The Birmingham age-herald., 1907-12-10

transcript of the evidence introduced at the preliminary was given to the grand jury in lieu of witnesses. There were other witnesses who appeared be- fore the grand jury, but they were hear say witnesses
 Continuing, MT. Weatherly said We are prepared to show by one of the grand jurors that there were witnesses before the grand jury, but we take the position that these witnesses did not know any thing about this offense, and that there Is no evidence tending to connect Sims with this case"
 MT. Weatherly then introduced John G. Housman one of the grand jurors, as a witness. MT. Housman was then asked where he lived, and replied, fin Birming- ham, MT Weatherly then handed him copy of the proceedings of the grand jury and asked if he remembered the eases recorded therein
 District Attorney Street objected to the placing of MT. Housman upon the stand, stating that member of the grand jury was an illegal witness that the proceed
 ngs of the grand jury were secret and that the evidence which would be intro- duced by the witness would be immateral and Irrelevant. "The only question:" con 1 tinued MT. Street, was whether or not any evidence was introduced to the grand jury, or whether the grand jury simply made out true bill of their own accord"
 Attorneys Asked To Confer. Judge Hundley then asked for argG- ments on this question as to whether or not grand juror could be called on to testify, and MT. Housman was allowed to leave the witness chair.
 Nearly all of the balance of the day was spent in the argument MT Weath eriy presenting authority after authority Sh0VVInp urn he al lowed to appear on the witness stand, his argument consuming several hours. Dis trict Attorney Street followed MT. Weath- erly, presenting authority refuting MT. Weatherly's arguments. MT. Street ar gued for some time after which Judge Hundley instructed the attorneys to con fer and see if there could not be some agreement arrived at in order that the trial might proceed.
 After ac onference lasting some time the agreement as arrived at was submitted. Both sides had objections entered, which were accepted by each side, and it began to appear that the trial would proceed, when Mr. Cowart introduced his motion attacking the legality of the indictment on account of being signed by "B. H. Cooper" when the records showed "B. c. Cooper" was the man.
 A large crowd was in the court room all day. Sims was looking cheerful and was constantly conferring with his attorneys. His counsel consists of James Weatherly, Lee Cowart. Sidney J. Bowie. and John Bankhead Former Assistant District At torney Standifer was also with the de- fendant's counsel and will be put upon the stand to tell of the happenings before the grand jury. Mir. Standifer WAS with the grand jury during the finding of the indictment. Present also was Charles k. Fenna of New Orleans. attorney for Gill; bert & Clay of New Orleans, of which firm Sims is the local agent, and ]. W. Jay member of the firm of Gilgert x Clay, was also present
 Appearances would indicate that the de- fense is going to fight the case on every techncality.
 The following are the two juries which have been organized for the coming week. Jury No. is hearing the Sims case:
 Jury No. 1-Frank Caldwell, Ashyille J. V. Glazner, Portersville; F. M Jen- kins. Spencer; Allen Wyatt, Coal City; J. T. Ashcraft. Kennedy; Tom Meyers, Nanvoo; Marion Wright, Corona; J. s. Nation. Dunnevant; Bell Miller, Berry; ]. NJ Kendrick, Dunnevant; F. F.Wynn, Rosa; C. M. Greene, North Birmingham.
 Jury No. w. P. Smith, Millport; J. G. Davis, Columbiana; James Adge, Rag land J. l. Oden, Prospect; J. H. Mayes, Warrior; Robert T. Putnam, Birmingham; M. NJ. Stevenson Parish c. B. Jordan, Vernon; G. W. Hodges, Ashville; Charles Sproull, Jasper; J. D. Hanby Bessemer.