The Birmingham age-herald., 1908-03-11
$670 besides the s15?" was asked the witness

@ofU DeSlueS the Sl5! was asked the
 witness.
 Indeed I do' he replied.
 :Didn't you go to a man named Full
 ton and tell him that you had seen the
 Freeman boys and tried to get them
 to open up house and pay you a rake
 off to allow it to run, and that you
 couldn't get them to do so, and you asked
 Fulton to see if he couldn't get them
 to open up?' asked the attorney
 Dean replied that he did not.
 Later on further cross examination MT.
 Bowman asked the witness:
 MT. Dean, were you discharged from
 the employment of the street railway company?
 NO sir, never have been," he re- piled.
 Did they not discharge you for the
 misappropriation of money collected by you as conductor?' was asked the wit ness.
 T never heard of it, he replied.
 After taking money from the gamblers
 one night, didn't you go to the Peerless
 saloon and tell +. M. Edwards that if there was any gambling going on in his
 place he had better stop it because Lucien Brown was coming down that night to
 arrest the game? ?'' asked MT. Bowman.
 An objection to this question was sus-
 tained, and MT. Bowman explained t1
 the court that he was trying to arrive at the credibility of the witness, as that
 was quite an important factor in the | trial.
 l Last Witness For State. | The second and last witness for thC l state was Deputy Sheriff Joe O'Kelley | MT. O'Kelley stated that on the night oi l November 2 he was With Dean and thai | about 10:10 o'clock D. m. They went dowr l to the Colonial, and that while he stooC l on the west side of the street Dean went | across to the hotel, met Seigel and Seigel | gave him a sealed envelope He said | that Dean came back across the street | with the envelope in his hand and then | tore it open and took $5 note from it. | This testimony was emphasized by thy | defense in that it directly contradicted Mr. Deems statement that Seigel went IT 1 the hotel got the money, came out and | gave it to him in the presence of MT 1 CKelley who was standing nearby. l The state then rested. l The first witness for the defense was l Frank Moragne.
 1 Mr Bowman asked: MT. Moragne 1 I'll ask you if last summer you knew oi | Deputy Sheriff Deans making any prop 1 osition to allow the gambling houses to | run in Birmingham?" l 'I never heard any conversation ex- l cept the statement of Hinds Peevey about l a 25 per cent rake-off,' was MT. Mo | ragne's reply.
 | "I'll ask you if Hinds Peevey ever told you that the gambling houses could oper 1 up if they would give 25 per cent rake | off?' asked MT. Bowman. 1 An objection to this question was sus- | tained.
 MT. Moragne, do you know it to be a 1 fact that thousands of dollars were ralseo l by the gambling fraternity and turned l over to Mir. Dean for the purpose of get l ting him to allow gambling to go or | here?' was asked.
 | This question was objected to and the court sustained the objection. Don't you know that Dean was a rec. ognized informer of the gamblers all over l town?" asked MT. Bowman. The objec- l tion to this question was sustained. l The witness was asked if he knew the 1 general character of Deputy Dean and re- | piled that he did not The state did not | cross-examine the witness 'Dr." T. M. Smart was the next wit | ness called.
 1 MT. Bowman asked: MT. Smart, were l you in front of the Metropolitan hotel one I night last summer about o'clock, and l did you see Deputy Dean collect $36 from I Abe Seigel?"
 | 'I did not see Abe pay any money l said the witness, "but l saw him and ;! Dean meet in front of tine Metropolitan | several times"
 l The state did not question Smart. 1 Ike Vaughan was called. | "Did Deputy Dean every try to bribt l you" asked MT. Bowman. He did replied Vaughan before the | prosecuting attorney could object. mo- | tion was made to exclude the answer ano 1 the court sustained the motion. l This concluded the evidence for the | evening. Court adjourned until o'clock 1 this morning.