Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-05-29
MRS. STELLA
IS CONVICTED AGAIN.;
GETS 4 TO 8 YEARS
Motion for New Trial Made
by Defense and Hearing
Set by Court for the 10th
of June r.

of June
Mrs. Stella Abbott was convicted
| by a jury in the criminal division of
the superior court Thursday night of
a charge of voluntary manslaughter
| and was sentenced to from four to
eight years at the state farm. it be-
| ing charged that she shot and killed
her husband, John H. Abbott, Jr.
former chauffeur for First Chief Will
liam B. Cody, at their home on Bass
street on the night of January 81,
1919, following a telephone CONVEX
sation between Mrs. Abbott and a
young woman who, it is alleged, had
called Mr.. Abbott
At a previous trial, conducted
about a, year ago, Mrs. Abbott was
convicted and sentenced to ten
years. She appealed and was grant
ed new trial by the court of ap-
peals. Attorney Edmund w. Martin,
one of counsel for the defense, filed
motion for a new trial Thursday
night and date of hearing was set
by Judge John D. HUMPHREYS for
June 10. The defendant was re-
leased in $4,000 bonds pending the
hearing.
A verdict was reached one hour and
half after the case had been placed
in the hands of the jury, Mrs. Alb
bolt received the announcement with
out any outward signs of emotion.
Her two sons and several women in
the court room wept audibly. 1t was
said the jury was unanimous in it's
verdict for voluntary manslaughter
from the start, but was divided on
the sentence. A new feature in the
deliberations of jury was intro
duced by Foreman M. D. Smith, a
minister, when he opened the DELHI
erations with prayer, every member
of the jury Joining with him immedi-
ate1y upon entering the Jury room.
Court Room Crowded
The case went to the jury at $50
o'clock Thursday afternoon, after a
two-hours' argument by Attorney
Reuben r. Arnold, counsel for the
defense, and the judges charge. Dur
ing the afternoon the court room
was crowded with spectators, many
of whom remained for the verdict.
: The ouickness in which the verdict
was reached was surprise to many
as at the previous trial the jury WIS
out more than twenty hours. At
6:45i o'clock Judge HUMPHREYS sent
word to the jury to inquire If an
early verdict was likely. The fore
man announced that the verdict was
then being prepared. Fifteen min
utes later it was received in the
courtroom. Judge HUMPHREYS al
lowed the same bond of $4,000, which
was furnished after the first trial
to stand and Mrs. Abbott was taken
to the home of her father
In his charge ito the, jury Judge
HUMPHREYS explained the law gov
erning self-defense and stated that
no one could create an emergency
which renders it necessary for an
other to defend himself and then
take advantage of the effort OF. such
other person to do So Neverthe-
less, he said, one who provokes a
difficulty may yet defend himself
one provoked if the violence, Or
threatened violence, be dspropor-
tionate to the seriousness of the
provocation or greater in degree than
the law recognizes is justifiable I'M
der the circu mstances.
Arnold Concludes
The second trial of Mrs. Abbott
started Tuesday morning and argu-
ments were begun by counsel We'd
nesday afternoon, each side being
allotted four hours. Attorney Arnold
had the concluding argument. Mrs
Abbott's act, he said, was blow
struck for her home. Tortured by
her husbands actions and believing
herself and her two little boys in
danger she shot in self-defense, Mr..
Arnold declared.
1.-THE most innocent of animals will
fight if it believes its children IN
danger" Mr.. Arnold said, land Mrs.
Abbott only did what any mother
would have done. When johnny
Abbott revealed the name of the
woman who had called him he real
lied his mistake and it infuriated
him. Mrs Abbott struck ba1w to
protect her home-an absolutely justi-
fable act A woman's instinct is
better than our judgment"
Mr.. Arnold said he had but two
hours in which to answer four hours
of arguments. He analysed the
statements made by the prosecuting
attorneys and the testimony OF the
states witnesses and claimed that
the state had made mountain out
of a mole hill all through the trial