The Birmingham age-herald., 1905-10-13
ARGUMENTS BEGIN IN CORNELL CASE Incorporated Town of Jones'
 boro is No More STEPS TAKEN NOT LEGAL All Officials Have Resigned and the Whole Process of Incorporation
 Will Probably Be Re-
 peated.
STEPS TAKEN NOT LEGAL

taking of testimony in the trial of the plea of former jeopardy in the case of the state against T. J. Cornwell in the Bes- semer city court was concluded this morn
 ing and the attorneys began the argument
 before the jury.
 Attorney w. K Smith, representing the
 defendant, spoke first and consumed the
 time from Il o'clock to o'clock, barring
 the noon recess. He was followed by
 Attorney Pinkney Scott, who is associa-
 ted with Solicitor l.. D. Godfrey in the
 prosecution and was still speaking at the
 time court adjourned at 5:30 this after
 noon. He will conclude his argument to-
 morrow morning and will be followed by
 Capt. Frank S. White for the defendant
 and Solicitor L. D. Godfrey for the state
 The arguments of the attorneys will prob
 ably consume most of the day tomorrow.
 At the opening of court this morning
 c. l.. O'Dell was placed on the witness
 stand by the state and testified very
 much in substance as Judge William Jack
 son who was last on the witness stand
 yesterday afternoon for the state.
 C'DeII Testifies.
 MT. ODell said: "I am an attorney and
 took some interest in the states side or
 the trial last winter when CornWeil was
 being tried on an indictment charging
 the embezzlement of $S00O. I assisted In
 the taking of part of the testimony.
 remember distinctly that Solicitor God
 frey elected to try Cornwell on the in-
 dictment that had been read before the
 jury, the $SO00 indictment. l remember
 that when asked to elect what amount or amounts he would ask for conviction upon he stated that he would ask for a1l aP n of the three items named in the $S0OO in dictment. Solicitor Godfrey never at any time in my hearing asked for convic- ton on any sum above the $S0Oo or on any other indictment than the one being considered in the trial and that had been read in open court
 Mrs. Minnie Stewart testified that she was stenographer and had taken part of the testimony in the former trial She produced her note book used at the time and read from the original notation where Solicitor Godfrey elected to try Cornwell on the three items in the indictment that had been introduced in the trial, that he asked for conviction on the entire three items, any one of the three or any part of the three from $25 up. Mrs. Stewart was asked by the court to transcribe the | para graph read and produce it in court as evidence.
 w S. eWlch, an attorney, heard only part of the testmoney in the former trial but was positive in the statement | that he was present and heard the so- licitor elect to try Cornwell on the SS0O0 indictment and no other. He stated that Solicitor Godfrey was called upon at least | two times to elect and had made the same election at both times. Witness said | that the solicitor the second time made | the statement that he had already elected ! and did then elect to try on the $SOOO | indictment and no other
 Solicitor Godfrey on Stand. Solicitor Godfrey took the stand and made a most emphatic statement that l he had made the matter of election per | fectly clear in the former trial He 1 stated that he had elected in open court | to try on the $S000 indictment and had | only introduced evidence of embezzlement | charged in other indictments for the stat ed purpose of showing criminal intent on | the part of the defendant, which is al lowed under such circumstances. He said:
 That indictment alone was read to | the jury and no other was considered or allowed as being on trial. l elected to | go to trial on the $S000 indictment but l did not and could not elect to rely upon | any single item in that indictment. l made | it clear to the court and jury that the | | the three items in that indictment, any l one of them or any part of the three l This was made clear number of times during trial of the case. I charged the | jury that if they found that any amount l equal to or over s25 had been embedded by Cornwell up to the amonnt named in | the indictment. on trial they should find | him guilty. I did not at any time say that they could go outside the particular | fnr ppn
 | Both sides rested at this juncture and | Captain White for the defense. asked that l Solicitor Godfrey elect on what sum he wished to ask for a conviction in the case to be tried at the present term oi 1 court The state objected on the ground that the court had not yet entered into | the trial of the case proper. The court sustained the objection and Captain White | asked the court to require the solicitor to elect what charge he would try at this | term. The state objected to this and | was sustained.
 l The remainder of the day was taken | up in the arguments of Attorneys smith and Scott before the jury.
 l Corporation Is Void.
 | For a little more than one month Jones' | boro reveled in the joy of municipal in- l dependence and the glory of corporate | distinction.
 l For this brief space of time the cit izens of the town believed that they had an incorporated town and were en- toying the privileges thereto pertaining. About twelve days ago an election was held and mayor and board of alder men were duly elected which board in their turn elected other city officials and