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Criminal Law Keyed to Kaplan
State v. Tally
Citation:
102 Ala. 25, 15 So. 722 (1894)Facts
Robert Ross was accused of seducing a member of the Skelton family, who sought revenge for Ross’ actions. Ross intended to secretly flee the town of Scottsboro for the nearby town of Stevenson. Four members of the Skelton family, however, discovered Ross’ plans and intended to pursue him. That same day, Judge John B. Tally (defendant), a brother-in-law of the Skeltons, was at the Scottsboro telegraph office. While Tally was there, one of Ross’ family members sent a telegram warning Ross. The telegram stated: “Four men on horseback with guns following. Look out.” Tally requested that the Stevenson telegraph operator refrain from sending or delivering the message to Ross. In doing so, Tally sent the Stevenson operator a message stating: “Do not let the party warned get away. Say nothing.” As a result, the Stevenson operator refrained from immediately delivering the message to Ross. After arriving in Stevenson, Ross was shot and killed by the Skeleton family.
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