The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-25

The Details.
Yesterday morning before the federal
court opened Juror Bicknell requested to
see Judge Jones in chambers, and came
to the Judge with the marshal. He found
Judge Jones in chambers in consultation
with Dr. Ballard, who has been attending
the juror. Judge Jones expressed TO MT.
Bicknell his earnest desire that he con-
tinue to serve if he was able to do so.
He stated to Bicknell If at any time dur
ing the further progress of the trial, he
was too unwell to so on, and would IN
form the court, recess would be taken.
The Juror stated, in his condition, the
court would be gambling with his life II
it compelled him to serve" The juror
insisted that he did not feel able to go
on with the trial and that he be allowed
to go home to confer with his family
physician.
Judge Jones, ON taking the bench, gave
the substance of his conversation with
the juror, and announced that under the
circumstances, it was not proper to COM
pei the juror to serve further. If. the case
were adjourned over until Monday, the
probabilities were that the juror Would
be in no better condition. Accordingly,
the court ordered mistrial entered in the
case.
On making this announcement, the dis
trict attorney asked Judge Jones IL he
did not think it would be practicable to
retry the case with another jury at once
A collouuy then ensued as follows:
Judge Jones-Do you?
The District Attorney-I do.
Judge Jones-I do not.
The court then further stated, "Inis
case has already taken a great deal of
time, and not being able to forsee how
much more time it will take to end 1t,
the court does not see how it is practical
BILE to take up the case again before an
other jury at this time. Monday will be
the Goth of November, and the judge must
be at Admission on the Sd of December.
Grand and petit jurors and witnesses will
be waiting there, and it is now too late
to stop them. If the court went into the
case again, judging by our past expert
ence, and considering that all the evil
dence would have to be gone over again,
and the same defense set up, it is not
probable that the case could be finished
in time to allow the judge to get to An
niston, and in all probability the court
there would have to be postponed. The
court does not wish to be dogmatic, and
although generally ready to defer to the
opinion of the district attorney in such
matters, has no doubt, in this inscance
it would be unwise to follow it. and.
therefore declines to go into the case
again at this term. A mistrial will, there
fore, be ordered
Dubose Case.
When the Chisolm case had been dis
posed of the case of Gordon Dubose was
called and both sides announced ready.
Dubose is charged with having used the
funds of the First National Bank of Ems
ley for purposes of speculation while he
was employed as president of that insti-
tuition. His trial will begin on Monday
morning before Judge Jones and jury.
Saturday afternoon DR.. Grace called on
Judge Jones in chambers, and stated that
Chsolm was confined in a room at the
iaiI the air of which came through the
grating from a cell in which a condemned
prisoner was confined who was suffering
with tuberculosis, and that under the cir
cumstances, there was danger of infec-
ton Afterwards a conference was had
between Drs. Clark, Grace and Judge
Jones to devise a remedy to meet the sit
uation. 1t was then suggested that prob
ably Chisolm's friends might give bond.
Judge Jones stated in that event that the
penalty of the bond would be fixed at
s15, 900.
Yesterday evening about o'clock, Col.
Robert Chisolm appeared in Judge Jones'
office and presented bond which Judge
Jones approved in the penalty of $4,000.
The bond was signed by the following
persons: Alex r. Chlsolm Margaret II.
Chisolm, John l.. Chisolm, Robert CHS
olm, Henry l.. Chisolm. X. III. Haygood.
r., w Rucker and J. Burger. Judge Jones
promptly approved the bond and sent
for the marshal and directed him to re-
lease the prisoner.
Chisoim Case Reviewed.
Last September the defendant was in
dlcted by the United states grand jury
for embezzling certain amounts OF money
from the First National bank OH various
dates between February and July last
during which time he was acting as pay
ing teller OF the bank. The sum Of sl0o,-
900 was alleged to have been taken from
the reserve fund of the bank, and the
defendant is charged with the embezzie-
ment Of. at least. part Of the amount.
1t is said the money was used In specu-
lating on cotton and other transactions
OF a similar nature and that the defend
ant traded under an assumed naIde.
The trial of Alexander r. Chisolm be-
gan in the federal court on November .
before Judge Thomas g. Jones and
Jury The government was represented by
United States District Attorney I. X.
Roulhac, Assistant United states District
Attorney N. Il. Steele and Attorney Lee
rpDresentr cd