The Birmingham age-herald., 1904-09-24
MORLEY ON TRIAL
 IN HUN TSV|LLE. Important State Witness Joins
 Regular Army JAS. ARMS PRONG ARRESTED One Witness swears That He Saw Morley iny the Crowd When
 Fire Was Set to
 the Jail.
JAS. ARMS PRONG ARRESTED

Huntsville, September 23.-(Special)- The trial oe silas Morley. another of the alleged lynchers, charged with arson, has begun in the circuit court. The state has a very difficult case and so far. no wit nesses has sworn that he saw Morley in the crowd that started that fire in the jail. All the morning was spent in the selection of a jury but the work was not so difficult as in the Higgins case yes terday.
 Sheriff A. D. Rodgers was the first wit ness for the state. He testified that he saw parties making a fire on the cement floors of the jail but he did not remem- Der having seen the defendant Morley in the crowd of men making the fire.
 Sergeant w. M. Giles of Company F, stated that he was one of the jail guards and when the company was ordered out of the jail he walked down stairs with the sheriff. As he reached the bottom step, the defendant and two or three others tried to take his rifle from him, The witnes saw several men throw oil on the fire and others piled wood on it. Worley was the only man that he
 
 recognized among the number that tried to take the gun from him.
 Attorney Petty for the defense attempt cd to prove that the witness was pro- fessional witness but to this proposition Solicitor j'ettus objected vigorously ana the objection was sustained.
 Deputy Sheriff Ward testified that he saw Morley try to take Sergeant Giles gun from him, and he went to the ser geant's assistance and the crowd was un- able to get the weapon. The witness heard the defendant say, "Burn her down; let's have him." This was after the negro had jumped from the jail and had been taken to the court house yard by the mob, but Morley and his associates probably did not know it. Witness said he warned Morley to get our Of the jail and informed him that the negro was gone. Some people were billing wood on the fire, others were giving orders and many more people were just standing around doing nothing.
 Night Session Is Held. A night session of the court was held. w. F. Morley, brother of the defendant. swore that his brother was at home until after the time when the fire was started Reuben Gulley a prisoner in the jail, saw Morley in the crowd and appeared to bs only spectator. He did not see him 1T the jail and did not see him throw rocks at the fire in the evening.
 James Armstrong, young farmer, wal arrested this evening on charge of mur der, he having been indicted as one of th' lynchers. This is the eighth arrest Armstrong left during the session of thu grand jury and went to New Orleans, re turning to this city yesterday. ~.f IL. k<..r witnesses for the state, joined the regu lar army today after having been swori in as a witness and was sent to St. Louil this afternoon. Judge SpeaKe ordered hin taxed with a fine of $lo0 and stated tha | he would cause an investigation to b' made, and if any person was guilty o influencing John Jones to this course h' would be punished to the full extent oi | the law.