The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-04
FOUR PERSONS To
HANG IN ALABAMA
ON FRIDAY, JUNE 8
Woman Faces GaIIoWs For
First Time Since Civil
War
STATE CAPITAL BUREAU !
THE AGE. HERALD I

:
Nellie Bestor. negro woman of Bib
county. must die on the galloWs Fri
day, June 8, fer the murder of her
husband The supreme court Thurs
posed by the Bib circuit court.
Three other persons sentenced to
death for murder will be hanged on
the same date, their cases having
been affirmed by the supreme court
at the time the decision in the wom-
ans case was handed down. Tom
Wilson will be hanged in Limestone
county for the murder of Kirby Cole.
Winston jackson will be put to death
in Wilcox county for the killing of
John Donaldson. Ben Moore of
Chambers county must go to the gal
lows for the murder OF J. A. Taylor.
If the Bestor negress Is hanged 1t
will be the first time since the Civil
war that woman has been put tC
death by law. The woman killed her
husband with an axe, mutilated the
body and attempted to burn 1T in
order that the crime might be COW
cred. She confessed and her confess
sion was submitted in evidence.
The attorney for the woman
| sought a new trial because of re-
marks made to the jury by the dep
uty solicitor, who requested the jury
to lock at the woman and determine
whether or not she was demon.
The remarks were withdrawn from
the jury by the trial Judge. who ad-
monished the solicitor not to make
| them again.
Tried to Conceal BODY.
Justice Mcclellan, in discussing the
crime in his opinion. said: while
it was the jury's function to deter
mine the degree of the homicide, as
we'll as the guilt of the accused, yet
the undisputed evidence left in no
i vuo q
guilty of an unpalliated murder, ac-
complished in fiendish manner and
followed by cunning efforts t. con-
ceal or destroy the evidence of the
crime. The only recourse really open
to the jury's judgment was the meas
ure Of punishment"
Tom Wilson was charged with
killing Kirby Cole. while Cole was
transporting him and Grady Chris
TOPPER from Athens to point few
miles away. The state alleged that
Cole was killed and robbed. Wilson
disappeared after the killing and was
recaptured at Carrollton, Ill. Chris
topher was killed BY Illinois officers
when they sought to arrest him and
Wilson on another charge.
Wilson sought new trial on the
ground that confession presented
to the jury was Illegal, but the SUI
preme court held that the law was
complied with in the submission of
the confession. r. T. Ewing of Nash
VILE. inspector of police for the
Louisville and Nashville, who trailed
Wilson from Limestone county to
Carrollton, ILL.,. testified that Wilson
admitted to him that he was present
when Cole was killed, but contended
that the shot was fired by Chris
TOPPER.
Winston Jackson, who was SON
fenced for the murder for John Don
aldson in Wilcox county. sought an
other trial because the court refused
to submit to the jury certain charges
which his counsel requested. The
court held that the charges were
properly refused.
Ben Moore, convicted of the MUIR
der of ]. A. Taylor in Chambers
county, had no defense in the SUI
preme court No bill of exceptions
was presented and the court affirmed
the case after reading the transcript
and finding no error.