The Birmingham age-herald., 1914-06-07
Lively Vandiver Given Ten Years for Killing of
 Houston Here
BOTH JURIES TOOK
 LONG CELEBRATION
Carpenter Shot J. T. Camp Last Oc- tober and Was Later Captured in Pine Bluff, Ark.-BOth Cases
 Are Appealed

Willard Carpenter, the negro slayer or J. T. Camp of the Camp Transfer com pany, was given the death penalty yes- terday in the first division of the crimi- nal court, and Lively Vandiver, white, was found guilty of murder in the sec ond degree and his punishment fixed at 10 years in the penitentiary
 Both cases attracted much attention, and the Jures in each case were out some time before arriving at verdict. In each instance attorneys for the defend- ant served notice of appeal and the for mai imposing of the sentence was post poned until next Saturday, in order to give the attorneys time to file their bill of exceptions and appeal bond.
 The Willard Carpenter case was tried before Judge S. E. Greene and reached the jury at 5:90 o'clock Friday night. At 10:30 Saturday morning the jury an- nounced it had reached a verdict. It is understood the jury was unanimous as to the guilt of the defendant from the start, but it was on the question of pun ishment that some of them differed as to the infliction of the death penalty. While the negro displayed no emotion when the deputy clerk of the court an- nOunceu the uTIdu NtIQlCl, Ile Iclldfhcd later that he was disappointed and that he had not expected the extreme penalty, but that he would be given life or term of years in the penitentiary.
 Killing Sensational
 The killing of MT. Camp caused sen- sation and it might have gone hard with the negro had he been captured imme- diately afterward. The tragedy occurred on October 4, 1913, at the office of the Camp Transfer company, First avenue and Seventeenth street. and followed a disagreement over the payment of the wages claimed to be due by the negro. According to the tetimony MT Camp struck the negro with his hand and or dered him from his office. The negro left the office and returned in about 30 min utes and shot MT. Camp in the head, kill ing him instantly, and following the shooting made his escape. He was in dicted by the grand jury and succeeded in eluding the authorities until few weeks ago, when he was located at Pine Bluff, Ark.
 When arraigned for trial the negro stated he had no money to hire lawyers to defend him and Judge w. D. Fort ap- pointed Vasser Allen and A.. l.. Arnold as his counsel They made strong fight for the negro. Carpenter never denied the killing, but plead not guilty by reason of self defense. He stated that there was s375 due him and that he was only of fered sl.75. He stated that when he in- sisted on the payment of the mount he claimed was due, MT. Camp struck him with a piece Of board ana ordered nm from the office.
 He testified that he waited on the out Side for about 15 minutes and then re- turned and again demanded the amount he alleged was due. He claimed that MT. Camp again renewed his attack with the board and that he then drew his pistol and shot him. He claimed that he had the pistol on his person when the quarrel first occurred
 Circuit Solicitor Joseph R. Tate and Att torney w. T. Hill. representing the pros- ecution, made able presentations of the case and made strong arguments to the jury.
 Vandiver Case
 Much interest was manifested in the Lively Vandiver case and the jury was out over two days. They sent word to the court Friday that they were hopeless ly tied up and that 1t was impossible for them to reach verdict. Judge Fort sent them word to deliberate further and against they were out all night without getting together. Yesterday they asked for information as to the testimony of a certain witness and at o'clock an- nounced that they had reached verdict. Judge Fort and attorneys in the case were sent for. and Ed Newman read the verdict as follows: We, the jury, find the defendant guilty of murder in. the second degree as charged in the in dictment and fix his punishment at 10 years in the penitentiary." The defendant received the verdict calmly and after a brief consultation. his attorney. Judge Robert N. Bell, made a motion that the sentence be withheld until next Satur- dav when an appeal would be filed.
 Vandfver was indicted for the murder of Huston Hare at Flat Top mines in 1911. where they both were employed. The killing was the result of a quarrel about some signals in reference to the hoist Ing of coal cars from the mines. Van diver plead not guilty by reason of self defense and stated that the deceased had threatened to kill him on sight. At d former trial the jury failed to reach ar, agreement and mistrial was entered. He was later admitted to bond. The case was tried before Judge w. E. Fort and a large number of witnesses were examined. Solicitor H P. Hefiin. Av- sistant Solicitor John F. Mccoy and Al torney D. !. Hummer represented the