The Birmingham age-herald., 1923-06-17

tempt and the struggle, 1t was com mitted after all idea of robbery had passed out of the defendants mind. Second, that the court erred in the matter of everything the objection Of counsel of questions asked the de- fendant by the district attorney; that the court In so ruling did not make proper distinguishment between the defendant in the capacity of defend ant and in that of witness while he was on the stand under cross-ex animation.
 My hope had been to get reversal upon the grounds of the first propo- sition. I knew that all idea of rcb- bery had passed out of my mind that I had entirely abandoned any idea of robbery-before the struggle began. which was a brief time be- fore a shot was fired. If that point could have been upheld and then played upon with sufficient force in a second trial, I might have got through with d conviction of SC me kind carrying a penalty far below that. .of life imprisonment But only the dissenting opinion of the court upheld that point: the decision of reversal by the majority rested upon the second point.
 Irrespective of the grounds, one of my chief joys was knowing that l mi ght write home and tell them of the next trial to come. That l did; and while the nature of their let 'ters in reply might not have indi cated their full realization of the value of another trial. knew that they. along with me. harbored hope that l might not again be sentenced to die.
 The One Chance Up To Me.
 The irreparable loss and bereave- ment that l had inflicted upon others. I was never forgetful of that part. But there was nothing l could do now Nor was there any punishment inflicted upon me by the state that would have helped the community or those directly affected.
 knew at that time that there was but one chance of anything ever being done that might even partially make up for my great transgression, and that chance rested entirely with me. If I were permitted to live, then it was possible that in the dis tsnt future I might do something toward striking a balance of the ac- count that then stood against me so overwhelmingly. In thought of all that--to saying nothing of the natural desire for continued life I hoped to follow out the admCnition of Carlyle to do first the duty that lies nearest; and that duty surely was to refrain so far as possible from breeding and to be up and doing with all my might looking to the flu ture and the hope that it might hold.
 I was hopeful of going to trial again some time in August, but the case was placed upon the docket for September II. On the 7th two deputy sheriffs came to the state prison to remove me to the county jail.
 l shall never forget the feeling when, late in the afternoon on that balmy day. we started tG walk from the prison to the street car line a block distant. I felt weak; my feet were light. The air seemed differ ent. l had not so much as had glimpse of anything outside the walls except the sky above the inner court, for almost seventeen months. And even though my wrists were man acled. in thought of the darkness and indescribable horror of a part of my solitary confinement on Murderers' Row as compared with the bright sunshine and soft autumn breezes