The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-03
TURNER'SFATE
WITH THE Jury
No Verdict Received in
Dadeville.
MANY HEAR TIE SPEECHES
Iallapoosa County People Are
interested Deeply.
v.es IL Recalled rAat Rslatsveysf He.-
ser.el ana rur.sr rssk Fart
In Tragedy TAirty-seven
Years .Age..
MANY HEAR TIE SPEECHES
BY CHARLEs L. HAROLD.

BY CHARLES L. HAROLD.
Dadeville. April 2--tSpeciaL)-The
fate OF Fletcher Turner. member Of the
Legislature for this County, who slew
Jack Henderson. is with Jury. which
up to late hour tonight had not init
mated that q verdict might be expect
ed soon.
The case went to the jury shortly
after the noon hour today and, after
Judge Brewer had delivered an exhaus-
tive charge. As soon as this matter
was disposed of the court took UP 9TH
er cases on the docket
Six hours of forensic oratory had In
terested packed court room In the
closing hours of Turner's trial The
States side had opened with the speech
Of r. b. Barnes. OF opelika. which
was pronounced by careful hearers as
one Of the most forceful and most elo-
quent addresses they had ever heard
go to jury.
This was closing the afternoon ses-
sion of Thursdays court.
At the night session but one speech
was delivered. This came from Colo
mel Thomas l.. Bulger, Of Dadeyille.
Mr.. Barnes had q large and beautiful
audience but at night there seemed to
be an outpouring of Dadeville's very
pride to hear one of their favorite sons
speak for the defendant And they
were not disappointed For solid
hour and a half Colonel Bulger spoke
and held the jury bound with the audi
ence. He was congratulated for the
effort.
Last Day OF Trial. =
Opening the morning session Of the
last day. w. M. Lackey for the defense,
made the final plea for TIE life and
freedom of Fletcher Turner. Mr..
Lackey's staying powsrs--and enter
taining. for that--are well known out
side OF Dadeville. he having seen
prominent service~as member OF the
State Democratic Executive Commit
tee. No more pleasing testimonial
could go to Mr.. Lackey than to know
that during hts deliverRnce the defend
as radiant as while his colleague
spoke. -
And then the prosecution wound up
its case with the sterling address of
Solicitor w. Is bowling. Mr.. Bowling.
onA speciaa masterpiece OF the last
court term. The relatives Of Turner'S
victim at the close Of today's speech
of the solicitor did not believe II. They
thought, when he rose this morning to
the heights OF his denunciation OF the
man who slew Henderson. the solicitor
had not in the past unfolded himself.
Notable condolences cropped out In
this notorious trial. Many who are
IN the habit OF hearing Colonel Bull
ger say that he had an extra incen-
tive in his effective examination of
witnesses and the powerful argument
during this trial because he was de-
Tending more than a client. He was
building wall Of protection around
his colleague lin the House OF Repre-
sentatiyes. Fletcher Turner Is the
Representative OF Tailapoosa County
and SO Is Colonel Buiger.
Old Tragedy Recalled.
But most unique OF all memories
aroused by the trial Is that of the kill
ing OF Henderson's uncle thirty-seyen
years ago by Turner'S uncle. Not I'M
til the coming on of this trial of his
nephew had people recently thought
perhaps completely forgotten It had
not former Solicitor Felix Smith. OF
Rockford. recalled the tragedy. He
could tell almost every Incident OF the
killing. He was representing the
State at the time but he did not get 20
prosecute the elder Turner because he
ned. and has not been heard of since.
But 1t eis a mere coincidence. and
while II was feud that resulted in
the killing of Jack Henderson, by
Fletcher Turner, It was of short dura-
tion-probably not more than u couple
Is
those two years. even II It did not
have its origin In the generation be-
fore.
1t ragged so that lawyers for the
defense used the wrath and what
they called the wantonness Of Hender-
son as the chief argument for their
defense OF Turner. They pictured
Henderson. man OF towering physique.
as mighty dangerous character. They
had him logging the footsteps OF Tur-
ner for two years. They referred TO
previous difficulties. They adopted the
story of the crime of Oct. 10, rs told
by Turner. rather than told by the
numerous State witnesses, and force
fully denied that thu deceased was
shot in the back. They said he was
all the time OF the ARRAY standing
With ais left side towards Turner. This
did not tally exactly with the evil
oehce OF attending physicians, but Col
onel Bulger nevertheless stuck to the
theory that this position or the dead
man In the encounter was reasonable,
because, they argued, he was throw
ing his hand to his right pocket for
the evident purpose OF drawing gun.
They did not prove that Henderson had
a gum on him. They proved only that
a large pocket knife, and II closed,
fell from his pocket as he dropped to
the sidewalk. dying.
But" insisted Colonel Bulger. with
emphasis the ucAGhuaht NaO AoN HoNO
TO know whether Henderson had pik-
toll or not. The law says 1t is SUM-
cient for his defense that he believed
the motion Of the mans hand as IL to
draw pistol means impending danger.
Then he had a right to strike and to
strike to kill"
Henderson, Not Drunk.
On the other hand. the States law"
yers held that Henderson was a kind
of "fussy" character but 1t was moStly
when he was drunk, They insisted
that he was not drunk on the occasion
Of the murder. They also argued for
the doctrine of retreat. They pointed
to recent notifications of the doctrine.
They told OF the large store of Leach
and Pogue's at the back of Turner.
through the open door Of which he
could have retreated IL Henderson was
attacking nina fact. the State al
legged, which was never proved. \
They urged upon the jury that no
matter how the feud between dead and
living men had prospered In the past.
no matter how many difficulties Hen
derson engaged in in the past. regard
less of the ill-feeling between Turner
and Henderson, the very fact that Hen !
derson met his death without shooting
y.