The age-herald., 1901-04-11
TOM FAY'S FATE
 IN HANDS OF JURY John D. West Tells About the
 Robbery NEWS OF LOCAL COURTS Neal Case in City Court Is With the Jury-erookside Cases Dismissed. Plaintiff Sues for $2o, o,ooo-ln-
 voluntary Bankruptcy.
NEWS OF LOCAL COURTS

In the Criminal Court yesterday before Judge Dan A. Greene the trial of Thomas Fay. the last of the famous Miller-Duncan gang, was resumed. Fay Is charged with being implicated in the robbery of the safe of the Standard oil Company on the night of March 2, 1900. The trial occu- pied all of the day and the case went to the jury yesterday afternoon. verdict will probably be reached this morning.
 The principal witness during the trial yesterday was John D. West, member of the gang, who pleaded guilty Tuesday to being implicated In the robbery and was given twenty-five years in the pen itentiary.
 West said that Fay was not present when the robbery was committed, but that he was asleep in room over Gel der's restaurant He admitted that he himself was bad. but said that he had sufficient good in him to try and save an innocent boy from imprisonment.
 The contention of the State Is that there was a conspiracy among the members of the gang to rob the safe. and that even if Fay was not actually present he is guilty in point of law West testified that there was no conspiracy. He said that a dispute arose among the gang as to whether or not the safe could be blown open by the tise of nitro-glycerine from the outside without making too much noise, and it was to settle this dispute that the safe was robbed. He said that it took but a few minutes to do the job.
 Asked why they took the money if the safe was blown open simply to settle an argument, he said they took the money as change.
 Gives Solicitor Advice.
 Solicitor Hef1in subjected the witness to an exhaustive cross-examination, during which the solicitor was warned by West that he had better not try to learn too much about blowing safes. That's the way I got into it." said West, learning too much about it."
 West gave an account of the robbery, saying that it occurred about 10 o'clock at night and that Duncan, Edwards, Shenandoah" Red "New York Harry and himself were present. Miller, he said. was not there He told how the gang sep arated after the robbery at the corner of
  New York Harry, he said, was left there with the money fin satchel under a light overcoat. In the overcoat pocket was the bottle of nitro-glycerine that was used in blowing the safe open. He said the gang afterwards met in the room over Gelder's Restaurant. and that he and Duncan were standing at the bottom of the stairs when the shooting took place. He said that he and Duncan then walked around the streets until 5 a. m, when they left for Chattanooga. He said that he met Tom Fay in Chattanooga Fay told him he had no place to sleep, so he took him to the crib. which was subse- quently raided by the police and Fay, Duncan and himself captured. In the Criminal Court. before Judge Samuel E. Greene, Andred Carter. col ored. pleaded guilty to robbing Mamie Brown of s15.2o and his punishment was fixed by the jury at ten years in the peni- tentiary
 Henry Benson, coored, who was charged with stealing a pocketbook con- taining $9.40 from Mrs. Carah Goldsten last Christmas, was found not guilty. S. W. Clements, white, who was charged with stealing $40 from Henry Comngore was acquitted.
 The case against Mo1lie Long, the col ored woman who was accused of setting fire to Dr. whelan's house. was mol pressed.
 City Court.
 In the first division of the City Court Judge Charles A. Senn presiding, the case of Joe Neal vs. James c. Patterson went to the jury yesterday afternoon. A verdict will probably be reached today. Plaintiff sued for $15,OOo damages for the lost serv- ices of his minor child, who was killed while ip the employment of defe2dant. In the second division, Judge w. w. Wilkerson presiding the case of Tom Prentice vs. the Southern Railway Con- pany resulted in a verdict for plaintiff of $250. He was passenger on one of de- | fendant's trains, and was injured in a collision.
 G. W. Smith has filed suit for divorce | against Beatrice Smith. t The May dockets of this court are now | ready for distribution.
 Since the decision Tuesday in the case | of s. F. Fields vs. w. M. Wooden, involv- 1 ing the title to property in Brookside. about 157 similar cases in the city and | Circuit Courts will be dismissed. The is- sue is practically the same in all the | cases About half dozen have been tried and all have resulted in favor of the de- | fendants.
 Circuit Court. Tn the Circuit Ne case of J. C. | Bonner pro ami Sama Great