The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-09
JUDGE SUSTAINS
MOTION To QUASH
CornweII is Held in New Bond
of $4,000
HISTORY OF THE CASE
Has Been one of the Most Noted In
the State, Involving Several
Fine Points of
HISTORY OF THE CASE

| Bessemer, June ESPECIAL Judge
James Weatherly sustained the motion 10
quash the indictments against T. J. Corn
well in the Bessemer city court this morn
ing on the ground that six of the jurors
returning the indictments were depositors
in the Bessemer Savings bank of which
Cornwen was president and in connection
with the failure of which bank he Is
charged with embezzlement.
In sustaining the motion Judge Weather.
ly, however, ordered that the defendant
be held to the next grand jury and that
he be held in custody If required bond is
not given.
The bond was fixed at $1,000 in the case
set for trial at this term and 500 in each
of thirteen other indictments pending
against him, making the aggregate bond
$500.
Bond Is Filed.
Mr.. Cornwell promptly filed the bond and
was released.
In rendering his decision this morning
Judge Weatherly stated that the point
made in the motion under consideration
was new and that he had no former de-
cison to guide him. but since the supreme
court had decided that Judge William
jackson was incompetent to sit in this
identical case on the same reason as
plead in the Wotion. he felt sure that a
grand Juror would also be incompetent to
return an indictment. He also based his
decision on other authorities relating to
similar conditions that had been cited by
the attorneys for the defense.
The Cornwell case has been one of very
great interest and its varied course
through the courts for the past three
years has been watched very closely.
Indictments Found.
The Bessemer Savings bank was closed
June TO- 1903 and on investigation it was
found that the institution was insolvent
and the president, Thomas j. Cornwell.
who had disappeared four days before was
charged with the embezzlement of about
$245, 900 of the banks funds.
At the fall term, 1903 of the Bessemer
city court the grand jury returned fifteen
Indictments against Cornwell charging en-
bezzlement of the funds of the bank in
various amounts aggregating about $780,
Co.,
In March, 1904, Cornwell returned to Bes-
semer and gave himself up to the officials
and expressed readiness to stand trial He
was first put on trial in December, 1904
Some of the best attorneys in the state
were engaged on both sides and the case
was bitterly contested. The jury returned
verdict of not guilty. While only one
of the indictments was announced in this
first trial it was claimed by the defense
in the next trial when another Indictment
was set for hearing that Mr.. Cornwell
had already been tried on all the evidence
involved in all fifteen indictments and in
a plea of former jeopardy asked that he
be released from further annoyance in the
courts This was last December The
jury in the trial of this issue before the
case itself was taken up failed to make a
verdict and a mistrial was ordered.
Motion to Quash.
When the case was called last Mon
day the defense filed a motion asking
that the indictments be quashed on the
ground stated above and with the result
already mentioned.
In the first trial of Mr.. Cornwell Judge
William Jackson presided. On an ex parte
hearing before the supreme court it was
decided that Judge Jackson was incom-
petent to preside in the hearing of the
case on account of his having been a
depositor in the bank at the time it was
closed
As required by law and in the failure
of the attorneys in the case to agree on
the selection of trial judge Clerk A.
T. Dudley appointed james Weatherly
of Birmingham. who has presided in the
subsequent trials.
The grand jury win again convene in
October and will investigate the charges
against Cornwell.
The members of the grand jury return
ing the indictments against Cornwell,
who were depositors in the Bessemer
Savings bank were w II. Dennis. j. NJ.
Crook. c. F.. Whitley, d. w. Houston,
Andrew Roy and Pat Murphy
Crump Is Sustained
The case of j. l.. Pike and others
against b. f. Crump. principal of the
Brighton public school In which it was
sought to restrain Crump from Using the
public funds in the school and also from
holding the position of principal Of the
school was decided In favor of Professor
Crump today in the Birmingham city
court by Judge Ferguson.
The petition for injunction was filed