The Montgomery advertiser., 1904-05-10

showed the coins to hfu1-
 On cross examination. Mir. Case testi ned that Captain w. H. Taylor brough the pictures found in the music stor to Mobile. He did not think they re sembled Russell or Driscoll. He ha, handled a number of pictures since h had been Chief of Police.
 At l:30 o'clock, the court recessed until 3 o'clock.
 MT. Hirschsr Testifies.
 When court reconvened A B. Hirsch. CT, co-manager of the Montgomery rheater. testified that on the morning of December g. he found his safe blown open. The safe was lying on one side. The lock was entirely blown on and hts papers were scattered over the floor. He also discovered that he had lost nine packages of s5 each oi quarters. 10 or 12 Columbian half dol lars. and two counterfeit silver dol lars In tin box he had about s20 fn nickels and dimes, also two packages of g each in nickeis taken for the Viola Allen performance and $50 in dollars for the Kelcey-Shannon per- formance. Some individual money was lost. Two wet plano covers were hung ! over the iron railing of his office and several over the safe. His contracts | which he kept in his safe were found NpStotIc. MI. TbCntT tutnL Lno packages of money. the Columbian halves. and commercials. Mr. Hirsch- CT left the store at 6 o'clock, having locked his safe.
 On oss-examination he testifed that he could not swear positively to the money packages. J. P. Moffatt. clerk at the Windsor Hotel, swore he saw Russell and Dris- coll on December '. They registered at the hotel and he assigned them to rooms. They remained at the hotel until the afternoon of December 6. On the morning of December 8. Driscoll his partner. He told him he did not know him.
 When he comes in tell him to come to the dining room" said Driscoii. All right. MT. Russell" Mir. Moffatt said
 My names not Russell It's Dris- coll" the man replied.
 We'll you must have changed rooms" responded Mir Moffatt.
 We did,' answered the stranger.
 Later in the day Mir. Moffatt said the men declared their intention to go to Viola Aliens performance.
 MT. Moffatt identified the pictures found in the Forbes store as likehesses of Russell and Driscoll
 Will Dodson, a negro. was recalled. He testified that he found a broken tool. A tool was introduced. but the negro could not positively identify 1t. The tool was found upstairs near the safe. A hammer and chisel were in- troduced and identified.
 Police Captain W. H. Taylor testi- fled that he saw DriscolI in the Mobile city prison two days later and saw the nfCfnra0 sell and Driscoll. The negative was much plainer in Mobile.
 On cross examination he could not swear positively that they were pic- lures of the men.
 A. B. Hirscher. on being recalled, tes- tifed that the picture was taken by him to Mobile. but he could not swear positively whose photograph 1t was. The safe that was forced was in the same office from which the Viola Allen tickets were sold.
 George Todd, safe expert, testified that a door introduced In evidence yaa taken from the dismantled safe of Hirscher Bros. and that the drill which Lacey found on Russell fitted exactly in the instrument found In Forbes's store.
 Pictures of His Brother.
 The defendant, Driscoll, wanted to prove by Russell that the pictures spoken of so frequently. were photo- graphs of his three brothers. On ind ing. however, that his injuries by jump- ing from the window, were so severe that he would be unable to come into court, this was waived and the defense closed
 One hour and fifteen minutes to the side was agreed upon for the argu- ments Deputy Solicitor w. Temple Seibels opened for the State. He was followed by w. W. Pearson for the de- fense. who was followed by Judge Rich ardson closing for the defense. Solicit tor Dent closed for the State
 Judge Thomas charged the jury at length and the twelve, men retired to the Solicitors office to reach a verdict. fate of Driscoll. When the jurors rap ped, Judge Thomas was communicated with and at once came to the court room.
 The familiar court form was ob- served
 "Gentiemen. have you agreed on a verdict?'
 We have"
 Let the verdict be read"
 We. the jury. find the defendant. AL bert Driscoll., alias Albert Duncan. guilty as charged"
 Judge Thomas prepared to dismiss the jury when Foreman Miller handed him a communication recommending Driscoll to the mercy of the court. The Judge assured the jury that 1t would have his earnest consideration.
 Russell will be tried this morning at 10 o'clock. if 1t is possible for him to be brought into the court room.
 Chief Case and Detective Lacey were A. testimony yesterday was preserved.