The Birmingham age-herald., 1903-12-22

fled as his property and as being the one taken from the safe containing his dia mond stud.
 B. M. Starks was next recalled, saying he had been with the Louisville and Nashville since 1876, that he had filled va rious positions, beginning with assistant agent and including agent, operator, train dispatcher, assistant superintendent and superintendent.
 He said the Louisville and Nashville was operating a road between Louisville and Nashville that they operated road between Nashville and Birmingham, but he did not know about the ownership. He further said that the Louisville and Nashville railroad was the owner of the Birmingham Mineral railroad.
 The state at this point offered in evil dence a copy of the charter of the Louis- vile and Nashville railroad issued in Ken lucky.
 MT. Winston announced shortly before 3 o'clock that the state would close.
 Defendant Begins His Case.
 The first witness introduced by the de- fendant was Tom White, travelling audi tor of the Alabama Great Southern rail- road. He said they checked up the union ticket office on the 18th, 1fth and 18th of May.
 He said that the auditors did not inter fere with Capt. Johnson on the 15 to such an etxent that he did not have time to deposit his cash for that day. He said the only reason that so long a time was taken in auditing the accounts was because it was such a large office; that there were no discrepancies to amount to anything. no more than is usual in such large of- flee.
 Solon Jacobs was next called. He testi- fled that on May 15 he was commercial agent of the Central of Georgia Railway company He said he was in Capt. John sons private office on the morning the larceny was said to have been commit ted, and that he remarked that nothing seemed to be disturbed and that the win dows did not show any signs that anyone had crawled through them.
 w. A. Quinn, travelling auditor of the Southern testified that he checked up the office on Thursday following the rob- bery and the shortage was about $650O. He also said he was in the office on the day of the robbery and saw no distur- bance in the dust on the windows
 Steve Wiggins on the Stand.
 Steve Wiggins said he was special agent on the window except the finger prints made by MT. Hunt; that he did not be- lieve a person could climb in at the win dow of the office and leave no traces.
 George Reed said he was ticket seller at the Union Station; that he saw no traces in the dust on the window and did not see how person could crawl through without leaving traces.
 Showings were next introduced by the defendant. The first was that of J. A. Mutt, travelling auditor of the Central or Georgia and setforth that the auditors did nothing to prevent Capt. Johnson from depositing the money on May 10.
 The showing of J. w. Harlan, special agen of the Louisville and Nashville rail road. set forth that the defendant made a careful examination of the ticket office immediately after the robbery and that there was no hole in the ceiling at that time.
 Georgie stuarts showing set forth that she knew w S. George; that soon after the robbery she saw him burning up lot of checks at her house and that he was spending money freely.
 H...oa,e Hours IrreduIar