The Birmingham age-herald., 1903-12-24
B|BB CASE IN THE
 HANDS OF THE JURY No Verdict Was Reached Last
 Night VERY LONG FELONY CASE Yesterday Consumed By Arguments of Attorney 3. M. Allen, Assistant Solicitor Winston And Writ
 ten Charge of the Court.
VERY LONG FELONY CASE

jury yesterday afternoon at o'clock. The jury retired for the night at about 1O:9o o'clock, no verdict having been reached.
 When this case was turned over to the iurymen there ended what has probably been one of the longest felony trials ever conducted in Jeffer- son county. The case has at tracted more attention in Birming- ham and even throughout the state than any non-capital case that has been tried in the local courts in many years. The interest in the matter has been un- usually great because of the large amount of money said to have been stolen, the indictment charging the lar ceny of $500.
 Yesterday was devoted entirely to the argument of B. M. Allen for the defen- dant, that of Assistant Solicitor Winston for the state, and the written charge of Judge Samuel Greene to the jury.
 Aliens Argument.
 Attorney B. M Allen made strong plea to the jury in behalf of the defen- dant. He confined his remarks largely to the confession made by Bibb and spoke of the weight such evidence ought to have.
 Has the state of Alabama reached the point, he said, where it must resort to such means as this to convict an inno- cent boy? This confession was made un- der circumstances worse than the old sweat box system.
 Imagine a young man taken away up there in that office; denied speech with his own blood relatives; denied the right to see his atorneys Remember that he had seen by the papers that his young brother was in jail He knew this would grieve his parents to death, and he re- solved to confess anything they wanted him to to save his relatives.
 As to Confession.
 "Why, a confession is no evidence upon which to convict a man. In every age of history people have confessed to crimes that never even took place. People have confessed to witchcraft when they knew 1t meant death and yet we know that there never was such a crime.
 This poor boy was taken up there and intimidated and cowed and browbeaten until he said what they wanted him to. You are not going to be biased by such evidence as this"
 Judge Allen laid great stress on the absence of signs In the dust of the ticket office windows. He maintained the phy sical impossibility of 8 mans climbing through there with money enough for two men to carry and net leave a trace on the window sills. In conclusion he said
 Self-Sacrifce.
 "whatever you may think of this boy, you know he has shown that he has the spirit of self-sacrifce; that he has sLown great fiial love and as the day of the nativity draws near, the glad Christmas time. the day when the whole world should be happy, if you can conscien- tiously do so, give this boy to his young life and to his relatives and friends"
 Winston Closes.
 Assistant Solicitor Winston closed the case for the state He summed up the evidence of the prosecution and made an unusually strong argument. In reply to arguments made by the defense that George was the guilty man, he said:
 These two men had been together for the last five years. They had eaten to- gether and slept together. Each knew the every act of the other.
 And you know there Is no man that would sell the good name of his father. his mother and his brothers for s375. They ask you to believe such a story az that You know Bibb was the guilty man him self or he never would have left Birning- ham because George gave him s3I5.
 'Bibb Is no boy. He is no fool. He worked for years with men on a fridge gang. He had been out in the w1rld and knew much more of it than most men twice his age.
 Spending Money.
 How do you suppose this unsophisti- the difference between good and evil, man. aged to spend 80 day for ten days in Nashvile?"
 Attorney Winston was especially severe in his condemnation of derogatory re- marks made by the attorneys for the de- fendant about some of the states wit nesses.
 He said 1t was unfair to take such an advantage of the situation and that c ,un- sel had no right to inject matters into out in the evidence.