The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-05-31

Judge w. w. Wilkerson, in the City
| Court yesterday, overruled the demur-
rer of the Birmingham Water Works
Company filed by them to the suit
brought by Attorney John ]. Moore to
revoke their charter, and he also over
ruled n motion to quash the alternative
writ Issued in the case. This decision
practically means that the suit Is well
brought, that 1t is not technically defec-
| tive. The decision does not go into the
merits of the case. The defendant, its
| demurrer being overruled, filed an an
swer to the suit. This simply denies
each and every allegation of the plaintiff
as made in his petition.
The title of the case is the state eX
rel. John J. Moore vs. the Birmingham
Water Works Company The petition
was filed by the relator on April 26, 1902,
and he alleged in his petition that the
night warden. He was lying down when
! saw him. 1 was standing watching
him. He remained quiet. l could not see
his face. There was much noise made
by the escape. We knocked out screen
from the jail window WI CHI weighed
about twenty pounds 1t fell on the
brick pavement In the jail yard. No
other noise was made except in cutting off
the lock on the Jail yard gate.\ Two bars
were sawed out of the window.
"a j. Sumner and Lon Stewart were
in the jail corridors. They were both
prisoners. No deputies were inside the
Jail. John Higgins, a prisoner who
acted as stevedore, locked up the cells
that night at O'CLOCK.
Did Not Examine Locks.
THE bars in the window had been
nearly cut through so that little more
cutting enabled them to be pulled out.
don't know how long since that cutting
| had been done. did not see any guards
in the corridor near where the prisoners
were kept. 1 had been In Jail four
months. The prisoners were always
locked up by the stevedore. 1 never saw
any examination of the locks made by
| the officials"
On cross-exalnination by Judge Allen
| Dye said :
II am cabinet maker by trade, also
understand trade of locksmith. Burglary
Is a side line with me Gaughter). 1t is
true that l robbed the May and Thomas
| hardware store. I knew Duncan about
eight months. I did not know Myrtle
Haas 1t was by accident or mistake
that I got into jail I did not know
sheeney Bugs, John D. West or any of
the others of Duncan's gang.
an jail was in cell No. 1, opposite the
side of the jail where Duncan was. I
knew nothing of the plan to escape until
the night Of the escape I was put in
cell No. Evan Horns celtic play po-
ker. We had been playing poker dur
ing the afternoon and wanted to con-
tinue the game"
did you have any money!" asked
Judge Allen.
Eyes, cir"
'Where did you get it?'
"a man in my profession Is supposed
to have money" coolly replied tho wit
ness, much to the amusement of the ar-
dience.
Cut Lock of With Saw.
"Bullard cut the lock off of cell No.
with a saw" he continued. 1T don't know
where they got the saws. I did not carry
| them in. 1t was about 10 o'clock that
Sunday night that VanHorn and Billiard
told me they were going to escape. I
| think the lever lock was unlocked. Dun
can had wooden key to 1t which he
made. 1 saw it that night. 1 did not
see him unlock the lever and don't know
who did 1t. Duncan wrenched the bars
out of the window. While was watch
ing Ball Duncan cut the lock off of the
Jail yard gate.
4 1.-THE lever which locked the six cells
could be unlocked from Duncans cell.
John Higgins trustie, locked up Dun
can that night. There were no jail keys
left inside The wooden key to the lever
lock- Duncan said was made at the time
he, Miller, West and Edwards attempted
to escape.
when the screen fell 1t -nadc a big
noise and 1 thought at the time that
everything was up. I was the last man
to go out of Jail. / forgot my shoes and
had to go back after them and when
came out the others had gone. Mr.. Bur-
gin was not there and had not been
around for week. Everything passed
to the prisoners was searched. I don't
| know how the saws got In. From where
Ball was to where the screen fell was
| two stone walls and a number of cells
I don't know whether any prisoners were
awakened by its fall. Lon Stewart and
Andy Summer. two TRUSTEES. were Sleep
ing inside the corridor and they did not
wake as 1 know of.
THE rope by which we descended from
the window was made of an old rope
wrapped with steel wire taken from the
Jail cots. The hack saws which were used
In filing were about ten inches long. five
Fights of an inch wide and very thin.
Started Out Alone.
when we got out started along to-
wards Chattanooga. / don't know where
the others went. was recaptured at At
|