The Montgomery advertiser., 1901-07-26

pecttng difficulty. Ma1or ocTenS S;hia with you and I will go along" MT: Crusius was not so terrible put ns .he big man and he went along M w,.n te seo two editors. Colonel Wlley ,nen er
 scribed the party of five newspaper men and said that Crusius and Roenn TOT
 lowed behind making party or seVeIi:
 He deciared that when MT. Slass ,t ,,,os
 himself back in a defiant attituds m was WEE an invitation for a fight. MT Hill was
 aggrieved. Mir. Glass would not apolo,,,
 gize and fight was the result MT m
 went there for satisfaction' He au Ho
 get it. There was a hgnt. ne tnem
 scrfbed the difficulty from the vlewpoint
 of the defense and referred to tne iact that the Drs Hill were not present when the fight began. and that they oniy vn
 tered into the difficulty when they I Louha aea
 clared that Major Screws was not struck
 by Dr. Hill until he had told him three
 times to stand back. 1,-,
 Summing up the evidence. SoIonei, ,,,nth-
 lev said the 1urNwas to determine wnsth- .nti,
 CT Mir. W. w. Hill was justlhed in stIik-
 ing MT. Glass. He said he le1t IL 10 tne
 jury to determine whether Dr. Eln was
 justified in striking Major scts~s tes ,ury ru to the circumstances. He asked the Jury .o
 stand for right. justice and truth. ne oe
 sired nothing more and would pc con'ent
 with nothing less. at the same Ii,, tIme re-
 minding the jury that pr. R. 5. i'll Was
 not indicted for striking Professor starKe'
 MT. Sanford's Remarks.
 MT w A Sanford, Jr, for the de-
 fepse in opening his address to the Jury.
 said, to his mind, 1t was one of the most
 trivial cases that ever consumed 70 HuSi
 tme. Still he declared that he was 9u-
 thorized by his clients to say that trey
 had no apology to make for their various
 actions as detailed. They merely resented
 an invasion upon their rights as cNixens.
 If they had transgressea n, tne iaW he,d th thst
 were willing to suffer. but they neio thA'
 they had not violated the law.
 MT. Sanford referred to the influence or
 newspap pers end conterded that The Ad-
 vertiser had Eeauently un1us,ly GIscrh tnnI-
 mated against the defendants, He LOOK this phase of the evidence ana dWelt au
 some length upon the failure or Ine Ao,
 vertiser to mention successfui operati0ns
 or recoveries at the HI n..imnnn imnrmars that
 notices had been printed apout
 other infirmaciIs and said that
 the Drs. Hill merely wanted 10 pc
 let alone. He declared that not content
 with thus discriminating against the prs.
 Hill. The Advertiser began 10 criticise
 Assistant Solicitor William w. Hill. MT.
 Sanford referred at some length 10 tnls
 member of the jury if he would not go to
 see the man who wrote such an editorial.
 He declared that the Messrs. Hill nag right to go there and wait to see MT: Glass about the editorial. They went TOT an interview, but prepared to defend themselves if 1t became stormy. MT. san ford argued that Major Screws snd MT Glass went out of The Advertiser eHice expecting a difficulty and revieweo Lne testimony concerning the actual dlHlcuity. He contended that the pistols were I.ot produced by the Messrs Hill unttl MT: w. W. Hill had been struck ana palmJuiG1y G cut in the back of the head. MT W. C' Hill did not present a pistol, ne sai1, un- til he believed MT. Crusus was '.pout 10 engage in the difficulty. pr. R 5. hill and pr. L. l.. Hill had not engageo III r the difficulty until they saw .heir oio' MT. Sanford contended that Dr. R. s. Hill was not guilty of an assault because he only struck Professor starke ana ne was not indicted for assaulting ProIessor Starke. He begged the jury to well ~elgn the evidence in the case and ne knew It would return just verdict.
 Mir. Lomax Closes.
 At exactly O clock Solicitor Lonax be-
 gan his closing address to the jury. He
 said that 1t had been his experience Una.
 whenever defending counsel haG nad
 case they undertook to belittle the Soilci- tor and to hide the weakness or thelr
 cause behind the frailty of the solicitor He ridiculed the so-called defiant at..tude
 of MT Glass and illustrated tho position of MT. Glass by raising an umbrella in court. He asked the members Of the 1ury
 with fine sarcasm if he snoulo & strarsH'en 1o1 tn
 jump on him. He explained that news
 notices were published for the public ana not in the interest or against lnolVlouaIs.
 The Solicitor said great deal had been
 said about discrimination by The Adver-
 tiser against the Hill 1nhrmary in the
 matter of publishing deaths which oc- cured there. but when pr: watkins was asked if The Advertiser had not published notices about deaths at Watkins's In frmary since the establishment or HI
 Infirmary the lawyers had objected Iney did not want to turn on the Ight or truth' Admitting hostile publications for argu-
 ment MT. Lomax again declared that this could only be argued as to the credibility
 of Major Screws and MT. Glass. He de-
 clared that his legal opinion was worth something to the jury until it was sht wn to the contrary by authorities. mich he
 challenged the defence to produce. MT. Iomax said that after listening to
 the argument of Colonel Wiley one would
 believe that The Advertiser was conduct
 ed solely for the purpose of injuring
 Hills Infirmary. He combatted the ar gument of Colonel Wiley and again took scoffed at the proposition that there V as any suggestion of debarring MT. w. w.
 Hill. There are Deputy Solicitors Tn rear ly every county in Alabama. The article
 the future and even invited discussion upon the subject from Judge Sayre, So- | l:citor Lomax. Assistant Solicitor F Il or any other member of the lar, and yet this article, declared the Solicitor. IS pa | raded before this jury as justification tor MT. Hill to wait one hour to attack Mir, Glass.
 An, gentlemen of the jury" exclaimed d | MT. Lomax. If self defense means any | thing like this in the opinion of twelve | god men. we had better quiet enacting | laws"
 He said he honestly didn't believe that | the defendants would undert lke to plead self defense after having Tai.sd an hour | to assault a person.
 With splendid sarcasm, MT. Lomax pie | tured the army mobilized by Colonel Wiley which marched forth from The Ad- vertiser office to make war, war war upon the Hills. notwithstanding but two men in the party had been informed that | the Messrs Hill were in waiting and they | had ridiculed the idea that Messrs. Hill would do any such thing.
 | MT. Lomax said the jury had been asked | to justify an assault and battery based l upon a representative nature-an assault
 made wholly without justification. He | wanted to see the sort of manhood that | when it gets into a jury box it will exc
 cute the law. Brave and good men vio- | late the law sometimes and it Is no dis
 credit to them to say that we IS jurors | might have done as you have d1ne, but | you have violated the law and you must | abide by the consequences.
 | In conclusion. Mir. LomaX said his duty | in this case had been diSagreea ble, but | he would have been deserving of scorn | and contumelY if he had shirked 1t. The | jury had the same sort of duty 10 perform | and he appealed to the jurors to stand | He asked only an earnest and careful con 1 sideration at the hands of the jury and | to stand by the conclusion reached and | return it in the verdict.
 Charge by Judge Thomas. | MT. Lomax concluded his remarks at | SAP clock and Judge Thomas immedi- l talx fn Is