Randolph County AlArchives News.....Trial & Execution of Fred Ware August 17, 1938
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Linda Ayres http://www.genrecords.net/emailregistry/vols/00031.html#0007674 February 7, 2023, 8:44 pm

Roanoke Leader August 17, 1938
Aug 17, 1938: 
The case of Fred Ware, charged with rape was tried at a special session of 
Randolph County circuit yesterday with Judge Will O. Walton, of LaFayette, 
presiding. The prosecution was conducted by Circuit Solicitor John, K. Watkins, 
Deputy Solicitor D. R. Boyd, Attorneys H.T. Burns and F.B. Parker. Representing 
the defense by appointment of the court were Attorneys D.T. Ware, P.J. Hooton, 
C. W. Clegg, and W.L. Wilson.
The testimony of the prosecution included positive identification by the victim; 
two witnesses testifying to a confession by the defendant on the night of his 
arrest a few hours after commission of the crime; another testifying to a 
confession by the defendant as he was being taken to Kilby Prison; other 
witnesses testifying to the presence of scratches on the defendant's face and 
arms shortly after the commission of the crime. 
Defense testimony included denial by the defendant of commission of the crime; 
denial of the making of any confession; and the in testimony of other witnesses 
that the defendant was at the home of a neighbor a few hours after the crime was 
committed and that his demeanor showed no indication of excitement.  
After hearing the evidence and the charge of Judge Walton, the jury retired and 
after deliberating 40 or 50 minutes returned a verdict of guilty and fixed the 
penalty at death in the electric chair at Kilby Prison. Judge Walton set 
September 30 as the day of execution. 
There was an immense crowd in Wedowee during the trial but not the slightest 
disorder was reported. The entire conduct of the trial was one of fairness and 
dignity. The attorneys for the prosecution should be commended for the fair 
presentation of their case and for handling it in such a way as not to stir 
prejudice or foment racial feelings. The attorneys for the defense, serving by 
appointment of the presiding judge provided a capable and adequate defense of 
their client. Judge Waltons conduct throughout the entire case is worthy of high 
praise.
The people of Randolph County have gone through this shocking affair in such a 
way as to make all good citizens proud of their county. Relatives of the victim 
showed admirable self-restraint in turning the assailant over to the officers 
and allowing the law to take its course. Our people, both white and colored, 
have pursued the even tenor of their ways and there has been no evidence of 
racial feeling upon the part of either. The majesty and dignity of the law have 
been upheld and this county has not been advertised to the world as one where 
law has been abolished and the mob has taken control.

Feb 22, 1939: 
Early last Friday morning Fred Ware, 24-year-old Negro, in the electric chair at 
Kilby Prison, Montgomery, paid with his life for the rape of a Randolph County 
white woman. It was the first execution by Warden Earl Wilson, who had taken his 
office just our days prior to the time of this unpleasant duty. This closes the 
story of probably the worst crime ever committed in this county. This newspaper 
feels a deep sense of satisfaction with the way the people of Randolph conducted 
themselves during this trying and tragic period. 
The horror of mob vengeance was avoided, and the law was allowed to take its 
course. Local attorneys appointed by the court for the defense did their task 
faithfully and provided as adequate defense as the facts permitted. They should 
be praised instead of being condemned for doing their unpleasant duty with the 
faithfulness required by the legal code. Both the white and the colored people 
of this county are entitled to the highest praise for not allowing this horrible 
crime to be at the cause of stirring up racial prejudice. Our good Negroes 
seemed as much shocked as the white people by this crime, and our good white 
people seemed not to blame a whole race for a crime committed by one member of 
that race.

Additional Comments:
Name	Fred Ware
Sex	Male
Age	24
Death Date	1939
Death Place	Montgomery, Montgomery, Alabama, United States
Birth Year (Estimated)	1915
Father's Name	Will Ware
Father's Sex	Male
Event Type	Death
Source Details	cn 4154
[Burial place unknown] 

Note: State Death Row record list his name as FRED WARD 

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