, as indi-
Gated by the court, when sentence will
be pronounced.
The court will sentence the six first
named defendants to death.
The jury had been out since p. M.
but because OF the illness of Juror
Rosson, had not been able to consult
until D. m. There was a difference
of opinion among the jurors as to the
degree of guilt of the defendants. but
an agreement was reached quickly.
Jurors C0nditiOn serious.
Court was convened at p. m, and
the jury sent word that 1T would be
able to report shortly. The room was
TlaI q sa~fsa fhsa
ment. The minutes passed. and at
S:I5 D. m the bailiff called for the
county physician. Juror Rosson was
In a state of collapse and needed at
tention. 1t wac half an hour before
Rosson was revived. The jury filed in
and six deputies were summoned to
carry in the bed. upon which the sick
Juror reclined. The foreman announced
the verdict. the defense called for a
poll, which was plade, and the Judge
dismissed the Jui6rs. Rosson's coidi-
ton Is such that It was deemed mad
Tisable to move him tonight.
The defense demanded until Monday
to move for new trial. but the State
opposed II, and the court ixed Satur-
day as the day, intimating that the
motion was a mere form anyway,
which would be oyerruled
r The defendants took the verdict with
calmness as they had been expecting
1t since the closing of the arguments.
Attorney Pierce turned to them when
it was announced and said: I'VE will
tear this cases to pieces In the Su-
preme Court"
The state Disappointed.
The State expected verdict OF first
degree murder in all eight cases and
was visibly disappointed. Bob HUFF
man, one of the men to escape with
twenty years, is the man who, accord
ing to the confession of Frank Feb
ringer. fi-ed the shot which killed
Captain Rankin, as he was being
drawn up by the rope.
When the jury's readiness to report
was announced. the military quietly
surrounded the court house and a de-
tail OF soldiers. with revolver holsters
open, was deployed around the walls
of the court room, but aside from a
whispered buzz of conversation, there
was no demonstra ton. The prisoners
were quickly hand-cuffed and under
military escort taken to prison. The
verdict Is considered a compromise
one and no trouble is feared by the au-
thorities.
ROsson Very III.
sudden change for the worse in the
condition of Juror Rosson, very nearly
terminated the night rider trials this
morning. The strain of listening to the
temperature to los last night. He was
unable to sit up this morning. He was
made comfortable In a small witness
room just off the court.
BY agreement of counsel and consent
of the court, the jury, the eight defend
ants, counsel in the case and the Judge
crowded into this small room and the
case was resumed. The court sug-
gested to the lawyers the advisability
Anf.
brief period of time as possible. Both
sides agreed to adopt the suggestion.
Instead of the flood of declamatory
and noisy oratory which marked yes
terdays proceedings. Attorney Pierce
spoke in a very subdued and converse
tional tone.
Mr.. Pierce concluded, under admon-
itions of the court to hasten. at 10:45
o'clock, and Attorney General Caldwell
at once began summing up for the
State. The young commonwealth
counsel Is a forceful and rapid speaker
and he wasted no time upon prelimin-
aries, but plunged at once into a discus
sion of the evidence. He traced the or
9anization OF the band, told how II
grew, how 1t operated. and how its
elimination came in the assassination
of Captain Rankin.
As he described dramatically. the de-
tails of that midnight murder in the
depths of the forest on the banks OF
the lake. the dead mans widow sobbed
convulsively in her sisters arms her
low means broken now and then by the
laughter of a baby. the child of Bob
Thurman, one of the defendants, which
sat playing upon its mothers lap with
in a few feet OF Mrs. Rankin.
The court room was packed to the
doors. about half of the throng being
women. Those from the town of Union
city. fashionably attired, sat together
while the women OF the lake in ging-
hams and maniias. shrank away to
themselves in distant part of the
room. The men spectators. too, seemed
equally divided. From Reelfoot. despite
the snow and bitter zero weather
came the men Of the clans. They
gathered to themselves in the rear
scowling and morose. After Mr.. Pierce
had concluded for the defense. they lost
interest In the case and while Attorney