The Birmingham age-herald., 1914-11-06
UNUSUAL SENTENCE
 IN CRIMINAL COURT
Jury Finds Negro Guilty of Second Degree Murder But Imposes
 Life Sentence

An unusual sentence was returned yesterday in the first division of the criminal court when the jury in the case of Jake Brown, negro. charged with murder. returned verdict of murder in the second degree and fixed his punishment at life imprisonment in the penitentiary. Judge W. E. Fort and several attorneys stated that such a verdict was unusual as when murder in the second degree is returned it is indicative that the jury believed that there were mitigating circumstances connected with the commission of the crime as murder in the first degree is punishable by death or life imprison- ment. The punishment for murder in the second degree is life Imprisonment or any numbers of years not less than ten.
 The case of R. H. Abbott, charged with murder, was nolle pressed in the first division of the criminal court by Judge w. E. Fort on the recommenda- tion of the solicitor. The case has been called several times but the state has never been able to locate the witnesses for the state. Abbott was indicted for the killing of Clyde Mahaffey in 1911. ->----~------~------~--~ with having attempted to pick pockets. When arrested he was in possession of a considerable sum of money, the war den. on the stand, testifying that he was unable to state whether the amount was s3o or s1so. Bond for the defendant was made by Dinsmore & Montgomery in the sum of $200, Chief Eagan stating to MT. Dinsmore at the time that if Rosen skipped he would expect the bond to be paid dollar for dollar Rosen skipped. Dinsmore later settled thes bond with Judge Lane in the sum of s25 Chief Eagan on the stand yesterday afternoon swore that he had heard Judge Lane tell MT. Dinsmore that he had not properly represented the de- tails in the case when he was at tempting to settle the question of bond.
 Montgomery on Stand
 Mir. Montg emery, on the stand yes- terday testified in regard to the Ro- sen case. In answer to a question of Commissioner Ward as to whether or not the money for Rosens bond had been deposited with firm of Dinsmore & Montgomery before the bond was signed he stated that he had "already tried to explain that matter to MT. Ward" and that he did not consider it material to the present investiga- tion."
 MT Rosen skipped the bond didn't hep asked MT. Ward.
 "The bond has been settled, I be- lieve," said MT Montgomery.
 For what was it settled?''
 "Twenty-five dollars"
 Upon what kind of a statement to Judge Lane?"
 "I don't know. sir. believe MT. Dins- more made the settlement"
 "At the time this bond was being made. did you say to Chief Eagan that he should not worry about the money?"
 "No, sir; did not"
 How are your services engaged usually in a police court easel"
 At my office, someone comes to see me or telephones"
 "Does MT. Pucket ever telephone or come to your officer"
 "No sir.
 Painter First Witness Phil Painter was the first witness. Be- fore taking the stand MT. Painter stated that he did not wish to be put in the light of prosecuting the charges against Mr Puckett.
 In answer to questions by the commits s.oners he stated that he did not know of his own knowledge that MT. Puckett lad ever taken any money belonging to the prisoners or that there was anything wrong about Mir. Puckett's conduct, add ing that he did not consider himself judge of Mr. Pucketts conduct. Witness stated that people inside the jail had asked to have him called for them, but that he had not been called. well MT. Painter said MT. Weath- erly, let's get at what you actually know about this case. Didn't you prefer these charges against Mir. Puckett?" II did not exactly prefer charges" said
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