The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-30
London WithdrawS and Captain
White Cannot Leave Case
in City Court
Or. SEARCY, A WITNESS,
ALSO AMONG THE ABSENT
Case viii Be Called Again This Morn
ing-Defense viii Raise No OBJ
lection to Hundleys Try
ing the Cause.

The case against Alexander r. Chsolm,
charged with misappropriating funds of
| the First National bank of this city to
the amount of nearly 100000, was called
for trial yesterday morning at 10 o'clock
before Judge Oscar r. Hundley of the
United States court, but owing to the
absence of counsel for Chisolm con-
tlnuanee was ordered until this morning
at 10 o'clock.
It is not certain that the case will
be taken up this morning as Capt. Frank
s. White, Chisolms counsel. is engaged
in case in the city court, which he hoped
to finish up yesterday afternoon, but
failed AS the matter stands, the Chsoln
case is almost certain to be continued I'M
til Wednesday for Captain White said
| last night that he did not know exactly
when the case in the city court would be
concluded. He only knew that it would
engage his attention today, and he would
try to get through with 1t in time to APP
pear in the federal court for his client.
Some opinions have been expressed pub
lcly as to the course of the defense In
regard TO Judge Hundley's power to try
the Chisolm case, since the Judges APP
pontment to the federal bench has not
yet been confirmed, but all doubt was
removed last night by Captain White
who declared that the defense would Of
fer no objection to Judge Hundey, as
his acts in this court are perfectly valid
A surprise was sprung in the case yes
terday by the withdrawal of Attorney
John London from the counsel for de-
Tense. The explanation offered by the
attorney for his step is that he had a
disagreement with the defendant as to the
proper course to pursue In conducting
the defense. Captain White was interro-
gated last night upon the subject, but
would give no opinion to the retire
ment of his associate counsel, and said
that he did not know who would assist
him in the defense.
Judge Hundley opened court promptly
at 10 o'clock yesterday morning and called
for the first case on the docket. The
name of Alexander r. Chlsolm was called
the criminal docket having been cleared
last week In order that the court might
give full time to this case.
Sixteen witnesses responded to the roll
call, among them being w. p. G. Hard
ing, president of the First National bank;
A. p. Forsythe and Thomas Bowron
The witnesses were not sworn, for 1t was
discovered that Capt. Frank S. White, at
torney for the defendant, was absent from
the court room. fifteen minutes recess
was given, DuI at the enQ OI that tllHe
Captain White still had not arrived
Attorney John London caused surprise
at this time by announcing that he had
withdrawn from the case, and asked per-
mission to retire disagreement with
the defendant as to the course to be
pursued in the defense was given by Mr..
London as the course for his withdrawal
He also stated to the court that Cap
tain White was engaged In a case in the
nj ~ nd would n HE n lea
1t during the day.
Mr. London further stated that DR.
Searcy was expected from Tuscaloosa
and that 1t would be advisable to have
him confer with the defendant before the
trial began.
Judge Hundley ruled that as Dr.
Searcy was an official of the state, and
could not possibly reach the city earlier
he would allow the case to go over to the
next day. District Attorney Thomas X.
Roulhac being consulted on this point
offered no objection. Before adjourning
court for the day both Judge Hundley
and District Attorney Roulhac emphasized
the fact that the defendant would be
given a fair and importial trial, but that
no delays would be allowed, and the
case would be taken up promptly this
morning, counsel counsel.
The case of w. l.. Sims, charged with
being an accomplee of Chisom In the
misappropriation Of the First National
bank funds, was set for hearing Wednes-
day. 1t was announced by the court yes
terday morning that the case would go
over to the next term.
Alexander Chisolm appeared In good
health when he came into court. lie was
accompanied by his father, mother. sis
tiers and other members of his family.
80 fnff ~
ore and stone will be of interest:
Comparative production of iron ore:
Year ending December 81, 1904, I,2O8, O3S
gross tons; year ending December 81,
1905, 1,4S6,2S2 gross tons; year ending De-
cember 81, 1906, 1,4S647s gross tons.
Comparative production of limestone
and dolomite: Year ending December 81,
1904 2l8,4S4 gross tons; year ending De-
cember 81 1905, 212,29O gross tons; year
ending December 81 1905, 26722 gross
tons.
New mines and minerals known as
the Potter property heretofore under
joint lease to your company and the Re-
public Iron and Steel company, were,
during the year, acquired by joint pur-
chase with the Republic Iron and Steel
company al a price and on terms exceed
inly favorable to your company. Your
mineral experts estimate this property as
adding 100000 tons of high grade red ore
to your extensive mineral holdings.
valuable acreage was also acquired at
or near your Ketona dolomite property
that will approximately double your dol
omite or stone reserves, and thus pro-
tect your blast furnace requirements for
many years with cheap and first class
stone.
Coal Mines and Coke Ovens.
Active operations have been conducted
in this most important department of
your company, not only in respect to
proper maintenance of your mines and
ovens, but to increasing output and for
cokng. Large appropriations have been
authorized for the construction of seven
modern coal washers, and within a few
months your entire coal requirements for
coking will be properly washed and the
coke produced will then be Of a superior
quality and your blast furnace economies
extended.
I'm addition to new washers, new mines
are being opened and the facilities at old
points strengthened, new houses for
your men constructed and on the compile
ton of this work further increase than
the gain for the year will be reflected.
Your coking capacity has not been ex-
tended, but has been increased by liberal
repairs to old equipment. and further in
creases may be expected from this pol
icy of rigid maintenance.
Comparative production of COAL year
ending December 81, 1904. 2,756,S0 300 net tons;
year ending December 81. 1905, 2.23l.s53 net