The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1910-10-04
APPEAL TO Be TAKEN
FROM DEATH VERDICT
JURY SAYS PELLMAN MUST DIE
AT END or SENSATIONAL
CASE.

his penalty az death Judge aIker i'm.
medidtely sentenced him TO die on
FRIDAY, December 10th As the death
chair IL now being Installed In the
penitentiary at Eddyville, and as un.
der the act Of the last legislature cleo.
trocution will hereafter be substituted
for hanging infliction OF capitol nun.
ishment. he will be put to death by
that means
Attorneys for Pellman stated they
will Immediately tile motions and
grounds for an appeal from the judg.
ment from the Lincoln court, and ~
they DO. II will be considerably later
than Dee rs before Pellman pays the
penalty Tor his crime. II the higher
court afiirins his sentence. Grounds
relied on by the attorneys Tor defense
for a reversal will be that continu.
ance was not granted. In order that
they might have had time TO prepare
proper defense and refusal OF the
court to grant a change OF venue.
Immediately alter the report OF the
lury and formal sentencing of the pris.
oner by the court. he Was taken to
Lexington to be- kept IN Jail urtn hia
time OF his execution shall arrive. De
putty Sheriff W. ). Embry accompani.
cd by two OF the State guardsmen
drove to Danyille. and caught the ear
~ afternoon C. A &. train for Lexing-
ton Pellman was shackled hand and
foot 10 prevent any possibility Of es-
cape and the militiamen carried load
ed rifles In the rig with them.
Immediately after the departure of
penman, the Somerset company OF
soldiers made reparation TO break
oamp and departed on the 2iO train
for home saturday.
There was a large crowd In town
attending the scenes OF this sensation
al case, but IL was very quiet aud
orderly crowd. and there was no sign
on anv disorder. Lee Rankin. father
of the little girl. and his brothers. and
relatives are among the most substan-
tial and foremost farmers OF the coun-
~ and their course during the trying
ordeal was the subject for the most
favorable comment on every side com
nencing from the time when the
NessrS tiankin themselves arrested
the culprit aud turned aim over 10 the
Officers. till he was sentenced ana
taken away They proved themselves
law.ahiding citizens. with the highest
respect Tor the Law and its enforce
n,ent from first to last and set an en-
annie. which is well worthy OF emu
lation.
Owing 10 TIE impossibility Of secur'
Ing twelve Lincoln county men who
had not formed or expressed an opln'
ion concerning the case II was heoes
sAry TO 80 10 Boyle county Deputy
sheriff W. = Embry rode nearly All
OF Thursday night summonine men
from the PerryNills section. he Sc
cured - and 20 OF them we're examlh
ca before the panel was Tiled ana
accepted by both prosecution and De
ense. The members OF the jury were
Taylor Grain. X. ". White. ID. II
PreWitt. W. T.. Penny. W. d Arnold
= sharp, Vim. Foster, J. A. Carpen
Ter. NJ r. Gibson. \. n. Coconaugher
O. NJ. Drewry and ID. l.. Owens
The defense sought TO have the EN-
nannelling OF the jury set aside OF
the srounds that three OF the mem
h.rs were said to have expressed thell
oninion that the defendant was gun
a. lint this motion was overruled DS
,he court. and the trial proceeded.
rhe commonwealth placed the httl'
panI,r sirl ON the stand, and she tolc
her nitiful tale, in her childlike way
ana her recital OF the brutality OF th'
negro oeast brought tears To the eye
of many OF the iurymen ana spec
tators She said that Pellman nae
threatened 10 kill her II she told oil
him. Her mother told OF the dlscoN
cry Q. the ehild's plight and the pny
sicians also corrOborated her as 10 th'
little ones condition.
The negro was placed on the stah'
nv his attorneys. X. Il. Tomlinson am
n :. owsley and denled In the cha'
ses of the little girl. lie was greatll
confused In cross-examination' now
ever. and unable to account for nun
her of details OF the accusation
against him. an
Only two speeches were maui. on
by MIR. Tomlinson for the prisoner an u
by Mr. Hardin. tor the prosecutor
The former made the best eAp'ahauo
and plea possible for very oao eas'
Few sterner arrangements OF GRIM
mai than that delivered by MT harui
have ever been heard In Lincoi
county courthouse
He demanded that but one penait
could even partially atone loI SUN
heinous offense the life OF the pri'
and urged that II be speed''
forfeit
The case was given to the Jury lat
Friday afternoon, and for an hour IN
.inry considered Il that night Az
O'Clock, Judge Walker adjourned ,nel
upon their statement that they Deiie'
"a verdict could be reached Satu
day morning. Court convened aga
then al 5 o'clock. the Jury denoera,e
for two more hours before Drlhsin
in their verdict. II was said tha' ou
Of the iurymen held out for some 'I nu
for a life Imprisonment sentence, ~
Was finally convinced by ms cone
CUES that nothing short OF .he ues'
penalty was met for sueh an avn
crime as the prisoner had been prove