The Montgomery advertiser., 1904-10-28
SLOW TRIAL
 OF RANDOLPH Counsel COnteSting Every Inch of Ground. WITNESSES ARE EXAMINED State Rested First of, Twelve
 Emb.zzlement Gases. Solicitor Dent Endesvor;ng to Prove That Former Probate Judge Drew
 Money from Bank with 'ntent
 to Defraud.
WITNESSES ARE EXAMINED

of ground. the trial of F. c. Randolph. ex- Probate Judge of Montgomery County, proceeded slowly in the crim- inal division of the City Court Of Mont gomery yesterday. The State com pleted its case yesterday evening and the court adjourned until s30 O'CLOCK this morning.
 The indictment under which the trial is in progress. charges that ID September. 1895, the defendant emoez- zled from the State Of Alabama ss'lo"- The averment Is that on the night be- fore his sudden departure for Central America. Judge Randolph drew Q check on the First National Bank of Montgomery for that amount, signing 1t in his official capacity.
 All of yesterday Was spent by Solic- itor s. H. Dent. conducting the prose cution for the State, in an endeavor to prove that this money was drawn from the bank with fraudulent intent. Diff ficulty was found in doing this. Every question to every witness, except in some cases the preliminary questions to secure the name and occupation of the man on the stand was met with objection by either the Solicitor or Judge John M. Chiffon. chief counsel thC uCtShC0.
 Technical Arguments.
 It Is not improbable that If the time spent in the asking una answering ut questions was summed up. the total amount of minutes would not be over fifteen, Each objection was followed by lengthy technical arguments by both sides. During these technical ar- guments the members of the jury read out of town newspapers, local newspa- pers being denied them by order of the court.
 A large audience was in the court room when Judge Thomas went on the bench at 9:So o'clock yesterday morning. Most of these were old were several in the court room who were in the battalion of cavalry of which Judge Randolph was Major du- ring the war between the States. These friends crowded the side of the court room where the accused was seated with his attorneys. An equally large delegation of curious citizens occupied the other side of the court room.
 Judge Randolph was neatly dressed and wore a flower in the lapel of his coat. He took more than usual inter est fin the proceedings and frequently called his counsers attention to dif- ferent citations on legal points. t The first witness called was G. W. Craik. paying teller of the First Ma tional Bank of Montgomery. from which Judge Randolph secured the $s,10o.. Mr. Craik simply testified as to the check. how 1t was signed and the manner in which 1t was presented by Judge Randolph
 Solicitor Dent then began his at tempt to prove that this drawing of the check was done with fraudulent intent.
 Governor Oates TestIHen.
 The second witness called was Gen eral William c. Oates, ex-Governor of Alabama, who testified that Judge had told him that he was $l5.O 900 behind with the State.
 T. l.. Sowell. State Auditor was called for the purpose of identifying books in the office of the State Auditor. The Solicitor by these books endeav- ored to prove that from quarter to quarter, Judge Randolph was short with the State and that his payments were always made several weeks be- hind.
 L. L. Bullock. who was commission CT for the sale of the old Williamson property. testified that he turned the money for this sale over to John Ran dolph, Chief Clerk in the office of Judge Randolph. Mir. Dent endeav- ored to prove that this money was un- accounted for but on objection from the defense, the entire testimony of the witness was excluded from the jury.
 At 1:SO o'clock the court recessed un- til o'clock.
 On the reconvening of the court much time was spent by counsel in conference.
 Judge J. B. Gaston. the present in- cumbent of the Montgomery County Probate Judgeship, was placed on the stand and testified as to Irregularities in the keeping of the Probate records in the case of Taylor against Taylor.
 w. R. McDade. a clerk in the Pro bate Court. testified to similar condi- tions.
 Some time elapsed before another witness was put on the stand. The State requested that T. l.. Jones be summoned and a deputy was sent for him, In the meantime the court wait ed. When Mir. Jones finally arrived he testified as to alleged Irregularities In the keeping of the records.
 Throughout the day the efforts of MT. Dent were directed to prove that for some time Judge Randolph had been systematically defaultinR ana from quarter to quarter, the shortage grew.
 The State rested It's case and cont adjourned at b:So o'clock yesterday af. ternoon until s:S0 o'clock this mornIne when the taking of evidence will again be resumed.