Birmingham age-herald., 1895-06-26
MIR. HOLZER ACQUITTED.
Judge Feagin, After Hearing the Argument, Discharges Him and the Two Negroes
 Charged With Cow Stealing

fense and City Attorney Evans for the state. MT. Ben Holzer, who had been charged with this serious offense, was honorably acquitted by Judge Fea. gin, who refused to bind him over to the grand jury because there was no corrob- orative evidence of any knowledge Of the theft of pr. Abernathys COW by MT. uol- ger.
 From the evidence addueed it seems that there was but one thief and he was Will Harris, the negro who, as stated in yesterdays Age-Herald. was pron- sed his liberty by City Attorney Evans if he would turn states evidence and tes- tify against Mir Holzer and the others arrested on the same charge
 Argument was begun at noon by At torney Ferguson for the defense, and Captain Ferguson drew a word painting of the dangers of uncorroborate1 testi- mony of a self-confessed thief that was a masterpiece. He dwelt on the fact that if the judge would bind a reputable cit izen over on an unsupported charge Of self-confessed criminal no citizen was safe; that any negro who had the slight est spite at any one could drive COW into his yard while the proprietor was absent, and when caught up with could swear away the liberty of the person into whose yard the COW was driven and who was utterly ignorant of the fact that there was a COW in his yard, as was the case in this trial.
 Captain Ferguson, in summing up the facts showed the following to be the entire status of the ease:
 Here was a self-confessed COW thief caught. and in trying to squirm out of it states that MT Holzer'had told him to go' after a COW at a certain place early Sun day morning. it being then Satu-day night. He decides not 10 go after the COW Sunday morning. for fear that the
 
 through the streets on Sunday, so he waits until early Monday morning and goes to the place designated by Mir HolZer and there finds COW with rope about her head and indications that she might have been tied, but she was not tied at the time. The COW was lying down near a tree close to the public high way, near the line of an electric street car and in sight of an occupied dwelling. There was no sign of any water or feed being near the COW. nor was there any grass there The COW, of her own ac- cord was lying there from Saturday un- til Monday without water or food, just waiting for Mir. Holzer to send this ne- gro, Will Harris, to take her to- MT. HolZer's butcher pen. How the COW got there Saturday is not known, nor why she was not discovered by the pass ers-by during this time, but Harris found the COW there and drove her to the top of Twentieth street and there turned the COW over to Will Penix, an- other negro with instructions to take the COW to MT. Holzer's butcher pen,and then for him to see MT. Holzer and he would pay him for it. Penix did take the cow to the pen and put her in there, but did not go to see MT Holzer about the pay at the time and few hours later was ar rested. On his statement Will Harris was arrested and Will Harris stated to the officers that he took the COW, but did c.n Mr ,c ipc made what he claimed was a confession, and what the police thought was most conclusive eVi- dence discriminating MT. Holzer. Being satisfied in their minds that MT Holzer was guilty. every action of his prior to that time was looked upon and apparent ly confirmed that guilt. They therefore decided to arrest him at once, and at 1:3l a. m., iE the dead hours of night, went to his house in citizens clothes and rang the door bell Being asked who it was, they gave their names and the door was opened and Holzer placed under arrest the officers following him into the bed room of his wife and daughters, where he went to dress, for fear of his escape He was brought to the lookup despite his protests and there met the chief of po- lice who with Officers Bodiser and Ba- kef, led him up into the court room. where a light was struck, and confronted the amazed man with this negro, Will ilGllloi Niio DtEkiil u ltl Hlill Dl nuGlGl- ous places where he had been sent by Mr. Holzer, until Mir. Holzer overwhelmed with astOnishment and indignation, said: Why, VIII, have you gone crazy?" This was construed as corroborative evidence of guilt and Mr. Holzer was placed under a bond of S509 by the chief of po- plice, which he readily made. Tn the meantime, more arrests were made, and to all appearances, evidence was being piled up which would crush and over Whelm the supposed COW thieves.
 1t was therefore with the utmost astonshment that the public read the account published in the Age Herald yes terday morning of the release of Will Harris upon turning states evidence, the prosecution being unable to proceed in what was thought to be sure convic- ton with Harris testimony. What then was the astOniShment of the officers of the court and the public when the evil dence began to be sifted to find that all the damaging statements melted like mists before the sun, when put to the test of investigation? All the suspicious actions which seemed so damaging were so easily and readily answered, and so honestly explained that there was no possibility of a wrongful construction.
 Mr. Holzer showed such a strong repu- tation for good character that, as the judge said, it would have counted for great deal, even had the facts been stronger and more damaging against him.
 For" said Judge Feagin, "a character is not built up in day or week or month, but it takes years of good con- duct, large and small acts, that mould and make a good character, and a char acter so constructed cannot and must not be ruthlessy shattered without more damaging evidence than has yet been shown here,'' and, therefore, discharged MT. Holzer, who amidst the congratula- tions of his many friends departed fully vindicated from the foul charge brought against him, and hastened to tell his wife and children that the stigma had been removed from their names
 Will Penix and Gamble Hawkins, the other two negroes who were accused of the same offense, were also discharged, as there was not sufficient evidence against them to bind them oyer The only confessed thief having been re- leased and the others discharged for lack of evidence, the much vaunted and widely heralded COW stealing cases have fallen into ''innocuous desuetude."
 fallen into "inocuous desertude