The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-06-30

people of Birmingham will have cause
it is thought, to feel proud of Trotwood
park.
Expressions OF admiration were heard
on all sides yesterday. Judge A. A. Cole
man said: 1.-THE view from the veranda
Is the most magnificent in the state. It
is an ideal place for a pleasure resort for
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jury asked several questions about the
diagram, and the court explained that
they were not to take the diagram as evil
dence. but that the drawing was simply
to show the localities as they existed in
Witness Dyar.
II want to show you from this diagram,
gentlemen of the jury" said Capt. White,
that the testimony of the witness Dyar
is not true. Gentlemen, knew Bedford
Forrest personally, and followed him in
his fights. and he was the most courage
GUS men l ever knew. And yet with all
his courage l never saw Forrest walk
out on the firing line unarmed and stand
there
That is what Dyar said he did. He
walked into the hotel to get his mall step
ped around the corner. saw flashes from
pistol turned almost toward him and
yet he stood there and looked on. He had
no friends in the fight was absolutely a
disinterested spectator and yet he stood
there In front of the firing. Then when he
saw Lathem stagger across the floor
wounded, he had no more curiosity. He
turned toward First avenue bought a
cigar and went down First avenue on
businessl Now is that reasonable2"
Captain White then took up Dyars
testimony in detail, reading from the
stenographic report to show contradic-
tons about what Dyar says of the drec-
tion Lathem was facing during the shoot
ing. He also devoted some time to Dy-
ar's statement that something on the
floor looked like a barrel hoop.
'Dyar says Wise left the hotel first"
he continued. "And yet every other wit
ness has testified that Havis went first.
Morrison was standing right across the
street, saw IIavis come out but did not
Wise at all. Dyar don't know just how
far Wise was ahead of Havis. There 1t
is. He won't be definite about anything.
And that is the most conclusive proof in
the world that man Is a liar. Give me
a man with firmness and decision like
Paul or the sainted Stephen. Yes, gem
tlemen of the jury. In my judgment he
lies.
He says Wise was standing under the
steps from the ladies' entrance. There
= he
was lying and that he was not there.
He also said that Wise was on the right
of the firing line. Would you hang boy
on such testimony as that? Without his
testimony the prosecution realizes that
they are utterly routed. that they are
hopelessly defeated.
"Dyar later remembers the lesson he
had been taught and he saw Judge
Banks hair getting little more au-
burn, so he says that Clifford was stand
ing at the iron post of the elevator where
the elevator goes upl Yes, where the
elevator goes upl You are not to con-
slider whether the elevator comes down
there or not, but Dyar has said that that
is where It goes upl If you decide to
send this boy to the gallows or to make
him wear stripes remember that Clifford
was standing at the elovator-where the
elevator goes upl'
At u 80 o'clock court adjourned, captain
White not yet having finished.
At the afternoon session he continued
the analysis Of the testimony of Witness
Dyar.
Why Brooks Deposition Wasn't Taken
Regarding the question of the prosecu-
ton as to why the defense didn't take
Mr.. Brooks deposition. Captain White
quoted from the criminal code of Ala
bama, showing that 1t would have re-
quired at least ten days to take 1t, where
as the defense had no notice that there
ever was such man until Mr.. Dyar told
about him on the stand.
II appeal to you. gentlemen, as reason
able men," said Captain White, whether
II is probable that Dyar saw such thing
as this killing and didn't mention 1t to a
living soul for month afterward, as he
testified You had 1t brought out in the
evidence that he told Tom Case the very
next day, according to Frank Leonard
that he knew nothing about the killing
and was trying to find out something
about 1t.
Now then, with Dyar's testimony elm
mated you will find the prosecution Is abb
solutely without case. The only other
witness that gives them the slightest ex-
cuse for a case is Hogan. But let us con-
slider the testimony of Jim Vassar first"
vassar's Testimony.
Captain White then analysed the testi-
mony of vassar, which showed that he
was standing In the lobby within a foot
Of the Mushroom door. and says he did
not see Hogan come through the door
with Mitchell. nor did he see Mitchell
catch Hogan's arm and say. Look out"
Considerable time was devoted to the
testimony Of Hogan to show that II Dyar
had been correct about the positions Of
the participants in the fight Hogan could
not have seen them, and vice versa.
Case In General.
Now, gentlemen, have devoted a
good deal of time to these two witnesses. .
said Captain White, but thought 1t was
necessary in order for you to see what
kind of witnesses they were bringing in
here. Let's discuss the case In general
way. What is your case? You charge a
conspiracy How do you prove it? You try
to prove it by the fact that Havis and
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