The Birmingham age-herald., 1904-12-21
The indictment.

Solicitor.
 The bond of the defendant was agreed upon and approved after the defendant returned to Jefferson county. The bond was fixed at s9o00, and 1t was approved March 1, 1904, by the sheriff of Jefferson county the following names being at tached to the bond: Thomas J. Cornwell, E. A Little, o. W. Watson, J. Jaffe. Louis Forst, J. W. Carter, j. 8. Winters. W S. Edge, w. D. 1 Eidge, W, F. Sauell, J. c. Burgin, J. J. Collins, Edgar l.. Mitchell J. Marks, Sam Durin, Sam Erliek. II. Goldberg, J. H. Williamson, Sam Lefkoyits and James Kernan.
 On Admitting Testimony. Several hours were consumed in hear ing the arguments pro and con. relative l to admitting the testimony of Dr. r. r. Young. Just as the morning session was coming to a close Judge Jackson sp stained 1 the motion to admit the deposition as a whole.
 However, when the afternoon session 1 commenced at o'clock, Attorney Scott presented the following. State of Alabama vs. Thomas J. Corn
 well. City Court of Bessemer.
 "Comes the state by it's solicitor, and | or exclude the answer Of the witness, F. F. Young, to interrogatory six, and as | ground of motion assign the following:
 T. The said answer to the said sixth I interrogatory is not responsive in any way to the interrogatory, in that 1t Is scientific basis, and is not based upon 1 hypothetical questions or responding to the hypothetical questions propounded.
 '2. The answer is in no way relevant to the issue, in that 1t fails to respond to the question.
 l gestive way and not as a direct answer responding to the question
 A. The answer Is framed and based upon the opinion of other medical ex- perts and printed books. and not upon l the opinion of the witness, from his own 1 experience and observation as a medical expert.
 The state moved to strike and rule l out and exclude the witness answer to the seventh interrogatory, and as grounds | Of the motion set down and adopt all the grounds as set down and adopted l by the state to answers in the sixth in terrogatory
 Comes the state and moved the court | to rule out, strike out and exclude the | answers to the eighth interrogatory and as grounds of motion assign and set down l all of the grounds set down and assigned to the answers to the sixth interrogatory. Comes the state and moves the court l to strike out rule out and exclude the answers to the ninth interrogatory, and as grounds, adopts sets down and signs the same grounds set down to the answers te the sixth interrogatory.
 Tenth Interrogation.
 "Comes the state and moves the court | to strike out, rule out and exclude the answers to the tenth interrogation and as grounds of motion adopts, sets down and assigns all the grounds set down, and assigned to the answers to the sixth 1 iuterrogatory.
 "Comes the state and moves the court 1 to strike out the answers to the eleventh | interrogatory and as grounds, adopts, sets down and assigns all of the grounds set down and assigned to the sixth in- terrogatory.
 "Comes the state and moves the court to strike out, rule out and exclude the | answers to the twelfth Interrogation, and | as grounds of motion adopts, all the an- swers to the sixth interrogatories.
 "Comes the state and moves the court to strike out, rule out and exclude the answers to the thirteenth Interrogation and as grounds of said motion sets down | and adopts and assigns all the grounds
  | terrogation.
 "Comes the state and moves the court | to strike out rule out and exclude the | answers to the fourteenth Interrogation and as grounds of motion adops and assigns all the grounds assigned to the sixth interrogatory. I (Signed) 'L. D. GonFREY. Solicitor" l Captain White and Attorney Smith ba tha motion of the state. While the arguments were being carried on the jury by in structions from the court, retired.
 Court overruled Motion. 1 After hearing from the solicitor at l length the court oyerruled the motion of the state.
 At 3:20 o'clock the jury was brought back Into the court room by Deputy Sheriff Fountain.
 "A number of our witnesses are ab- sent" said Solicitor Godfrey The court: Gan you proceed without them.'
 Solicitor Godfrey: "I suppose we can.'' The witnesses for the state were then sworn by the clerk of the court. Attorney Scott: "There are number of books we would like to have in court. I understand these books are under lock and key We will telephone to MT Stew enson to bring them up.' The court "He should be here. Solicitor Godfrey: Your honor, he was here this morning.
 The court: Well. he should have re- maned here"
 A few minutes elapsed and Attorney Scott returned and announced to the court
 '.The books are in the office of Colonel Godfrey and we would ask the indulgence of the court for few moments"
 The court: "All right. sir"
 Neither side asked for the rule with reference to witnesses remaining in the court room.
 Attorney Smith objected to the solicitor reading the indictment to the jury upon the ground that the true bill returned by the grand jury was not properly num- bered in accord with the trial docket of the court This point came somewhat as a surprise For a half hour or more the attorneys on both sides argued the motion.
 Up In Birmingham. 1 Captain White: Up in Birmingham we take up cases according to the trial dock ct"
 The court: Well. we will not be gov erned in Bessemer by the action of the courts in Birmingham" | Judge Jackson sustained the objection made by the defense. We will proceed with the trial on the first indictment" announced the court.
 Solicitor Godfrey: ''We would like to confer few moments if the court | pleases'
 Captain White: We have no obiec- | tion.'