The Montgomery advertiser., 1908-12-29

 RESTS CASE Defense Begins in Night
 Rider Cases. WITNESSES ARE CALLED
An Attempt to Prove an Alibi Is
 Begun.
sua Norris. Who FerhiaEer stated Wa. Captain of a Bana, Swear. he Has Never been Member
 of Night Riders,

Union City. Tenn. Dec 2s--The sud- den illness of Arthur Cloar. one of the defendants in the night rider cases. caused n suspension of the tr1ai thls af- ternoon. The State had completed its testimony and had rested.
 The defense had put up two wilt nesses. Bud Morris and Sam Applewhite, both defendants. Both men denied any connection with the night riders and gave an account of their whereabouts ofa the night of the murder Of Captain Rankin. The defense laid the founda- ton for a complete alibi and proposed to put all the defendants on the stand. one by one, and eorroborate their tes. ttmony by members of their families. When the defense reached the testt- mony of Arthur CloRr. 1t was announc- ed that he was i'll and on the testimony of a physician. court adjourned until Tuesday morning. The indispositton OF the witness was pronounced temporary and the defense promised to be ready to resume in the morning.
 As 1t was generally known that the state would complete its evidence to- day, all of the witnesses for the de- fenss were in the city and the court room was crowded with men from the lake region. The defense asked that the witness, Tom Cioar, who was on the stand Thursday for the state to be recalled. as some valuable information had been learned in regard to this tes- l timony The names of Walter Holt. l VIII Rogers and J. ". Thurmond, state witnesses for whom attachments were issued Thursday, were called. Holt and Rogers answered sto their names. but Thurmond was still absent Walter Holt, fisherman from near Samburg told of rid Burton receiving | a~-bt v-FA AAll ID him to attend meeting that night or
 they would hang him. The night ri-
 ders paid Holt viast on the night of May 8 and he recognized Garret John-
 son as the leader. VIII Rogers, from
 near Clayton, was introduced to cor
 roborate the story Of Fehringer. de- taiIing the route taken by him in as- Log raid. Be passed Fehringar in the
 road going in the direction of Fred l Pinion's home about 5 o'clock in the afternoon before the murder.
 1 Field Burton, of Martin. Tenn. was the last witness introduced by the state. He was at Walnut Log the night of the murder and was told by
 the night riders to stay in bed. After
 they had gone, he went with Ed Pow ell and P. c. Ward to the scene of the
 crime and stayed there the rest of the
 night.
 As soon as he left the stand. Attor-
 ney General Caldwell announced the state rested its case.
 The defense began its attempts to prove an alibl for the eight men on trial by the introduction of Bud Nor
 ris. one of the accused men, as the l first witness to take the stand for the defense Morris, as stated by Fehrin- ger, was the captain of the Samhurg branch of the night riders and has been Identified on other faids by sew eral witnesses. Morris stated that he nothing whatever of the might riderss society or band. He also denied hav- ing any conversation with Tom CIoar | on the subject.
 On the night, of the murder. of Cap | tain Rankin, he claimed he was at home after o'clock with the exception of a few minutes, when he was feed
 ing his mules. He slept that night
 with his uncle Win Wayster and was
 seen by several neighbors who came
 to his home for various reasons. The
 next morning he went to Troy to sell
 some cotton, leaving home about 3
 o'clock.
 The defense asked that the court
 with draw all of the evidence from the killing of Captain Rankin, asserting | that such evidence was incompetent, | because they were separate and dis tInct ofHenses. Attorney General Cald- | well in a lengthy argument, insisted
 that the evidence was competent.
 Judge Jones expressed doubts on the
 matter and stated that he would render | his decision later.
 | After luncheon the cross examina-
 ton of Bud Morris, one of the eight
 defendants, was resumed. He insist
 ed that he never was night rider.
 never went on a raid and never knew their secrets. While upon. direct ex-
 animation, Morris spoke loudly and
 clearly, when cross examined. he spoke
 so tndistinctly that he had to be re- peatedly cautioned by the court @ l talk louder. During the examination
 it developed that the defense will be an alibi and that 1t will be testified to
 almost exclusively by relatives of the | defendants.