The Birmingham age-herald., 1922-12-05
FATE OF WARDEN SLAYER NOW RESTS IN HANDS IF JURY
Case of Joe Terri|I, Who Pre- cipitated Riot in Montgom- cry Brings Death
 Penalty
STATE CAPITAL BUREAU !,
 THE AGE AautRaaP Ala Dee


 In what seemed to be a hopeless deadlock, members of the jury trying Joe Terrill, who killed George S. Will son, special agent. of the state con servation department, and whose life was sought by mob while he was held in the county jail October 2 retired late tonight. Deliberations ceased at 10 o'clock and members of the jury announced that no agree ment would be sought until morning.
 The case was given to the jury late Monday afternoon after trial which continued through out the day. w. P. Seibels, cir cult solicitor, appealed to the jury to impose the death penalty and insisted that Wilson was killed on the public highway while seeking to perform the duties imposed upon him by law. The defense of Terrill was that he was forced to shoot to protect his own life.
 The scene in front of the Mont gomery county jail the night Terrill was arrested when a mob sought to gain entrance to the jail for sthe purpose of lynching the negro were re-enacted in the court room while the defense sought to obtain a change of venue, cohtending that the negro could not obtain fair trial in Montgomery county.
 Seek Change of Venue
 John Frankey and Henry Meader, attorneys, appointed by the court to defend Terrill, filed the. appli' ation and called witnesses 10 the stand to show that a crowd did make a demonstration near the jail and the Montgomery military companies were called into service and guarded the prison until Terrill was removed tc Birmingham the following morning The state admitted that few per l sons made a demonstration agalnsi the negro but insisted that a grea' majority around the prison were at tracted by curiosity and by reports that a mob would attempt to lynch the negro. Witnesses were produced to prove that Terrill could recei ( 0 fair trial and that the public mind was not inflamed against him. Fol lowing the submission of the testl- mony Judge Walter B. Jones over ruled the application for change of venue and expressed the opinion that Terrill could receive just verdict from a jury in Montgomery county,
 Moon Testifes
 Col H. A. Moon, head of the state military department, who was one of the witnesses called by the defense |4on support of it's contention that a fair trial could not be obtained, ex- pressed the opinion that the public mind was quiet and said there was no indication to him that the defend ant would not be justly treated by a jury.
 Evidence for the state showed that Terrill killed MT. Wilson while he and deputies of the sh-riff's depart ment were searching for James Glenn. negro, who killed Policeman Albert Sansom. The deputies took the side that they met the defendant and four other negroes on the public highway few miles from Montgomery and ordered them to stop and then got out of the automobile when Terrill walked behind the other negro.
 Terrill, according tc the testimony, fired one shot at Deputy Joe Par tin which struck him in his right arm and prevented the effective use of his pistol Wilson then grappled with the negro and in the scuffie Terrill fired bullet into his head which caused death few days later.
 Accident, Says TerriIi
 Terrill testified in his own de- fense and contended that his pistol fired accidentally ahd that he had no intention of killing the officer. He said he walked behind the other ne gro in the hope of ridding himself of his pistol knowing he would be charged with carrying concealed weapon.
 PHILLIPS SHOWS PROFIT
 Alabama made a net profit ef $6,s76e7s from the operation of the state law enforcement department during November and 100 stills were destroyed through the activities of the depar rtment, according to the monthly report submitted to Cover nor kilby Monday by L. l.. Phillips. eh;nf Ia 1T, enforcenaent agent