The Birmingham age-herald., 1913-07-14
GALLOWS ROT WHILE
WAITING ON VICTIM
Negro Sentenced Six Times
To Hang
IN BIRMINGHAM JAIL
Admission Negro Charged With MUIR
der of j. B. McCIurkin Of OK
ford--History of the Case
in Court
IN BIRMINGHAM JAIL

Admission, July 13-(Speeial)--I is said
that in all the history of Alabama only
one man has ben sentenced on six sena-
rate occasions to hang and lived to face
trial again.
The one man is Erwin Pope, a negro,
now confined in tie Jefferson county Jail
under stay Of execution pending a rehear-
ing of his case before the city court of
Admission or the circuit court for Calhoun
county next October or November. He is
charged with the murder of j. B. McClur-
kin, well known miller and planter Of
Oxford. on the night of April 10. 1909, and
although he has been down into the valley
of the shadow of death six times, Po9e
has never shown the slightest trace of
fear.
A Brutal Crime
The murder of McClurkin was horribly
brutal. He heard noise at his barn, ,.ad
when he rode toward the scene he was
knocked from his horse by some one In
the dark who welded a heavy cudsel.
His head was then buried In the soft dirt
of a nearby patch after being beat into a
jelly with heavy rock
John Body were arrested soon after the
murder. Pope was we'll to do negro,
owning a nice home ana being successful
as farmer. He always paid his debts
and had good reputation generally, bit
the evidence was against him, strength
ened by the allegations of Body, who
turred witness against Pope.
Pope was convicted OF the crime for
the first time in May nf 1909 and the
most interesting feature of the trial was
the testimony of John Body. Body
claimed that he heard the scuffle between
Pope and McClurkn and heard the latter
pleading for mercy in front of his hous.
where the killing occurred. lie said that
he then arose, lighted a candle and wrote
down the words of the victim and the
name of Pope on piece of paper in order
that he might not forget them. When he
was released from Jail he fled from he
county and has not been seen OF heard Of
since
A galows was erected II the rear of the
county jail for the execution of Pope,
and all was ready for his death when a
stay of execution was granted. The case
was affirmed by the 2t,preme court, but
a rehearing vas GRANTED and a new trial
secured. He was convicted again by tho
lower court N April of 1910, the decision
affirmed by Tie supreme court hut again
reversed ami a new hearing ordered.
Was John Body Guilty?
Pope was tried and convicted again in
the spring Of 1911, but the case was then
reversed AMI Iernanded on account of the
admission If testimony which tended 10
exculpate John Pody, believed by MANY
to have been At PARTY to the crime He
was tried foT the fourth lime i'll February
Of this year convicted again on circuin-
stahtial evidence and sentenced to hang
The supremss court reversed the case this
last time, in June, ON account of a ruling.
by Judge Coleman declining to admit the
testimony Of Body, whose testimony is
said tc have been contradictory to the av-
dence on when Pope was convicted.
l. Pope is now 81 years old, and ne Is
showing the effects of the strain and his
long confiner. ent. He retains his iron
erve however, end says he Is ready to
die. He still protests his innocence and
says he SHOULD not be hanged on circuni-
stantial evidence. He has become very re-
igious. and wnen told once that his en-,
was near he said, We'll, then, | can die"
The gallows on which he was to hang had
almost rotted down when the new Jail
was built.