The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-10-14
CORNWELL TRIAL
MAY CLOSE TODAY
Argument to the Jury Still in
Progress
PLEA CLOSELY CONTESTED
Jury Is Expected to Render Verdict
This ACKNOWLEDGEMENT White
Closes Argument for De-
Tense This Morning.
PLEA CLOSELY CONTESTED

Pessemer. October 13.-(Specal.) 1.-The
ATTORNEYS in the case of the state against
n I Cornwell consumed the entire day
in the Bessemer city court presenting
their arguments to the jury. and at the
time adjournment was taken, at late
hour this afternoon Capt Frank S. White
had not concluded the closing argument
for the defense.
Since the beginning of the argument
Yesterday morning at Il o'clock four
speeches have been made, two for the
defense and two by attorneys for the
state Captain White will conclude his
argument to the jury when the court re-
assemblies tomorrow morning at $3.50
o clock.
Immediately after the conclusion of the
argument the jury will be charged by
Acting Judge James Weatherly and the
question before the court, and which has
claimed the attention of the tribunal for
the entire week, will be in the hands of
the jury
jeopardy, the defendant having set up
the plea that he has been tried and ac-
quilted of the charge of embezzlement
and should not be called upon to answer
the same charge in other indictm> ats
that are filed in the court against him
charging the same offense.
Capt. Frank S. White and W. X. s..
Smith, who are representing the defend
ant have introduced evidence tending to
show that at the former trial, when Corn
well was tried on one of fifteen 1nd1ct-
ments, testimony was introduced and pre-
scented to the jury covering the entire
transaction in which all the amounts
claimed to have been embeZzled by the
defendant are included. The claim is
made that the amounts charged in all the
indictments were considered by the jury
at the last term of court and that the
acquttal was rendered upon the full in
vestgation of all and every transaction
of the defendant during the three years
In which Cornwell is charged with having
embezzled funds from the Bessemer Saw
ings bank. A number of the members
Of the jury who sat on the former trial
were put on the witness stand and testi-
fed that they rendered verdict with the
understanding that all items of alleged
shortage had been introduced as evidence
and was admitted to the jury for consid-
Grafton in making up a verdict.
Solicitor L. D. Godfrey and Attorney
Pinkney Scott, who is assisting the solicit
tor contend that only one Indictment
charging the embezzlement of about $4,000
was on trial at the former hearing and
that the jury was only asked to consider
the times In this indictment in making up
|
of alleged shortage had been admitted as
evidence but only for the purpose of show
ing criminal Intent on the part of the de-
PENDANT. They claim that the court and
jury were explicitly instructed to con-
slider only the item in the $4,000 indict-
ment as being on trial. They claim that
they We're called upon to elect the items
and time and that they elected this in
dictment on two occasions during the
trial. The state introduced very strong
| evidence In support of its contention
Judge William Jackson, pho presided
In the former trial corroborates the claim
of the state in this respect. His testimony
had strong confederation by other wit
ness.
The plea involves a very fine point of
law and the arguments both sides
have been very exhaustive and interest
ing.
The jury is expected to reach a verdict
tomorrow afternoon or tomorrow night.
If the plea of former jeopardy is not
allowed by the jury the main case. No.
1907 charging the embezzlement of $25, 900
which was selected by the state to be
tried at the opening of the court Monday
morning, will be tried by the same jury
engaged in the trial of the plea. If the
case is gone into it will probably consume
all of next week.
Notes and Personals.
Robert Jemison, president of the Bir-
mingham Railway, Light and Power COM
pany. was In the city today and looked
over the proposed new electric car line
from this city to Jonesboro. The matter
Of granting the company a franchise for
this line will come up for the second
time before the city council next week
1t Is possible that Mr.. Jemison will APP
pear before the council In the interest
Of the franchise at this meeting.
-
club last Wednesday afternoon. The oc-
casion was a very pleasant one, and all
who attended were delighted with the
entertainment. Mrs Taylor has as her
guest Mrs. John Lowry OF New Orleans.
The union revival, which has been con-
Quoted at Library hall for the past two
weeks by the Rev. Nathan Buchanan of
Tennessee. came to a close tonight. The
| services have been we'll attended and
much interest was manifested from the
beginning. The Rev. Mr.. Buchanan was
assisted by the pastors of the various
churches of the city
Little Florrie Little daughter of Mr..
and Mrs. r. A. Little. gave delightful
birthday party to a number of her friends
at her fathers residence on Third ave-
nue. this afternoon from to O'Clock De-
llcious refreshments were served and the
| occasion was one of great pleasure to all
who attended. Miss Florrie proved her
self most delrhtful little hostess.
| Beaver Dam No. met in regular ses-
sion at their hall tonight and initiated
! two members. Three new applications for
membership were received The Beavers
and Sharks will play a game of indoor
baseball ar the Beavers gymnasium hall
next Tuesday night which promises to be
one of the most interesting games of the
! season.
| e. J. Ray left TODAY for Woodstock,
! where he went TO attend the funeral of
| his brother. Lee Ray. who died at his
home near that place Yesterday. The de-
| ceased leaves widow
| Smith and GLADDEN. Harrison for valuable
support. also to each Of the patrolmen
who have done their duty.