The Birmingham age-herald., 1905-10-12
CORNELL CASE IS
 STILL ON TRIAL Illness of Juryman Nordan De-
 lays Court SUBSTITUTE SWORN IN Defense Rests in the Taking of Testi- mony and State Begins the Exam ination of Witnesses-Judqe
 Jackson Takes the Stand.
SUBSTITUTE SWORN Il

Bessemer, October u.-(Specal0-Bes
 semer city court Acting Judge James
 Weatherly presiding. is still engaged in the trial by jury of the plea of former
 jeopardy introduced by the defendant in
 the famous case of the state against T.
 J. Cornwell. charged with embezzlement
 of funds of the Bessemer Savings bank
 two years ago.
 Just before adjournment was taken this
 afternoon the defense rested their case and the state began the presentation of testimony tending to show that Cornwell has not been acquitted of the charge Of embezzlement by reason of the former verdict, and that he Is liable to trial and conviction on the indictments still stand ing against him.
 As will be remembered the defendant through his attorneys, Frank S. White and w K. Smith, filed a plea of former jeopardy, claiming that he had already suffered trial on all the fifteen indictments returned against him, and had been ac- quilted, and therefore should be allowed his liberty without further trial and jeopardizing his liberty and peace of mind. jury to try the merit of the plea was empaneled yesterday, and every phase of the issue Is being closely contested by both sides. All of the evidence, both oral and documentary, introduced at the for mer trial when Cornwell was acquitted on the first of the fifteen original indlct- ments Is being gone over, and the at torneys on both sides are leaving no stone unturned to carry their points. It Is thought that the testimony and argument will be concluded tomorrow, and the issue submitted to the jury. Some little delay was occasioned this morning by the serious illness of R. B. Nordan, one of the jurors empaneled yes- terday MT. Nordan seemed to be suffering severely from an attack of chlls, and upon the examination by his physician. Dr. T. r. Robinson. the juror was ex- cused
 An adjournment of one hour was taken for the purpose of allowing the court and attorneys to decide upon the proper course to pursue in continuing the trial. Cap tain White for the defense suggested that the investigation continue with eleven jurors, allowing twelve to appear on the records. The states attorneys did not agree to this proposition, and the act | ing judge decided that the safest plan | would be to summon another juror and re- | commence the taking of testimony from i the beginning. This course was agreed upon by all the attorneys. and after some | little time H. NJ. Hyche was qualified as | juror to take the place of MT. Nordan, | and the case was resumed.
 The written transcript of testimony taken in the former trial was submitted and the re-reading in the presence of the jury was dispensed with by agreement of the attorneys.
 Case Is Reopened. The plea at issue was briefly stated by the attorneys. Captain White for the de- fense explained to the jury that he pro- posed to show that the evidence to be 1n- troduced in the case of the state against T. J. Cornwel, to be tried at this time, had already been submitted to a compe- tent jury in a former trial and that he had been acquitted on it. He explained that in the former trial that the defense had insisted upon the state electing the particular amount and time of embezZe- ment upon which they asked conViction, and that the states attorney had refused and had asked that the jury be instruct ed by the court that if they found that any amount equal to or more than $25 had been embedded at any time during the three years next preceding the date | of the returning of the indictment that
 
 l they should find the defendant guilty. He argued further that all the testimony re- | lating to the alleged embezzlement of | the aggregate amounts charged in the l fifteen indictments was introduced before | the jury and that they were instructed | to consider any or all of the alleged items | in arriving at a conviction for embezzle- | ment
 ! In reply Solicitor Godfrey denied every 1 claim in the plea and stated that the | testimony of amounts other than those named in the particular indictment which | was then being tried was introduced sole ] ly for the purpose of showing criminal | intent on the part of the defendant. and he declared that this was so stated in l open court
 Witnesses Introduced. B. l. Allnger was put on the witness stand by the defense. He said: T was | a member of the jury that tried T. J. Cornwell on the charge of embezzlement ] last December. I remember very dis
 tinctly that Captain White, who repre-