The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-10
Reviews Whole Case to Show How
Cheaply Life Is Held In jefferson
County-The Case Causes
Lively Comment.
LIST OF THE JURY
VOTING ACQUITTAL.

Louis b. stone.
| Sensations came thick and fast in the
criminal court of Jefferson county yester-
day.
In the first place general surprise was
| occasioned by the announcement that the
| jury in the case of Thomas Shelton,
charged with the murder of Ora Dunn,
had returned verdict of not guilty"
In the second place Judge S. L. Weaver,
before whom the case was tried, states
that when the verdict was read he felt
a degree OF Indignation which prevented
him from keeping silent" lie then took
| the unusual step of censuring the jury
! for returning such a verdict in the face
of the evidence.
In the next place the defendants at
torneys issued a statement calling at
tention to the supremacy of the jury in
our system of Jurisprudence.
| This led Judge Weaver to give out a
| lengthy interview last night reviewing
the whole case. lie stated that his in
dignation compelled him to speak, and the
remarks attributed to him were the re-
| suit. He also used the significant cX-
preston, land since their utterance
have seen no occasion TO in any wise
regret or take them back
Here is the way it all happened:
How It Happened.
Gentlemen, have you agreed YER
dict?" said Judge Weaver addressing the
jury.
| Foreman-"We have"
Judge Weaver-"Hand it to the clerk
| Clerk reads-"We, the jury, find the
defendant not guilty as charged in the
Indictment j. A. Cummins, foreman"
profound silence followed. No one
| seemed disposed to say a word until the
surprise wore off and Judge Weaver adj
dressed the jury.
Weaver Rebukes Jury.
Gentlemen" said he, "since I have
| been on the bench, now something over
| two and a half years, l have made it a
point never to lecture anybody. / know
| that my duties are serious and burden
some and l know that Jurors duties are
heavy and therefore | have refrained
from making any comments at times
when could we'll have done so in face OF
the verdicts returned.
Your verdict declares the innocence OF
the prisoner at the bar. 1t has been
stated that there are more murders in
jefferson county in the year than in all
! England, Ireland and Scotland. My love
for my country compels me to speak
| under these circumstances, and especially
under the circumstances attending this
case This verdict means that all man
| has to do Is to fill up on mean liquor
and proceed to exterminate all the women
in a certain district. Gentlemen, you are
| discharged
| The jury left the court room and went
to the clerks office where they were
given certificates for their time on the
jury.
Attorneys Issue Statement.
| In referring to Judge Viewers address
| to the jury after the verdict was rem
dered. Judge CASTOR of the firm of Gas
|
| PENDANT, said:
Under our system of Jurisprudence the
| jurors are the sole judges of the facts.
1t would be manifestly improper for the
court at any time prior to the verdict
| of the jury to give any intimation of his
| opinion in regard to the weight which the
| Jury should attach to the evidence in the
case. No right thinking man would for a
moment consider it proper to have jury
| retire to the jury box and consider the
| evidence in the case with the impending
| publicly expressed hanging over their
heads. Such an influence would tend to
| break down the right of trial by jury.
which the constitution guarantees 10
| every citizen as inviolate.
Jurors who discharge their duties un-
| der the instructions of the court, and un-
der an oath which is as solemn and as
| binding as that taken by any official,
should not be lightly censured.'
Judge Viewers Statement.
| When Judge Weaver learned that the
defendants attorneys had issued a state
ment criticizing his address to the jury
he reviewed the case in these words last
night
1.-The statement made by the attorneys
| for the defendant, Tom Shelton, charged
with the murder of Ora Dunn, unfortu-
natey calls for a reply. In the first
place | had never seen the defendant,
| and never had heard of or known either
| of the parties until the case was called
| before me last Monday morning for
| trial.
| after going to the jury box three or
! four different times, a jury was finally
obtained who qualiied to try the case.
The testimony of the state showed by
| the witnesses that on the night of the
| 18th day of January. 1905, in the city Of
| Birmingham, the defendant. while under
| the influence of whisky, approached one
I Paul Cole. who was policeman. and