The Birmingham age-herald., 1905-09-15
JOHN BLACKSTOCK
 IS AGAIN ON TRIAL Accused of Robbing B. M. Bra-
 zeal Last Winter EVIDENCE IS COMPLETED Arguments Will Commence This Morn. lne-Latham and Jim eackstoek
 Were Present In Court
 Yesterday.
EVIDENCE IS COMPLETED

John Blaekstock, who, 1t is charged. held up and robbed B. M. Brazeal on Febru- ary 5, was on trial in the first division of the cremihal court all day yesterday. The taking of the testimony was con cluded yesterday afternoon and court ad- journed until o'clock this morning when the arguments will be made.
 All of the morning was taken up in the selection of a jury. Seven of the venire were excused for cause, ten were chal- lenged by the defense and three by the state. The following Is the jury finally se- lected. w. T. Crawford, James E. Cox, H. s. Roper, J. ". Ash, J. H. Grahl Mark House. George H. Preston. Bill Mel ton, Ed Kennon. Howard Lane, r. V. Underwood and William s. Webster.
 Blackstock, 1t Is alleged, was mem Der of the Latham gang, which is charged with the robbing of several people in Bir- mingham, among them B. M. Brazeal and F. I. Simon. Latham is now in Pratt mines with a sentence of life against nm Tn One case anu unity -hNC 3NoA 1 In another. Jim Blackstock, cousin Of John Blackstock, is now serving ten year sentence.
 Tn the trial yesterday Assistant County Solicitor Edmund c. Winston conducted the prosecution, and Blackstock was de- tended by Attorneys George P. Roberts and Curtis Shugart. Jim Blackstook in the morning, while the jurors were being selected, occupied a seat at the table be- tween his counsel His sister, Ruby Black stock also had seat at the table. Jim Blackstock, who was summoned to court as a witness for the defense, was Tn the prisoners cage. Latham was brought in the court room in the afternoon. He was summoned AS witness for the de- fense but was not used.
 A lively argument was indulged in by the attorneys later in the trial as to whether or not Latham should be brought before the jury to determine the height of John Patterson, whom the Blackstock boys say Is guilty or the robbery City Detective Patton was on the stand and testified that the height of Patterson was between that of John Backstock and Latham. His testimony was offered by the state in rebuttal of the testimony offered by the sister of the defendant when she stated that Patter- son and John Blackstoek were about the same height and similar in their per- sonal appearance.
 Wanted Latham In Court.
 The state wanted Latham brought into the court room and placed by the side or the defendant in order that the relative heights of Patterson and Blackstock. ac- cording to the statement of MT. Patton, could be determined The defense objected and was finally sustained by Judge Samuel L. Weaver Latham passed through the court only once and then he was limping badly and seemed to have some difficulty In walking. He was evi- dently very sore and lame.
 The first witness placed on the stand was B. M Brazeal the victim of high waymen Mir Brazeal stated that he lived at 1920 Seventh avenue and that on the first Sunday night in February he was met at his gate by Latham and John BlnckstocK. He was commanded, he says, by the men, to put ,em up." He at first thought that they were some friends and asked what they wanted. He was told that they wanted hi money or his life and accordingly he put up his hands He testified that a watch valued at $40, an umbrella and some money were se- cured. John Backstock, the witness swore, placed a pistol against his right afI I4o thrpnQb hia pockets. The witness on cross-examina- tion stated positively that John Black stock was the man that placed the ps- tol against his face He stated further that after the hold-up the two robbers went toward Eighteenth street. It was a bad night and sleet was on the ground. The witness said that there were electric lights at Eighteenth and Nineteenth streets, and while there were some trees along the sidewalk, they were trimmed sufficiently low to allow the light to pene- trate to his gate.
 Backstock on the Stand.
 John Blackstock was then put on the stand to testify in his own behalf. He swore that he had nothing to do with the Brazeal robbery. He stated that he, with John Patterson, Jim Latham and Jim Blackstock, had come to Birmingham from Anniston on Saturday night preced- ing the alleged robbery. They went to their rooms in the Waddell house, where they stayed until late Sunday evening They then went to a Greek restaurant. He said that Jim Latham and Patterson soon left, saying they were going to see some women He said that on Monday morning Patterson showed him watch. He stated further he went to Jonesboro on Monday morning, and on Thursday went to At lanta. On cross-examination he said he was 22 years of age and was a second cousin to Jim Blackstock.
 Jim Blackstock was then put on the stand and testified that he had not read the letter which he signed at police head quarters on the night of his arrest. The letter was to his mother and contains a clause which says that Pat and John did it." The witness denied that this specl- fled part of the letter was read to him or that he included 1t in his original man. uscript.
 Ruby Blackstocl, q sisteN of the defend- ant, testified that Patterson and John