The Montgomery advertiser., 1909-05-19
NEW TRIAL FOR
A LAWMAKER
Fletcher Turner'S Case
Reversed.
BE KILLED JACK HENDERSON
Negro's Testimony Should Have
Been Admitted.
We.s Montgomery of Lawrence County
Also Gets New TriaI---other
supreme Court Discussions
Handed Out Yesterday.

The Supreme Court Of Alabama yes
tcrday in three of four cases decided,
reversed the judgments Of lower
courts. giving new trials to men who
had been convicted, and among them
Was that of J. Fletcher Turner, the
member OF the Legislature from Tai
lapoosa County, who last fall shot and
killed Jack Henderson at Dadeville. 1t
was distinctly a day Of reversals and
new TRIALS with the nigh tribunal.
II Is technically certain that Repre-
SentaJIve Turner, now with the at
tAiider Of conviction removed, Will be
competent TO serve at the extra ses-
Sion OF the Legislature this summer.
IL was not believed tnat, had his con-
saction stood, he would nave been
competent to serve.
but there Is seemingly no doubt of
S.khe fact at this time that this sum-
nler, under bond, Representative Tur-
Uer may come to Montgomery for the
special event of the Governors, and
having finished here, will return to
D4devflle for another trial next fall.
And on the second trial, Wash Nor
gan, one Of Turner'S star witnesses,
though a negro, will be permitted to
narrate his romantic story, which the
court frst withheld from the jury .
This refusal of Morgan's testimony,
constituted the sole error of reversal,
though some of the justices In the
minority, dissented to the extent of
making a reversible error of ons Of
the special charges requested by the
defendant but which Judge s.. l..
Brewer refused to deliver.
Morgan was negro who stood be-
fore the entrance of a show house in
Dadeville Saturday night befoRs. the
Monday OF the shooting. Hef was APP
preached by Jack Henderson and asked
II he had been into see tho enter
tainment, and on his replying IN the
negative, Henderson. according -
Morgan, asked him to go In and re-
port IL Turner was present. at the
same time buying him Il .kst. The
ticket was offered in evidence but all
this was ruled out by the prosii;nE
Judge.
The Court Erred.
In an elaborate opinion by Justice
benson II Is held that the court erred
in keeping such testimony from the
jury. 1t was contended that ii should
have gone to the jurors as lending to
throw ught on the probabio aggressor
In the difficulty. which resulted In the
killing.
1T was competent for the Jury" said
Justice benson, III testimony rad Dedp
admitted TO say what weight 1t should
have In determining the Intensity of
the deceased's feelings towards the
defendant and his anxiety 10 meet
him, and in connection with the de-
PENDANTS testimony, 1t would nave
been competent to be considered by
the jury IN determining who was prob
ably the aggressor and whether or not
The accused at the time Of the killing
was in apparent danger to life or of
other grfevous bodily HARM"
Because request of his counsel for
q special charge to the jury In his
trial, WEISS Montgomery. who slew
Dave Pruitt at the home of his son,
Hubert Montgomery, August %. 1905
In Lawrence county, the man will get
a new trial and thus his sentence of
thirteen years Is avoided.
Andrew Gray, who was convicted