The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-07
NEW TURN TAKEN
IN CORNWELL CASE
Attorneys Ask That lndict-
mentS be QuaShed
THE JURORS INCOMPETENT
II Is Claimed That Six of the Grand
Jurors lndictins cornweII Were
Depositors In the De-
funct Bank.
THE JURORS INCOMPETENT

Bessemer. June 6.-(Speeial)-Jus after
the attorneys in the case of the state
against 7. J. Cornwell announced ready
for trial In the Bessemer city court this
morning Attorney W. X. Smith, repre-
senting the defendant filed motion ask
ing that the indictment against Corn
well be quashed on the ground that
number of the members of the grand
jury returning the indictments were not
qualified from the fact that they were
depositors in the Bessemer Savings bank
at the time it failed.
The motion set up the claim that the
Jury was composed of eighteen men, six
of whom were depositors of the bank. 1t
was also claimed in the motion that at
the time the indictments were returned
that two members were absent from the
jury room.
This reduced the number of legal jury
men to ten which is below the number
required by law before an indictment can
be returned.
Attorney Smith presented a number of
decisions and ruling purporting to show
that a depositor in this case would be
an incompetent grand juror. He also cited
the fact that the supreme court of Ala
bama had held that Judge William jack
son was incompetent to preside in the
trial of the case at a former trial on
the ground of his having been a depositor.
Mr. Smith argued that under the same
rule a grand juror would be incompe-
tent to return a true bill.
Most of the day was consumed in the
arguing of the motion.
For the State.
Solicitor L. d. Godfrey and Attorney
Pinkney Scott argued for the state that
as the grand jury was not a judicial
body, being merely inquisitorial. a de-
positor would be competent to sit as a
juror.
A recess was taken shortly after the be-
ginning of the afternoon session to allow
the attorneys to investigate the personnel
of the grand jury that returned the origi-
nal indictment against Cornwell and to
allow the judge to look into some legal
decisions bearing on the case. Late in the
afternoon the court was reassembled and
at once adjourned until tomorrow morn
ing at $3.50 o'clock.
many fine legal points being brought out
on both sides of the question.
The jury which was empaneled yester-
day for the trial of the case is being held
in the court room until the motions are
disposed of. The motion introduced today
adds an interesting phase to the case and
is being watched with great interest by
the people of this city.
Ira L. Lacey Dead.
Ira l.. Lacey. well known and popular
employe of the Woodward Iron company.
aged 2S years, died at his home at Brigh
ton at an early hour this morning. He
leaves a wife and two children and num-
Der of relatives In this district
The funeral will be conducted from the
residence in Brighton tomorrow morning
at 10 o'clock by the Rev. Mr.. Adkins The
interment will be in Walnut Grove eeme-
terry.
Assistant Postmaster.
Hugh McEniry, who last night was elect
ed city engineer of Bessemer by the City
Council, took charge of his office this
morning.
John Howard McEniry, a brother of
Hugh MeEniry, has been appointed as
sstant postmaster of Bessemer to sue
coed his brother Hugh, who resigned this
position to accept the place of engineer.
Hugh McEnl1ry resigned the pace OIL
assistant postmaster this morning and his
brother was at once appointed to the place
by Postmaster G. r. Lewis.
Notes and Personals.
The Beavers and Eagles played an in
teresting game of baseball at the Fourth
Avenue park this afternoon In which the
Eagles lost by errors The score was 4
to g. Stewart pitched for the Beavers and
OMara for the Eagles 1t was a pitchers
battle from start to finish
The sensational closing of the City
Council last night in which several SEN
sations were presented in such rapid sue
cession that the Mayor and Aldermen
forgot the formalities of a regular adj
journment, has been the popular talk
of the town all day and many varied
opinions are being advanced as to the
situation In official circles There are
rumors of impeachment proceedings
against the Mayor and there is said to be
a pretty we'll defined movement for a
public Indignation meeting to protest
against the alleged unseemly acts of
some of the officials while engaged in
the transaction OF the public business of
the city.
j. M Cousins, late store manager for
the Alabama Consolidated iron company
at Searles, has moved to Bessemer and
1rn Ix.IQ