The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-05-31
A. J, DYE WHO ESCAPED
WITH DUNCAN A WITNESS
Tells of Getting Out of Jall-says Dun
can Had Wooden Key to Lock.
Burglary Side Line
to Dye.

- terday found not guilty Of the
szzs~ charge of negligently allowing
Frank Duncan to escape from the county
Jail. The trial of the case occupied all
day, but 1t was submitted to the jury
without argument b. the attorneys on
each side and the jury after being out
a few moments returned a verdict of
acquittal. Duncan, with three other pris-
oners, escaped from the county Jail on
January 20 of this year and the grand
jury of the spring term of the Criminal
Court found the indictment against the
sheriff.
The star witness of the Jay was A. ].
Dye, one of the men who escaped with
Duncan. He is now serving In Pratt
mines. He said that his trade was that
of a cabinet maker and that burglary
was only a side line with him. He gave
expert" testimony as a criminal and
told about saws, how they were gotten
into jails and how the prisoners used
them to get out. He said that his pres
ent address was at Pratt Mines. Slope
No. 2, but that he expected to leave at
the first opportunity.
Had a Wooden Key.
At the time of Duncan's escape there
was speculation 81 to how the lock on
the lever which locked the six cells at
the same time was unlocked. Dye ex-
plains this by saying that Duncan had
wooden key to it and probably unlocked
1t himself.
ba jurxF Cd xxrith
trouble as follows: Mr.. ]. B. Lacy, Mr..
Robert A. Gilbert, Mr.. E. Mckenzie, Mr..
Anthony Kiser Mr.. James M. Armstrong,
Mr.. John Lewis, Mr.. George Otto, Mr..
William Preston, Mr.. t. ]. Jones, Mr..
D. B. Barnett. Mr.. S. S. Williams and Mr..
]. A. Goodwin.
Most of these were from regular jury
panel No. /. and several were summoned
as talesmen by Coroner PARIS, who acted
as sheriff. Robert s. REEVES and F. w.
Johnson, two jurymen summoned, were
excused as they said they were biased In
the matter.
The Jury being selected Solicitor II. P.
Helm, who represents the state, read
the Indictment to the jury. This charged
that Andrew W. Burgin while sheriff and
jailor of Jefferson county, having the
legal custody of one Frank Duncan, who
was convicted of murder in the first de-
gree, negligently suffered Frank Duncan
to escape.
The defendant was represented by At
torneys B. NJ. Allen and Lee Bradley.
After the indictment was read Attorney
Allen stated to the jury that the defendant
pleaded not guilty. That The affair was
one Of those unavoidable escapes that
happen now and then AID that the de-
PENDANT at the time of the escape was at
home where he had been detained for
over week by the illness of his wife
who at that time was not expected to live.
Solicitor Hehin then stated that the
state expected to show that the jail was
in charge of the sheriff's deputies and
that he was responsible civilly If not GRIM
inally for their actions.
Criminal to Certain Extent.
Attorney Allen said that II the solicitor
claimed that the sheriff was not GRIM
inaily liable that they might as we'll
transfer the case to the civil docket. The
solicitor explained that his contentious
were that the sheriff was criminally liable
to a certain extent. He could not be i'm
prisoned but could be fined
The defense to save time admitted the
averment in the indictment that Duncan
was in Jail under sentence OF death ard
that the sheriff was the custodian OF the
jail.
A. ]. Dye, one Of the three men who
escaped with Duncan and was subse-
quently convicted of burglary and sent
to the Pratt mines, was the first Wit
ness for the state. He was asked II he
was not under indictment for escape. He
said he was and was then Informed that
he need not answer any question or tcs-
tify to anything that might tend to GRIM
mate him. He said he would tell what
he knew. Proceeding, he said
Dye Describes Escape.
ION Monday morning, between 2:3o and
O'Clock Duncan escaped by filing the
bars away. I was in Jail at the time.
He was in cell No. that night. 1t was
locked by a single lock and the whole
row Of six cells was locked by lever.
He cut the lock off of his cell. I can't
say how the lever which opened all of
the cells was unlocked. Henry Ball was