The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-05-31
SHERIFF BURGlN NOT
GUILTY OF NEGLIGENCE
Continued from Fifth Paee).

y S11H : - -s-l :. ~.
ITALIA. VanHorn has also been recaptured
In that neighborhood
"where are you living now, Mr.. Dyer
II am a resident of Pratt City, Slope
No q"
How long do you expect to remain
there7'
i've got a lease for six years"
Continuing, Dye said that lights were
kept burning all night in the jail About
the time they changed watch" said he,
the jailers would come around and see
If everything was locked up. None of the
locks were actually examined. They just
looked around to see If everything was
all right. Mr.. Minis came around that
night about o'clock. l think he shook
the levers. we were playing poker in our
cell and remember we invited him in to
take hand
"Our lock had been sawed off early in
the evening while they were locking up.
1t had been nearly sawed through, so that
1t required but little saving to get 1t
off Ordinarily they can be sawed
through in about two minutes. The lock
on the yard gate had large tongue and
1t took about seven minutes to saw
through this.
Sanu to Violin Music.
81 was singing while Billiard sawed off
the cell lock. VanHorn was playing the
violin. Some of us were playing poker.
Ibid you serve any refreshments?
mo SIR" said the witness, smiling,
I'VE were just having a general good
time"
How old are your
IT will be 20 this month
Are you an expert in the use of saws?'
Yes, sir
as it not customary for prisoners to get
out Of jail If they once get hold of saws?'
YES, sir. / think they can get out OF
any Jail. 1 have seen saws in Shoes cuff
buttons, the hollow of heels, etc"
There is no possible way to keep these
| things out of Jail, Is thereT'
mo, SIR"
rYou state that on your professional
integrity"
Eyes, SIR" 0aughter)
when do you expect to leave Pratt
city,"
"At first opportunity Oaughter)
us A. J. Dye your real name?'
THAT answers here" said the witness.
He also said that he formerly lived at
1923 Gilbert avenue. Walnut Hill, Cincin-
natl, his fathers residence.
School Teacher Testifies.
Beauregard Hall. the Guntersville school
teacher who is serving a sentence i'm
posed on being convicted on a charge
brought against him by one Of his pu-
pills, was the next witness He testified:
Il was in prison In the county jail the
night Duncan escaped. l was in cell on
the same side of the jail as Duncan.
There were no officials In the Jail eorri-
dor. Andy Sumner and Lon Stewart
were inside the Jail, and John Higgins,
another TRUSTEE locked up the cells that
night Bullard assisted him lock us up
until his cell was reached, when he went
inside and Higgins locked him up"
On crtts-examination he described the
interior of the Jail, saying it was very
strong, and explained how each cell had
a lock and how each row of cells was
locked with an iron lever He said he
had been in jail about three months, and
that no one was allowed to see Frank
Duncan but his attorneys. He heard no
| unusual noises the night of the escape.
| Albert Stradford, chief deputy sheriff
testified that at the time Duncan was
convicted and returned to Jail that the
jail was safe and In good condition. The
night of the escape Mr.. Ball was In the
warden's office and Mr.. Morrow was II
the next room to the sheriffs office ir
the courthouse, where he could be awak.
ened by an electric call. There were nc
deputies inside the jail proper. He said
| the county was not at that time payins
for two extra guards for the Jail. The,
had had extra guards to watch Miller
but they had been paid only up to June Is
Home With III Wife.
| On REORGANIZATION, he said that al
| the time of the escape Mr.. Burgln was
| at home with his wife, who was i'll, and
| that he was in charge of the sheriff's of.
flee. Since September, 1896 he had beer
| In the shertff's office, having served un.
| der Sheriff OBrien. He said he haC
| known Warden David Minis all his life
and that he was a competent Jail guard
He had also always considered Mr.. Bal
as thoroughly competent man for hi.
position. Extra guards were kept inside
the jail from the time the Supreme Cour
approved the death sentence of Franz
Miller until his execution. This had beer
the custom of the office. He explained
the electric call to wake up Mr. Morrow
| In an emergency and said he examined
the Jail the night of the escape. He wen
| through the colored jail and looked int,
the white Jail, but saw nothing unusual
Sheriff Burgin he said had paid on
of his own pocket for the hire of extra
| guards about $3.50. He told of the reward
of $500 offered for Duncan's arrest ant
of the efforts to recapture him and the
distributing of 100000 circulars He said
that he had visited several of the jails
| in the state, and that the precautions
| CO., -