The Montgomery advertiser., 1902-03-26
CASE GOES TO JURY
TRIAL OF DIR. .cRossLAND; CON-
 SUMED TWO DAYS.
He is Charged With Assault With Intent to Murder Noble J. Wiley. Jury Retired at l0:15 O'clock
 Last Night.

The City Court jury which is trying the case of Dr. J. H. Crossland. charged with assault with intent to murder Leuten- ant Noble J. Wiley, retired last night at 10:15 to make up its verdict.
 The prosecution had two speeches and the defense had three. The making of the arguments began at 4:s0 yesterday afternoon and continued until after 9 o'clock. The speaking drew a larger crowd than had attended when the evi- dence was being heard. The court room was packed with a patient crowd that waited to hear all the oratory.
 The morning session of the court was occupied in the hearing of the last wit ness of the State and the few witnesses of the defence. The States witness only confirmed the accounts of the difficulty between Dr. Crossland and Lieutenant Wiley as given by the witnesses on the previous day. Earnest Doughtie testified to seeing Dr. Crcssland get of Belt Line car and walk up Dexter Avenue to where Lieutenant Wiley was talking to Captain Allen at the Farley National Bank corner. Dr. Crossland, the witness testified. had approached diagonally across Dexter Avenue. Jesse Cheathem. a street car man, testified as to the diff fculty. He witnessed the fight and saw Dr. Crossland get the whip from the hack and strike Lieutenant Wiley over the head with it; the witness saw 1t wrested from Dr. Crosslands hand and the shoot ing followed.
 D. P. Canty gave evidence as to what took place during the fight. His testi- mony corroborated Lieutenant Wileyss as to what happened and what words passed. Henry Englehard who, with, Judge Tar yer, tried to separate the fighters, told what he saw of the difficulty. No new fact was brought out.
 The State rested here. ..., The attorneys for the defense had in store distinct surprise. They pleaded that the indictment under which Dr. Crossland was being tried was faulty. They plead a misnomer in the indictment. The indictment was found against "Dr. J. H. Crossland, whose christian name is to the grand jury unknown The attof- neys for Dr. Crosslahd alleged that his christian name was Harry, and this was known to the grand jury. In view of that the indictment was faulty and should be quashed.
 Witnesses were introduced who testi- fled that Dr. Crossland's christian name was Harry. and that he was known by that name. Among the witnesses who testified to this were Robert Tait Rob- ert Teague and Judge J. T. Cook, o, C. Maner and l.. Lassiter. The latter wit nesses however, knew him better as Cap tain -Crossland and as pr. CrossIand.
 Dr. Crossland was not put upon the stand. The defense introduced no testi- mony except that which related to pr. Crossland's name and the alleged mls- homer.
 At the afternoon sessicn. the State in- troduced number of witnesses In rebut- tai to those who had testified on the mis- homer plea. J. H. c. Rives. Jacques Loeb, c. F. Moritz and James Mcintyre. all members of the grand jury that re- turned the indictment against Dr. Cross land, were called to the stand and testi- fled that the grand jury did not know Dr. Crosslands christian name.
 In response to questions from the at- torneys for the defense Mir. Mcintyre stated that he had heard Dr. Crossland called Harry.
 Lieutenant Wiley. Judge Taryer and Henry Englehardt were all recalled to give testimony of the misnoFner plea for the State. They all knew that Dr. Cross land had signed his name J. H. Cross1and Judge Tarver said that he had heard him called Cousin Harry" ono time by a lady relative.
 Tn the arguments that immediately fol- lowed the close of this evidence, the plea of the defense as to misnomer occupied a large portion of the first two speeches, although provocation for the use of the pistol was argued by the attorneys for the defence.
 Judge Thomas ruled with the State and against the defence on the plea of mis. homer and flaw in the indictment. He instructed Solicitor Lomax to put in writ ing the charge on this point that he had asked for. This was delivered to the jury as the Solicitor wrote 1t.
 Judge Thomass charge to the jury was clear and exhaustive. It occupied nearly an hour in the delivery and was given the closest attention by the jury and the hearers in the court room. At it's conclu- sion, the jury retired for deliberation.
 The jury at o'clock this morning had retired and made itself as comfortable as possible with blankets and cots. Evi- dently an early agreement was not in prospect and the Jurymen had decided to make the best of the situation. A yer dict was not expectd until some time to- day.