The Forrest City times., 1911-04-07
M'ALLISTER
 TO BE HUNG
For Murder of B. F. Kirby Near His Home on Red Oak Plantation,
 Lee County, Last August.
EXECUTION SET FOR JULY '
MOTION FOR NEW TRIAL 0vERRULED AND NINETY DAYS ALLOWED TO FILE BILL OF EXCEPTIONS EXECUTION TO TAKE
 PLACE AT MARIANA.

The celebrated McAllister case, which occupied all of the time of the second week of the March term of the St. Francis Circuit Court, was brought to a close Saturday afternoon, when the argument in the case was finished, Prosecuting Attorney R. ]. Williams closing for the State in his usual bril- liant style. Judge Hutton addressed the jury, reviewing tue testimony presented on both sides, and instruct ing them that if from that testimony they were convinced that the accused was guilty, they should bring in yer dict of guilty of murder in the first degree. If, on the other hand, they were convinced that defendant was not proven to be guilty, they should bring verdict of not guilty. That according to the testimony he was either guilty of murder in the first degree, as charged in the indictment, or he was not guilty, and should be acquitted. The Judge informed the jury that if they reached decision at reasonable hour during the night, he could be reached by phone at his hotel and he would come to the court room, receive their verdict, and dis charge them. The jury then retired, and about 9:15 sent for the Judge with word that they had agreed upon a verdict. Accordingly the Judge went to the courthouse, and in the presence of the attorneys, court officers and the prisoner, received the verdict of the jury-"We, the jury, find the prisoner guilty as charged in the indictment. ]" There was small crowd present in the courthouse yard, and there was no excitement. The prisoner listened to the reading of the verdict calmly, and with but little sign of emotion.
 A motion for new trial was argued Tuesday before Judge Hutton and the motion was denied. Notice was given that an appeal would be taken to the Supreme Court, and when Judge Hut ton pronounced sentence Wednesday afternoon he announced that attor- neys for the defense had been allowed ninety days in which to file bill of exceptions.
 McAllister was sentenced Wednes. day afternoon, only small crowd be- ing present in the courtroom to listen to the impressive words of the presid- ing Judge as he pronounced the fate ful sentences, setting, as he said, "a limit upon the life of a human being" McAllister stood during Judge Hut tons delivery of the sentence of the court, between two of his attorneys, Messrs. Mann and Morrow, of the firm of Mann, Rollwage & Morrow. In pronouncing sentence, Judge Hutton said:
 Mir. McA lister stand up.
 You were indicted by the jury of Lee county for the crime of murder in the first decree, for killing with a gun, one B. F. Kirby. You went to trial before jury of your own selec- tion under a plea of not guilty. The | jury having heard all of the evidence, instructions Of the law and argument of counsel, retired for the purpose of considering of their verdict: after mature deliberation they returned into court verdict pronouncing you guilty of murder in the first degree. The effect of that verdict with the judgment of the law upon you will place limit upon your life. The penalty for murder is death
 It becomes my duty now to perform one of the most painful duties that belong to the position hold, that is to place limit upon human life, from the law founded in the primitive ages of the world upon which our laws in all civilized countries have been large ly predicated. These laws were written upon tablets of stone telling to gener- ations which existed then and to those to follow: "Thou shall not kill.n
 Therefore, now it is contained in that old law that whosoever sheddeth mans blood, by man shall his blood be shed.
 Under this law on which our own are founded we have the only au- thorty for the taking of human life.
 It would therefore, be without that question of conjecture and doubt, but being based upon this old primi. tive law upon which our own are largely founded. the authority exists and makes it incumbenent upon the court 10 pronounce the judgment. If the verdict be true the crime of which you are charged was most diabolica one. If that be true, at late hour ir tho nNnriror nraoIl ha ,,i, hl ic h ifrl ,u \,