Times-promoter., 1909-07-08
NIGHT RIDERS
GIVEN new TRIAL
JUSTICES SHIELDS AND MoAL-
lister DISSENT.
Majority Of Supreme Court Holds
That Judge Jones Erred in
Drawing Grand Jury.


Jackson, Tenn.--The supreme court
Saturday received the verdict of the
eight Obion county night riders and re
manded the case to the circuit court Of
0bion county for rehearing. Six OF tlls
prisoners wer, sentenced to be hanged,
and two to twenty years in the State
penitentiary.
Judges Beard, Bell and Craft agreed on
the opinion, and Judges Shields and Nc
Alester dissented.
A moment before court opened Gen.
Caldwell, who prosecuted the night rid
ers, talked of the consequences of re-
yersal.
There was nothing complex in the case,
he said, and he thought the verdict
would be affirmed.
With thirty-two night riders in jail
awaiting the next term of court and
twenty others out on bail, the opinion
was fraught with more consequences
than the saving Of six necks.
What he would do in case of a re-
versal was mystery. All his plans had
been made on the strength of the convic-
ton, "and don't know any more what /
will do than YOU" he said.
At that moment the prisoners ap-
peared at the door, leading from the con-
sultation room which was used because of
the congested condition of the other pas
sage.
Few people scanning them as whole
noted the absence of one, but the quick
eye of Caldwell observed it in an instant,
and he said:
arthur Cloar is sick and not there.
They are going to reverse this case, and
| if they do it's all over. don't believe
we can ever get another jury to try
/ them. This case means more to me than
to any living man."
And to the observer he was more in
tent on the verdict being affirmed than
the prisoners were on securing reversal
/ Just at this moment the aged mother
and youthful wife of Sam Applewhite,
who were seated near the prisoners dock,
saw him, and the good old mother folded
her son to her arms and wept awhile on
his shoulder. Finally she was composed
and led away, and then the wife re-enact.
4 ed the scene with as much feeling.
| All through the trial the mother gave
no expression Of hope, and when Gen.
Caldwell put his head on his hands she
showed signs of elation.
4 The opinion was read through a still
ness in which the clear voice of Judge
Craft was heard distinctly in every part
of the room. Hundreds bent forward to
catch every syllable, and the atmosphere
was tense with suppressed excitement.
The defendants people, with the excep-
ton of Applewhite's, were not present,
but the curious crowd appeared in sym
pathy with the convicted men.
/ When Judge Craft had finished it was
necessary to suspend court until the ex,
citement could subside.
The confusion was in the crowd, for
the prisoners gave no outward sign OF
the inward JOY they must have felt.
The mother at least was expected to
make some demonstration, but she fol-
lowed the prisoners to the consultation
room, sad and silently, and ten minutes
later she summoned courage to ask your
correspondent: well, what did they
do?" When told she uttered "Thank
COD devoutly several times, and fol.
lowed the procession to the Jail.
On the outside of the room the men
. were cheerful, and protested that they
! knew it all the time, and all reports from
the Jail affirm their statement.
They have never lost hope, and while
, the scene was trying in the extreme
, never muscle of their faces quiyered
, There is small reason to doubt that
} they would have received an adverse de
cision in the same manner,
Only once they spoke. Garret johnson
and Burton passed a word, but without
any display Of feeling.
The men have changed. The prison pal
or is ON them, and they have dwindled in
flesh. Confinement has itself been ter
rible punishment for men who lived close
to nature and are now shut off from the
sunlight.