The Birmingham age-herald., 1907-09-26
ROONEY CASE ID JURY THIS MORNING Defendant Denies His CompIiCi-
 ty in the Robbery ANSWERS ALL QUESTIONS Says He Has Lived in New London, Conn.,, for Twenty Years and Never
 Knew Members of the
 Miller-Duncan Gang
ANSWERS ALL QUESTIONS

"I never was in Birmingham prior to 1 being brought here by officers Bodeker l and Stradford. My home was in New London, Conn. and l had been living | there for about twenty years at the time | l was placed under arrest and brought | here for trial. l never saw any of the ] members of the Miller Duncan gang until I saw Tom Fay in the court room, and | have never talked to any of them.' The above words are those of James Rooney, the man who is being tried be- fore Judge c. C. Nesmith in the first division of the criminal court on a charge of robbery. it being charged that the de- fendant is New York Harry" one of the leaders of the famous Miller Duncan | gang, which created such a sensation in Birmingham about seven years ago. In making the statement Rooney spoke 1 clearly and with precision, looking all of 1 the time into the eyes of the jurors, who will say whether or not he shall go free.
 Rooney seemed to be eager to take the 1 stand and testify in his own behalf, and it was in the words quoted above that he positively denied any compllclty in the Standard oil robbery
 Only one witness testified in the case | yesterday.
 Burgn Could Not Testify.
 The state refused to allow eXSherff Andrew w. Burginsso testify as to the conduct, character and pretentons of the | prisoner while he was in his custody. It was admitted by the state that Dr. Mack 1 Rogers and pr. Charles Whelan, who eN- | amined Rooney physically would swear l that there is no defect in the defendant s | lip. that he has never had hairlip, and | that there is no scar on the defendants s l lip This was satisfactory to the coun- | sel for the defense and Mir Burgin was 1 excused. !. was stated, however. that | Rooney has been an exceptionally good l prisoner during the term of his confine- ment.
 The only witness who testified yester- day was a MT. Ketchen, one of tine | jurymen of the regular panel of the weeN. l Mir. Ketchan testified that he knew New | York Harry" Miller, Duncan and Fay in | August, about month prior to the | Standard oil robbery
 When asked to give a description or New York Harry he described the man whom he states he knew by that name, and his description is exactly the same | as that of Myrtle Haas, Frank Duncan
 wife, who testified Tuesday.
 MT. Ketchen stated that James Rooney | is not the man whom he knew as New | York Harry"
 Never Halted In Answer.
 When Rooney took the stand questions ] were fired at him in rapid succession. but
 he never halted, answering briefly and
 frankly.
 He was asked by the prosecuting at f,,1 md | year he was not convicted of pckpockct l ing. To this Rooney replied: 'l nave | never been a pickpocket and in ls9o l was at home in New London Continuing, the defendant said 'I know many, many people in the township .
 When asked about the town he stated that it was a nice one, and had about 1 10000 population.
 When questioned about the details or 1 his description, Rooney stated that he had | worn a mustaehe for twelve years
 When asked if he had gold tooth ne | stated that he did have one in the front
 part of his mouth, on the upper jaw He substantiated this fact by opening his mouth and showing the tooth to the jury In two different descriptions of New
 York Harry he is described as having
 had a gold tooth in the front part of his , mouth. but on the lower jaw.
 | Rooney's statements concluded the testl- l money in the case, and the arguments or inc counsel began. Assistant Solicitor J. | R. Aird had the opening and closlnS talks for the state. For the defense, both | Attorneys Gibson and Davis made talks.
 The argument for the defense was based
 mainly on the point that the defendant IS | not Kew York Harry" The state IS | irving to prove that Rooney is the man wanted. and one of their chief points or argument was that if Rooney had been n resident of New London Tor twenty wears. as he stated he was, he would l have procured dispositions from some or his friends and thus show that he was at
 home there at the time when the TOD
 bery occurred. When this point was raised, the counsel | for the defense interrupted and stated
 that if the point had been raised in open | arpunlent they would have answered H. | The arguments of the attorneys was | concluded just before o'clock yesterday | afternoon, and owing to the short time 1 before the adjournment of the court Judge | Nesmith stated that he would charge the | jury this morning.
 Court was announced adjourned untll
 o.sO o'clock this morning, when the jury
 uilI he charged It is expected that the | case will go to the jury before lp.So | o'clock.
 Marriage Licenses Issued.
 Marriage licenses were issued from the