The Montgomery advertiser., 1901-08-06
JACOBI CASE ON TRIAL
MISS PARKER WAS NOT IN
 COURT.
der Brother Testified That the Young Woman is Now in Georgia. wiil be heard Again
 Today.

The case of the State of Alabama against sanford Jacooi. charged wlta assault 10 1avisn, occupied lne atlen- ton o1 the city court ali or yesterday aua when court aqJourned at I:oJ o'c.ock last nignt the taking or tesli- mony by the state had not been coni- plelec, The court win convene again at $ o'clock tnis morning and the tax ing of testimony wili>be resumed.
 .niss Lizzie Parker, the young wo- man who figured Tn this case when It was tried before. was not present at the trial yesterday. Her brother. C. r.. Thomas O. Birmingham, was here and remained at the side or the soilc- itor auring the trial.
 Young Jacobi. the defendant, was present and occupied seat between his father and younger brother. His Lawyers. Colonel A. A. Wiley and Mir. ], W. A. Sanford, Jr.. sat next to them. ..,
 t. Terry Hs&s.srdson Is assisting Solicitor LomaK tn the kfSseeetioh.
 The trial attracted msca stssRtlsR yesterday and the court fSSR wss crowded during tAe Aay aiaa phtH tSe adjournment last Rfsht:
 The selection Sf the jury cSf7sufned only a brief time. With one exception the jury was made up Of the regular panel for this week. The Juries were not allowed to separate last night ana they spent the night at the court house. The sheriff had provided cots for them and they were made as com fortablc as possible.
 On account of the absence of Miss Parker. whom it is said is out of the State the Solicitor sesired to put on the witness stand members of the jury which sat on the case when Jacobi was tried before and have them tell substantially Miss Parker's testimony. This was objected to by the defense and argument of two hours was nea'1 in the afternoon on this proposition Judre Thomas held that the testimony was competent and the hearing of the case was proceeded with.
 The details of thic Case are familiar to the public. Jacobi is charged wltn having attempted to criminaily assault Miss Lizzie Parker of Clanton in June 1900, when the young woman spent one night in Montgomery en route rom south Alabama to her home. Jacopl fled to New Orleans where he was ar rested and brought back to ,Montgom- cry. He made $2,000 bond. The case was tried in November and resulted In mistrial.
 There was large docket set for yes. terday bu, the case against SanLoro Jacobi was called first. After prleI eon- sultation the State announced ready.
 The defense asked for continuance because of the absence of J. W. Mar tin, former Captain of the Poke De- partment of Montgomery. The Court did not deem this sufficient excuse and the case was called.
 The jury was empanelled as follows: J. w. Myrick. A. J. McMay, H. r. Yar- brough, A. J. Jones, T. Wallace, E. L. Daniels, J. D. Dean. H. Muurrell. Il. McNeill, Moce MeLemore. R. D. Chas- tain and J. r. Wilson
 Capt. w. H. Maybin. who was a. the depot the night Miss Parker ar rived in Montgomery. and Ed lverson, the negro hackman who drove Jacool and Miss Parker, were put on the wit ness stand by the Solicitor, Their tes- timony was substantially the same as at the first trial of the case.
 Mfr. C. E. Thomas of Birmingham was the next witness called. He tes- tifieG that he was a half brother oi Miss Lizzie Parker. He said that he did not know just where she was al present, but thought she was in Geor- gia. He said that he had letter from HST lHO MCShS dkO udNCu ' I9td Ga. MT. Thomas said his sister die not mention if she intended returning to Alabama. He said that she Jeff Alabama for Georgia in January anC that the famlS home at Clanton haC been broken up and with the exception of few articles of furniture every thing had been sold. He said his siste had said she would never go through the ordeal of another trial.
 Henry Hughes, Deputy Clerk of tn, City Court, testified that two attach ments had been issued for Miss Parkel and that they had been sent to Butle and Chiffon counties. Court then ad journed until 3:Sc o'clock. On reconvening the Court listened tt argument by counsel for two hours. On account of the absence of Mis- Parker the State desired to Introduce members of the jury who sat on th | case which resulted in a mlstrlal, ant to have them testify in substance wha Miss Parker had testified. The defens objected and argument was hear, | which lasted two hours Speeches wer made by Colonel Wiley, Mr. Richard son. MT. Lomax and MT. Sanford At the conclusion of the argumen Judge Thomas overruled the objection of counsel for the defense and the tes | timony of the Julors was allowed. | Mir. w. H. Mioou. one of the juror who sat on the case when 1t was trie in Noyemher, 1900, was called. file tes tiled at length as to the testimony 0 Miss Parker at the November tria which was published at that time.
 Police Officer Bowling was the mex witness. He repeated his former tes timony as to going into the house O Mat Howard with Police Officer Rap port. JaIobi was there with Mis | Parker. -~.. s. .-..
 At the conclusion of Cowling's tes timony the Court at 7:30 o'clock ad journed