The commercial. (Union City, Tenn.) 190?-193?, 1911-05-26

Motion for a new trial made last weel
by Mr. Pierce. counsel for ]. r.. VII
Ed and Emmett Alexander, was hear,
BY Judge Jones last Friday Afternoon
during the present session Of Circuit
Court. Mr.. Pierce addressed the Cour
on the motion. arguing for a new trial
When be finished Judge Jones reviewed
the points upon which the verdict Of The
jury was challenged, this verdict being
murder in the first degree as to all the
defendants with mitigating circum-
stances. There were in all thirteen
reasons assigned for new trial, and all
these were disaIlowed excepting the iirsi
two as they related to joni r.
/ Judge Jones then reviewed the case,
saying that there was a picnic one mile
west Of Limbs on the 9th day Of August,
1910, and sometime during the day a
very large crap game was in progress.
Engaged in the game was young man
named Walter Simmons. The Alex
anders. John r., his son, Emmett, and
his brother, Will Ed, we're looking for
friend named staley staley was
found playing in the crap game with
Simmons and Simmons had won 81 so
Of Staley's money staley made some
remark to the effect that he did not
want to leave the money, whereupon
Simmons remarked to the Alexanders,
What have you big 49, -
got to do with it. This led to
a cross fire of words, something being
said between Will Ed and Emmett about
an automatic. Then Simmons spoke
about going after pistol and left the
game. He did not go far, but mount
ed horse and rode back towards the
grounds. Thd Alexanders had stopped
at surrey on the grounds near by and,
seeing Simmons riding up, John r.
went up to him and took hold Of the
bride reins. Simmons wheeled his
horse and John r. fell. In the mean
time Emmett approached and assaulted
Simmons with knife. VIII Ed was
close by and told Emmett to stab him
hard Emmett stabbed him again and
Simmons fell to the ground. After the
wounded man had fallen Will Ed took
hold Of his head and churned it against
the ground, claiming that Simmons was
sulling. John r. was still close by,
and, whether or not he was guilty Of
conspiracy, it was not shown, but he
took no active part in the killing. After
Simmons was killed he told the crowd
to stand back in order perhaps to pro-
tect his son, Emmett. Friends Of the
wounded man came and took him to
buggy and started home, and Simmons
expired on the way. It was shown that
witnesses saw no pistol on the body and |
none was seen during the killing. Wit
nesses testified that he had no pistol
when he was killed None was found.
But one man swore that Simmons had
j pistol, and that man said he saw Sim
mons take pistol from his bosom and
put it in his hip pocket after he left the
rap game. This testimony was intro
luced at the last trial only. This wit
less was not seen at the picnic by any
me Of the large body Of witnesses who
we're present, and Judge Jones concIud-
d that the witness was corrupted.
Judge Jones disallowed every reason /,
ssigned for a new trial as to Emmett !,
nd Will Ed, and continued by saying {
hat he would not consider mitigating !
as to these two. 1t
The Judge, however, claimed that the {
violence did not show John r. guilty
I conspiracy and that John r. COM !
nitted no overt act in the killing. He Z
bought therefore that John r, was en- /
tiled to bail and ordered his bond to be {
xed at SO, 900, citing him to appear at i
he next term of court.
Judge Jones then called Emmett to
land up and pronounced the sentence :
I death upon him Will Ed was called
} stand and he too was sentenced to- H
ang, the execution to take place at the i
tate prison on Friday, July IA, 1911.
Emmett showed very little emotion, :
ut Will Ed broke down in the court
pom. The two we're taken to Jail.
ounsel appealed to the Supreme Court