The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-13
FORENSIC BATTLE
FOUGHT IN COURT
Judge Weaver OverruIeS Motion
in Wray'S Behalf
HELM AND ALLEN CLASH
The Point at Issue Was to Amend an
Omission Nunc Pro Tune, Which
Judge Weaver Lost No Time
In Overriding.

The first division of the criminal court
was the scene of a fierce forensic battle
yesterday morning. A large and represent
alive audience was present to hear the
arguments in the cases set down for
trial, and they were not disappointed.
The proceedings began with motion
to amend the docket entry in the case
of Richard Wray. who is in jail charged
with the murder of George Freeman
about a year ago. Wray's case was called
In the criminal court twice. The first
time it was continued on account of the
absence of witnesses and the second time
the case was called, a certain witness
was absent and the case was again
continued.
The Legal Point.
Accordngto the law, when a case has
been continued twice by the state ON
account of absent witnesses the defend
ant is entitled to BALL but in Wray's
case the solicitor denies that the case
was continued by the state and there
fore, the petition for ball was refused
Prom the decision of the court refusing
the defendant bail his attorneys pre-
pared to appeal and had a transcript or
the judges docket made and this tran
script does not show upon what grounds
the continuance was granted. To amend
this omission, nunc pro tune, was the
purpose of the motion which came be-
fore Judge Weaver this morning. The
state was represented by Solicitor Fl. P.
HeAin and Assistant Solicitor J. B. Arid,
opposing the motion; the defendant Wray
was represented by Attorneys B. NJ. AL
len, Zell CASTOR. E. c. Winston. Jr., and
Erie Pettus supporting the motion.
The Foreign Handwriting.
Attorney Allen began the arguments,
during which he made an imprisoned
appeal to the court In support of the
motion. lie introduced the docket and
showed the original entry made by the
Judge, but which was afterwards changed
by IA foreign hand" "Whose is this
foreign hand?" asked Mr. Allen Whose
is this mysterious writing, the interpre-
tation of which would puzzle Chaldean
seers?" In reply to these questions
Jimmy" Hawkins, a clerk in the crim-
inal court office, came forward and adj
mtted the writing was his. Mr.. Allen
expressed his surprise at learning that
Jimmy Hawkins was the 'foreigner
whose hand had made the entry. During
his argument the attorney employed all
the forces of his wit his sarcasm, and
his eloquence.t In reply to an Interrupt
ton asking him should the docket show
the courts reasons for Its acts, No.
said Mr. Allen this is not the age of
reason it might give you a Paine II
it were"
Helm Asks a Question.
Assistant Solicitor Ard replied to NJ.
Allen in a vigorous and powerful argyll
ment in which he upheld the sufficieney
OF the entry on the docket He was fol-
lowed by Solicitor Henin, who began by
asking Mr.. Allen what he wanted done.
DO YOU want the docket to show what
did not oceur?" asked Mr.. Heflin You
want the docket to show that the case
was continued by the state against the
objection of the defendant; did you OBJ
ject to the continuance when the con-
tinuance was the very thing you wanted
to enable you to make bail?' Solicitor
Henin reminded the judge that witnesses
had testified about the occurrence and
that the judge was sure to remember the
facts himself.
Mr. Allen disclaimed any desire to
make another speech. but he could not
allow the solicitors argument to go un-
answered. This brought out more oratory