The Montgomery advertiser., 1904-10-30

guilty. c. F. Dove.
 Foreman. .''
 In these words jury In the crimi- nal division of the City Court of Mont gomery, shortly after 10 o'clock yes- terday morning, disposed of the first of the twelve cases of embezzlement against Francis c. Randolph, former ly Probate Judge of Montgomery Coun- ty who is accused of defaulting on March Is, 1895.
 Immediately after the jury returned this verdict Solicitor Dent dismissed five of the embezzlement cases. in which Judge Randolph was accused of embedding funds of the County or in- dividuals, and the other six cases against him were passed over until November Is when they have been set for trial. The six remaining cases charge Judge Randolph with either embedding money from the State or from individuals or estates.
 The case which resulted yesterday in an acquittal charged Judge Randolph specifically with embedding $9,100 from the State. as Probate Judge of Montgomery County.
 Stood Eleven to One.
 The jury of which c. F. Dove was foreman retired Friday at 1:30 o'clock to consider its verdict. It Is under stood that the jury stood eleven for acquittal and one for conviction from the outset and the twelfth man finally yielded to the judgment of the ma Jority
 About g o'clock yesterday morning the jury entered the court room and sought information from Judge Will liam H. Thomas presiding over the court as to a specially written charge which the court had admitted from Judge J. M. Chiffon. senior counsel for the defendant. This charge was in effect that if the jury found that Judge Randolph had made a settlement in full with the State on January 1. 1895, as had been required of him by the Governor. and subsequent to that date had not. as Probate Judge, re- | ceived any funds of the State then the defendant would be found not | guilty. It was found that Judge Chil- | ton had made a clerical error in writ ing the special charge and this had confused the jury. Judge Chiffon was permitted to correct the error and the | jury returned to it's room
 It Is said that the jury reached it's verdict of acquittal mainly on the special charge as no evidence had been deduced to show that Judge Randolph received any State funds between Jan uary 1 and January 15, on which date he. left Montgomery.
 The court was in the midst of ar raigning felonious prisoners and set | ting their. cases for trial, when the | Randolph jury announced that 1t had reached a verdict. Judge Randolph | and his counsel were in the court room but few spectators were present The jury preceded by Forman Dove, filed into the court room and Foreman Dove handed the verdict to the clerk who read it to the court
 Judge Randolph Speaks. | Before Judge Thomas discharged the | jury Judge Randolph was granted per- mission to make an address to the jury. He spoke briefly and in a voice broken with emotion. He said that he was deeply gratified at the result Of the trial but that he was too full of the sentiment to auequately express his feelings.
 Those friends of Judge Randolph | who were in the court room crowded around him and shook his hands cor dially.
 Shortly after the jury had been dis | charged Solicitor Hugh Dent, address, ing the court, said that he would sug- 1 gest that in view of the fact that the case against Judge Randolph, just disposed of, was the strongest case the
 
 that he had selected as impartial a jury as could be organized, that the remaining cases against Judge Ran dolph be mol pressed or that Judge Thomas take time to consider the ad- visibility of doing so.
 Judge Thomas made inquiry as to | the nature of the remaining cases and what the State expected to prove. So- | licitor Dent said that as to the cases which accused Judge Randolph of em- bezzling County funds. he thought it would be impossible to present the proof. The report of the special ex- l aminer who investigated the books had been lost he said. He had re- | quested the County Board of Revenue | to employ an examiner to re-examine the books and accounts and the Board | of Revenue, he said. had declined to do so by a vote of 3 to 2 These things. he said, made 1t next to im- possible to proceed with the trial of the cases which accused embezzlement | of County revenues.
 Judge Thomas thereupon entered | mol presses in four cases as to County funds. A mol prosse was also entered in the case which alleges that Judge Randolph embedded funds of the Will liamson estate after Solicitor Dent had said that this case could not be proved.
 The six remaining cases were passed and 1t was announced that they would be set down for trial on November l5.
 CAPITAL CASES SET,