The Nashville globe. [volume] (Nashville, Tenn.) 1906-193?, 1913-12-12
MURDER In SECOND DEGREE YER
DICT AGAINST PHILISTA WOMACK
WOMAN WHO SHOT ]. FRANK BATTLE GIV-
En- TEN TO TWENTY YEARS SENTENCE.
Case Stubbornly Fought Out in Grim
inal Court-CounseI For Defen-
dant Handled Matter in Master
full Way-Lawyer Rhines and
Judge Cherry Make Game
Stand-Great Crowds Wit
The Trial.

Murder in the second degree, which
carries with it a sentence of from ten
to twenty years, was the verdict of
the jury in the Philista Womack
case, which was brought to a close in
the criminal court last Saturday af
ternOon. Miss WOmack shot ]. Frank
Battle in The Palms, at the corner If
Cedar street and Fifth avenue, on the
18th Of last March. The two had been
friends for several years, and it was
claimed by the defendant in her te;-
timony that it was due to this friend
ship, and the fact that Battle mar
ried another woman, that caused her
to become enraged and to feel that
she had been wrongfully treated She
said when she went to the Palms she
had no intention of doing Battle any
harm; that she was going TO return
to him pistol, some pictures and
9th + things that he had given her;
but that when she stepped in the door
Of the Palms she lost control of her
self and shot him. She says that she
does not remember firing the first two
shots, but she does remember the
third. She said she was sorry and
had been ever since she committed the
deed. She said she loved Battle and
had given him money from time to
time. That their friendship started
when she was attending Pearl High
School, and that their intimate rela-
lions were begun about two years
thereafter. She refuted the charge Of
the state that she was a common WON
an of the street, and insisted that she
| had not planned to kill Battle, that
she did not lay in wait across the
street in front of The Palms, but that
after she reached the city from her
home on Hamilton street she went di-
rect to The Palms, but did not go in
the first time, instead thereof, she
went to a picture show few doors
below, where she remained only a few
minutes. From there she went back
to The Palms, crossing the street a
few yards below the corner of Fifth
avenue and Cedar street, going up ON
the south side of Cedar to the cross.
ing, when she Immediately crossed
over and went in The Palms and shot
Battle to death.
The state introduced witnesses who
had made contrary testimony to that
given by the defendant, which testi.
mony was to the effect that PhiliSta
Womack waited on the steps of the
Catholic Cathedral, where she could
look into the door of The Palms and
pick an opportunity to slay Battle
! 1t was testified that she stood there
for over an hour, and when persons
would pass she would turn her back
to them. The state further endeavor.
ed to show that before coming to town
the defendants mind was in a state
of excitement and that she was eli.
ragged. To prove that the relations be.
tween ]. Frank Battle and Philista
Womack were broken off at least
twelve months before the tragedy, q
letter written by her to Battle was
produced and acknowledged by the
defendant In this letter she begged
Battle to make up with her and to
be friends; saying to him, "If you re-
fuse my request, God only knows
what the consequences will be-" The
state also produced a check from
Battle to Philista Womack which
read, payment in full for all claims
due" This the state insisted showed
that all the money that Battle had
received frorJ the woman had been
paid.
Miss Womack, however, said when
cha rnnniUnJ tbp nbnoly
ing payment in full for all claims
due" was not on it. There was no
attempt made by the state to prove
to the contrary, the face of the check
being accepted as their proof. The
jury deliberated on the case n little
more than one hour, when they
brought in the verdict above mon
toned. The defendant was represent
ed by Lawyer J. p. Rhines and Judge
w. c. Cherry; Attorney General An
derson was assisted by Mr.. Guild
Smith. A motion was entered for u
new trial, which will be argued in the
criminal court room tomorrow morn
ing.
large crowd was present at the
trial from beginning TO end, and tie
deepest interest was manifested. Mrs.
Emma Battle, mother of ]. Frank Bat
tie, and his young wife were the
prosecutors in the case. ]. Frank
Battle was one of the leading young
men in the citv He came here from
CHATTANOOGA when quite lad, and FOR
a few years was connected with the
Nat!on7l Baptist Publishing House.
Not being satisfied with such employ
ment he branched out in business for
himself when quite young man, he
ing engaged in various concerns, f.
nally giving up all of them and de.
voting his entire time to The Palms,
an ice cream and confectionery stand.
He was very popular and was con
sidered shrewd business man. He
was a brother of ]. o. Battle, the late
editor of the Nashville Globe, and at
Continued on page 81