The Montgomery advertiser., 1904-05-10


 Montgomery.
 Their first effort to be released iron custody was through application fo writ of habeas corpus on the groun, that they had been uniawfully takel from Vinegar Bend.
 1 The second attempt for liberty wa made In saving out of their cells. Tn work was discovered by Jailer P. M McLemore just as the job was nearing completion. The last attempt was tn sensational leap for liberty by Rus sell yesterday.
 When the cases against the safe blowers were called yesterday morn ing at 10 o'clock, a large crowd throng ed the court room. Russell and Dris coll occupied seats with their counse | and were guarded by deputies. Botl men have grown boards since their sta, in Montgomery. Russell has developed full beard of bright red hue. The following jurors were empan elled: T. B. Duncan, A. J. Miller, J. P Harrison. G.. A. Miller H. Levystein W. M, Dandy. W A. Fries, R. E. Fan min. H. S. Hammond, J. H. Cannon Milton J. Culp. Daniel Martin.
 Men Granted Severance. Judge Terry Richardson, counsel fol the defendants. immediately asked fol a severance of the cases. It was grant ed by Judge Thomas. - The witnesses were called and ovc- an hour was consumed in consultation The State then announced ready, elect. ing to try Driscoll first
 The defense entered a plea for con tinuance on the ground of lack of tu. risdiction of the court and the pending appeal in the Supreme Court of Ala bama on the habeas corpus proceedings in the Circuit Court. The same ground the unlawfulness of the transfer of tho prisoners from Vinegar Bend to Mont gomery, was set up.
 The plea was overruled by Judge Thomas and the defendant excepted.
 The case then went to trial. The ex. animation of the witnesses was tedi- ous on account of repeated objections by the defense that the doings of Dris- coll were Invariably coupled with those of Russell, the defense pleading that Russell was not on trial. The State answered by arguing that 1t was in- tended to prove a conspiracy and the names must. therefore. be coupled.
 The first witness called was Will Dodson, a negro porter for the F, E Forbes Company Dodson testified: that he was with MT. Pollan to open the store on the morning of December S. When he went up stairs to clean up he noticed the safe had been blown open and ladder hung down from the sky light. Broken glass covered the floor He was in the store the night previous and there was no ladder on the second floor. nor was there broken glass on the floor
 On cross examination he testified that he could not swear that the skylight had not been broken previously but he did not think 1t had as there had been no leak in the skylight.
 On redirect examination he testified that he found some little caps and tubes around the safe.
 Eugene Allen. negro. worked for E. E. Forbes during the month of Decem- Der and closed the windows of the store tho night previous to the burglary. He was at the store when 1t was opened the next morning. Mir. Hirscher's safe (the Montgomery Theatrel was upside down and both safes upstairs were bad ly broken. The cash register was in the rear of the store and 1t should have been in the front. The rear door upstairs was open. It was closed the night be- fore with a bar. The bar was unin- jured.
 Louis Hamburger. the next witness. swore that he closed the store of the F. E. Forbes Piano Company the night of the burglary. The porters closed the door upstairs with a bar. He arrived at the store at 7:30 o'clock in the morn ing and saw the Hirscher safe blown open and the Forbes safes badly disman- tied. The cash register had been moved in the managers office and should have hepn in the front mart of tho sfnra ladder hung from the skyiight and every thing was in confusion. The ladder was not the property of the Forbes Piano Company Wet piano covers were wrapped around tho safes
 E. E. Pollan swore he opened the store of the E. F. Forbes Plano Co.,, on the morning the burglary was discov- cred. He first noticed the cash regis ter had been moved into the managers office. The drawer had been taken out and papers were scattered about The safe of Hirscher Bros was blown open. It was covered with piano GOV CTS and small change was scattered over the floor. The safes upstairs had also suffered from an attempt at rob- bery. He noticed the ladder resting from the second skylight but had new CT seen 1t before.
 Dumpsey Buckner. a glazier, testi- fled that he repaired the glass in the skylight of the Forbes Piano Co.,. on tho morning the burglary was discov- cred. The size of the broken glass was 24x26. Only a rough edge of glass was on the roof over the skylight. The putty had been freshly broken.
 Found Pictures of Men.
 C. B. Hancock swore he was an em- ploye of the Forbes Piano Co. the morning the burglary was discovered. He saw the Hirscher safe opened. He discovered two pictures upstairs on a table about five feet from the safes. He gave the photographs to the elder Mir. Hirscher. He identified the pie lures as the ones he picked up.
 Detective Lacey. of the Mobile Po- lice Department. told of arresting Dris- coll and Russell. December 9. He told of the arrest of the men in Mobile. They arrived in the Gulf City that morning. They were seated together on the train. On alighting Driscoll went North and Russell went South. He arrested Driscoll and his partner arrested Russell. Money. a pistol. two watches. one diamond ring and another ring were found on Driscoll. Over $500 was found in his clothes. On Russell was found two watches, a ring. over $500. pistol and some tools. fuse caps and dynamite. Some of the money was in packages
 number of packages in First Nat