The Birmingham age-herald., 1905-10-29

to show the court three things before it should be convinced they were man and wife; namely, the marriage certihcate, witness to the ceremony and persons who could swear they had lived as man ana wife. He summed up his statement by saying she was as guilty as the man. Be- fore rendering his decision Judge Feagin read section 1908 of the criminal code, as follows:
 "The distinction between an accessory before the fact and principal, and be- tween principal in the first and second degree, in cases of felony, is abolished; and all persons concerned In the commits sion of a felony, whether they directly commit the act constituting the offense, or aid and abet in it's commission, though not present, must hereafter be indicted, case of misdemeanors'
 Judge Feagin held that all of MT. AL lens law was good and true; that a mar ried woman could not be convicted of a misdemeanor in the presence of her hus- band, nor could she be convicted as an accessory after the fact in enabling her husband to avoid or escape arrest. trial, conviction or punishment when the hus- band was guilty of a felony.
 "The evidence in this case" continued Judge Feagin, showed that if the de- fendant was guilty of any offence what ever it was as a principal and not as an accessory. The proof showed the husband and the wife, conceding them to be such, were near each other in jam at the depot, and that the husband took the pocketbook from the person of l.. B. Hanks and passed 1t in the presence of witness back to his wife. This evidence alone showed that they were there for the purpose of picking pockets, as no man or woman could meet and have a purse passed from one to the other so quickly without preconcerted design"
 Judge Feagin dwelt at length on the contention of MT. Allen that the woman did not have sufficient time to take D out of the purse and place it into her handbag. He held that it was Just as easy to take the money out of the purse as it was to open the handbag and place the purse on the inside. The judge took the position that the s5 note might have been with the roll of money the woman is said to have dropped when she was placed under arrest.
 But conceding the uncertainties as to whether or not there was over 5, or enough to warrant the charge of lar ceny," continued the judge, "and conced- ing that had the mans pocketbook never been recovered, he swore that he had X. .43 in money; that 1t was taken and that 1t was identified as the one in the wom- ans purse. Independent of any other testimony this evidence would have been enough to constitute case of felony" Judge Feagin then announced that he would bind the woman over under a 5000 bond and MT. Allen asked for a warrant in order to have the man tried by another judge. Edith Johnson, alias Lily Ray. posed for her picture and a number of them were furnished the police department by the photographer yesterday. On the back of the photograph, which Is said to be a good likeness, is the following descrip- tion: Residence, not gyen nativity. American; color, white; age. 19; height. 5 it. 5lk in; weight, 124 lbs; build, slen- der: complexion. dark; eyes. large dark brown; date of arrest, October 24 19O6; Ofticers, Bodeker and Baker; charge. pickpocket; remarks. full round face