The Montgomery advertiser., 1904-09-23
HIGGINS IS
 ACQUITTED State Was Unable to
 Make Case. AN AFFIRMATIVE CHARGE Verdict Returned Without
 Jury Retiring. Evidence Was That Defendant Seized Keys to Jail, But Nothing De-
 veIcped as to the Actual
AN AFFIRMATIVE CHARGE

first of the alleged lynchers indicted by the grand jury last week was &C., quilted in the Circuit Court tonight. Thomas M. Higgins. the hotel man, who has been in Jail week, Is now free. the State having failed to make out q case against him.
 A night session of the court was held and immediately after assembling Law renee Cooper, attorney for the defend- ant, moved to have the indictment auashed. Before argument on this matter went any further. the judge directed the jury to retire from tho room. Mir. Cooper then argued on his motion and claimed that not a singls charge against the defendant had been sustained, and there was no evidence connecting him in any way with the mob.
 Solicitor Pettus objected to having the indictment quashed. and asked the court to allow the jury to decide the case since it had heard all the evidence of the State and most of that for the defense. After argument of an hours Judge Speake recalled the jury and fn- structed them if they believed the eyi. dence to return a verdict of not guilty.
 Without leaving the jury box, this verdict was returned according to in- structions. and the defendant was re- le66eQ. lucT6 tWdS AtO oChttHStA 1tfctA in the court. However. Higgins is be- ing congratulated on all sides.
 Ugly Rumor Arises.
 An ugly rumor was on the street this afternoon to the effect that two of the jurors on this case had expressed them- selves in sympathy with the mob on the night of the lynching and had per- jured themselves to get on this jury. Solicitor Pettus had his attention called lx.Nn Aa4 4n vaa E A a investigation, but the matter may De dropped since the trial resulted as 1t did.
 c. H. Lowe was the first witness for the State when the trial began this af- ternoon He testified that he heard the defendant say. If the mob had hvs good men they could get the negro out of the jail"
 in town on the day of the iynching, having been brought here to identify the prisoner Naples as the negro whd was riding with MT. Waldrop on the evening of the murder. He took dins ner at the Stegall restaurant. of which Mir. Higgins Is manager, and heard hfr say:
 f''If they had twelve good men they could get the negro out of the jail" Witness did not see the defendant al the jail during the riot.
 Higgins Took Keys.
 H, Giles, taller of Madison County testified that the defendant aRd some other parties came into theS98il dur. ing the riot and demanded the keys of him. He said that he did not have the keys. They then seized and held him while one of them searched his pockets and took out a bunch of keys. which proved to be the wrong ones. The crowd went through the jail look ing for the negro, Naples They did not believe him when he said that nc had turned him loose.
 The defendant told the members of his party not to hurt Mir. Giles. but one of them cursed him and called him vile name. When the taller turned the keys over to the crowd, he said. the defendant promised to be respon- sible for them.
 The jailer told how Naples got out of the cell and was enabled to jump out of the window into the crowd He said that rather than have the negro lynched he decided to turn him loose. He unlocked the negro's cell and told him to get away if he could and the last he saw of Naples he was going through a door. The jailer testified as to the damage in the jail caused by the fire and said several iron doors were warped out of shape and all ot his kitchen and dining room furniture had been destroyed.
 Douglas Yancey testified that while walking on the street on the day fol- lowing the lynching he heard the de- fendant state that he had held the taller while some other man ran his hands through his pockets and got the keys.
 Edwin Taylor testified that he saw the defendant three times on the night of the lynching in the vicinity of ths jail. He heard somebody say that Rig gins had taken the keys from the tailer. and turning around the witness saw Higgins smiling. That was half hour before Taylor saw the negro jump from the jail window.
 Dr. W. c. Wheeler was the first witness for Ste defense. He testified that he saw Higgins two or three times during the excitement and he appeared to be no more active than an ordinary spectator. When the witness went to the jail to see the excitement. he ask ed Higgins what was being done ana the defendant replied:
 'I don't know what they are doing, but I regard the whole thing as damned outrage"
 pr. Wheeler went around on Greene Street and returning later saw Higgins again and the defendant told him the mob had fired the jail and If somebody did not go in and put out the fire some of the prisoners might be burned to death or smothered.
 Sam Latham testified that RigginA was in the restaurant when the mob reached the sentry line leading to the tail. The defendant told the witness that he would do anything to get the Drtsopers ont of the jail away from harm.
 Lucien Lowry stated that he saw Higgins after the hanging and told him about 1t and Higgins was sur prised to learn of 1t.
 W. H. Benson. F. NJ. Bennett. Rob- ert Wade. :. M. Hampton and several others testified as to the defendants