The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-09-22
Higgins Case at Huntsville Con-
tinued Until To-day
MAY OPPOSE THE MILITARY
Birmingham Troops VIII Remain
During Present Term of Court.
Trouble Is Feared When
the Men Leave.
BY FRANK Il. BELL.

6r TtfAlNN AZ RGGIs
Huntsville, September 2l.-(speeial)-
The trial of Thomas w. higgins accused
of murder in connection with lie lynch
ing of Horace Naples was begun today
and the jury has been drawn. About
four o'clock the court adjourned until
tomorrow morning at 10 o'clock when 1t
will be again taken up If two witnesses
for the state have returned to the city.
Quite a little sensation was caused in
the court this morning when the trial
its witnesses and two of the four had
failed to arrive. 1t was stated that they
had left the city and the state announced
not ready unless they could be found.
Court adjourned until two o'clock this
afternoon and 1t became rumored about
or that nothing was heard from them
the prisoner would be sent back to
jail and probably to Birmingham for
safe keeping
AS soon as this became known both Of
the witnesses were heard from by tele-
81 aPli anu tue IOdiL Ac~cOilfNheu az WV
o'clock and the jury was drawn on the
strength of these telegraL.s.
May Come to Birmingham.
Judge Speake stated that he would not
under any circumstances proceed with the
trial unless the witnesses could be had
and while he did not make this announce
ment to send the prisoner to Birmingham
for safe keeping in open court. he did
make such statement unofficially, and
II was this that lead to tie hurried find
ing of the witnesses.
The defense seems anxious for the trial
to proceed and seriously objected to any
postponements offering its aid to find the
witnesses.
The jury chosen was as follows: Rob-
ert Hughes, farmer; George Hereford
farmer; d. II. Turner. farmer; A. j.
Mcdowell, farmer; G. L. Vaughan, black
smith, w. r. Robinson, clerk; A. d.
Sharp, farmer; l. d. Acull, farmer; M. j.
Sibley, farmer; BIZ Stiles, farmer; James
Latham, farmer; j. II. Lathem, farmer.
There was little trouble in selecting the
jury, neither the state nor the defense
using all of its challenges.
In the court room appeared the wife
mer being seated next to him and on the
opposite side from his counsel She re-
mained until the court adjourned.
Will Remain Through Term.
It has been definitely stated by Judge
Speake that the soldiers will be kept
here until after this term of the court
which lasts through next week. The con-
duct of the public during the trial will
dato uvh ha militia iS IN
main after that. The conduct of the
people in the court room today was ex-
cellent, and there were no threats or evil
dences of any trouble. The court room
was packed with people, many of whom
were farmers and countrymen.
Solicitor Pettus was very rigid in his
examination of the witnesses, the mos
important question he asked them being
.Would you convict a man who commit
ted murder by being a member of a mol
which lynched or hung a man." and in 8
majority of the cases the answer was
yes" Some, however, stated that they
would never convict a man who lynchec
a prisoner who criminally assaulted {
woman.
AS long as the military remains her'
no trouble is feared, but the general opin
ion among the citizens is that trouble Il
liable to occur as soon as the militis
leaves. lnlS Is eApecleQ lOi tic itoo'i
that the chief of police and the sheriff
have been so severely condemned by the
grand jury and that the entire sheriff
force and police force are dsorganizeC
and not in good standing, with the pos
sible exception of Deputy Sheriff Ward.
Military Not Welcomed.
The members of the military company
are nor welcomed here as might hav'
been expected, and the feeling agans
them is daily growing stronger and mor'
| marked As long as the company Is her'
| Captain Brown is complete master Oh TN
situation and no trouble is expected, bu
after the company leaves many fea
| trouble Feeling is being expressed
against the members OF the grand Jur'
which found the true bills and returned
the recommendation of impeachment
the sheriff chief of police and mayor, ant
| the latter has openly attacked the ReV
| Frank p Culver, member OF the gran
Jury. and one of the leading pastors o
the city
On the night of the lynching DR.. Culve
| suggested to the mayor that he set nre I
| small, unoccupied shack across Tn
street from the Jail and thus secure
excuse for the fire department to respon
and give it the opportunity to extinguis
/ tho fire In the jail. The shack Is empty
| ~--
could burn, therefore the preacher sug
eested this idea, thinking it might CIV
| the fire department chance to get to tn
| Jail.
The mayor now charges that this wa
| an attempt to incite the mob spirit, an
| that II would have had such an effect.
Sentiment Is Divided.
This is typical of the feeling aGains
the members of the grand jury and tn
feeling grows with each day. The sent
ment is about equally divided in com
mending -he grand jury for its brave aC
| tion and criticising it for such sever
arraienment of the friends and acquair
tances of so mary of the members.
seems that the best citizens side entirel
with the grand jury. while the wors
element are against its action.
The members of the board OF inquir
left here this morning and tonight the
| will complete their report in Birmine
ham. after which 1t will be sent to Mont
gomery to the governor. 1t Is though
that the court will personally present II
report as the members Of the court will
| in Montgomery Thursday or Friday.
There seems to be a decided differenc