The Birmingham age-herald., 1904-09-23
COURT DISCHARGES !. THOMAS M HIGGINS
  Evidence Fails to Connect Him
 With Lynching. KEYS TAKEN FROM JAIL ER Judge speake, After Hearing Arsu- ments, instructs Jury to Find for the Defendant-Many Wit
 nesses Examined.
KEYS TAKEN FROM JAlLER

Huntsville. September 22.-(special.)- The first of the Alabama alleged lynchers indicted by the grand jury last week was acquitted in the circuit court tonight. Thomas M. Higgins the hotel man. who has lain in jail a week, is now free, the state having failed to make out case against him. A night session of the court was held, and after assembling, Lawrence Cooper, attorney for the defendant moved to have the indictment quashed.
 Before argument on this matter went any further the judge directed the jury to retire from the room. MT. Cooper then argued on his motion and claimed that not single charge against the defend ant had been sustained, and there was no evidence connecting him in any way with the mob. Solicitor Pettus objected to hav- ing 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 the defense. After argu- ment of an hour, Judge Speake recalled the jury and instructed them if they be- lieved the evidence to return a verdict
 
 of not guilty.
 Defendant Is Released.
 Without leaving the jury box this yer dict was returned according to instruc- tions and the defendant was released. There was no demonstration in the court room. However. Higgins Is being congrat- ulated on all sides.
 An ugly rumor was on the street thip 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 perjured themselves to get on the jury. Solicitor Pettus had his attention called to the rumor and intended to make full in vestigation, but the matter may be dropped since the trial passed as 1t did. l 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 five good
 men they could get the negro out of jail.'
 WilMsm enny testified that he was in
 town on the day of the lynching, having
 been brought here to identify the pris- oner, Naples, as the negro who was rid fl g with MT. Waldrop on the evening of the murder. He took dinner at the Ste gall restaurant, of which MT. Higgins is
 manager, and heard him say: If they had twelve good men they could get the negro out of jail" Witness did not see the defendant at the jail during the riot.
 Demanded the Keys. E. H. Giles. jailer of Madison county, testified that the defendant and some
 other parties came into the jail during the riot ana 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 looking for the negro, Naples. They did not believe him when
 he said he had turned him loose. The defendant told the members of his party , not to hurt MT. Giles, but one of them cursed him and called him vile name. When the jaier turned the keys over to the crowd, he said, the defendant promised to be responsible 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 negros cell and told him to get away if he could, and the last he saw of Naples he was going through 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 of his ktch- en and dining room furniture had been destroyed.
 Douglass 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 the jail. | He heard somebody say that Higgins | had taken the keys from the jailer and | turning around the witness saw Higgins
 smiling. That was a half hour before Taylor saw the negro jump out of the | jail window.
 Witnesses for Defense. l Dr. w. G. Wheeler was the first wit | ness for the defense. He testified that l he saw Higgins two or three times during | the excitement and he appeared to be | no more active than an ordinary specta- | tor When the witness went to the jail | to see the excitement, he asked Higgins what was DelnB uont, anu tne uelenu- | ant replied: "I don't know what they 1 are doing but I regard the whole thing as | damned outrage" Dr. Wheeler went | out on Green street and returning later | saw Higgins again and the defendant 1 told him that me 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 Higgins was
 in the restaurant when the mob rushed | the sentry line leading to the jail. The | defendant told the witness that he would l do anything to get prisoners out of the | jail away from narm. Lucien Towry stated that he saw Higgins after tho
 hanging and told him about 1t and Rig ! gins was surprised to learn of 1t. 1 w. H. Benson, F. NJ Bennett. Robert l Wade, J. M Hampton and several others 1 testified as fo the defendant's good char