Pine Bluff daily graphic., 1919-10-29
LIFE SENTENCE
 FOR TRUSTy WHO
 KILLED ANOTHER
Say Payne Is Fonud Guilty of Murder of David Smith at
 Tucker Farm.
"PUT TRUST IN GOD,"
 CRIES AGED MOTHER
Accused Hears Verdict Stolidly While Women Relatives Bent in Prayer. Serving Sentence at Time
 of Crime.

Sam Payne, who killed David Smith at the Tucker convict farm, where they were serving terms for taking human life, was convicted of first degree murder in the circuit court here yesterday evening and sentenced by the jury to imprison- ment for life. The jury was con- posed of B. D. Russell, foreman; Roy Kemp J. S. Burchfield, F. B. Leach, F. l.. Fox, J. A. Maxwell, J. F. West, Sligh, H. B. Strange and w. c. Rev. holds.
 70, my God! Sam, get right with God. He'll take care of you, if you put your trust in Him." Payne's aged mother cried out this appeal to her boy as he started back to his prison cell. The gray-haired woman, with her daughter and son-in-law, and her daughter in-law, Payne's wife, sat on a front bench turnout the trial yes terday, and while the jurors were out deliberating the three women seemed to be bent over in prayer. Payne himself accepted the verdict coolly, just as he had listened to the testi- mony, and the arguments for and against him. He had hoped for an acquittal on the ground of self-de- fense, and probably expected yer dict of guilty of manslaughter. He was disappointed, but there was no outbreak. While the jury was out, speculation was rife, with guesses about even as to electrocution, life, manslaughter and acquittal.
 Payne killed Smith on the night of May 22, 1919. The shooting occur red just after supper had been serv- ed the prisoners at the stockade. and while Smith was going out with a tray of scraps for the bloodhounds. Witnesses testified he was dragging a shotgun by the barrel. Payne used a pistol. Both men were trustees, and permitted to carry arms. Payne had been used as night watchman, taking the place of a free man, as we'll as "rider" guard, and on sev- eral occasions had recaptured fugi- tives. several times taking them un- assisted. Smith served as guard, and also looked after the dogs.
 Convicts Testify.
 Payne's attorney, H. Kemp Toney. sought to show that Payne had heard of threats against him, and feared death at the hands of Smith. Prose cutting Attorney E. w. Brockman's case was built up on testimony tend ing to show that Payne was bent on killing Smith and shot before Smith committed an overt act.
 Judge w. A. Coker, penitentiary commissioner, who was among those testifying at the trial, stated that the board has sought to introduce the honor system, and had recommended communication of sentence when con- victs acted properly. He said Payne and other trusties had been permit ted to leave the farm and go to theil homes when members of their fami- lies were seriously i'll, and that in December, 1917. he and Captain Burkett and John McQuistion. other members of the board. had recom- mended the communication of Payne's sentence. as a reward for Payne's actions in aiding in the recapture o1 several bank bandits.
 Seventeen convicts were brough1 down to testify, all but five beine trusties. None of these wore the familiar stripes, and few about the courthouse knew that the healthy looking fellows in overalls were oth- CT than honest, working citi- zens. Payne appeared clad in neat suit of civilian clothing.
 Payne was sent to the penitentlary from Walnut Ridee for killing mar there. Smith. who was but a boy was serving five years for killing negro near Forrest City. At the time of the tragedy at the farm, i was stated by officials that Smltf had notch in his gun before ht came to Arkansas; that he had killed his man in Mississippi. was convict ed and later pardoned by the gover nor of that state.