The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-04-03
Feagin Finds Both Guilty of
Violations and Imposes
$500 and 1870 Days
MUCH PARLEYING BY THE
ATTORNEYS ON EACH SIDE
officer Tells About Looking Through
Window and Watching Operations
of So-Called "SociaI Clubs"
Another Case Today.

Convictions, with fines of s10O and $50
days, resulted from the trial of the first
Two of some 40 cases against men caught
in social clubs when the places were
iaided last Saturday. The cases tried
yesterday involved 1.-The Social Reading
Club" situated on Second avenue be-
tween Twenty-frst and %wenty-second
streets, there being four of these cases.
End the remaining cases will be taken up
in the police court this morning, that OF
Il. N. Duke being on call.
The two men convicted yesterday after
noon were Henry Bruner and Ross Nc
MILAN, both of whom are said to have
teen connected with the operation of the
club. When sentences were imposed each
notified the court that an appeal would
be taken, and both made appeal bonds
emitting them to their liberty until the
CO SEES can be tried and settled upon by
the higher court
Courtroom Crowded.
The first of the cases, that of Henry
Ii uner, was called early yesterday morn
ing by Judge Feagin. The court room
was uncomfortably crowded and although
a large number of extra seats were pro-
vded every bit of available space was
taken Representing the defendants were
Attorneys j. T. Glover and Charles Wea-
yer, while Attorneys S. D. Weakley an
Clarence Ballard represented the Low and
Order league and Assistant City Attorney
J. O. Smith the city in the prosecution
of the cases.
AS soon as the cases were called the
question of the right of the defendants
TO a trial by jury was raised and the
pafleying of the counsel for the respective
sides occupied the time of the court up
Until noon. Attorneys for the defense
Gained that under the general act of
the Legislature passed at the last special
session the defendants had the right to
demand a trial by jury within twenty
DAYS after the arrests were made, while
the prosecuting attorneys cited section 4
of the special act of the legislature Great
isg the inferior criminal court of Ala
hama, which contained clause to the
effect that a defendant was not entitled
to "a trial by jury unless a request was
made for the same either at the time OF
the arrest or at the time of making
bond.
Bodeker Placed on Stand.
Chief of Police Bodeker was placed
on the stand and he testified that no
such request was made by the defend
ants.
l.,f1
that the general act of the Legislature
superseded the special act, and that this
entitled the defendants to a trial by jury.
while Attorney Weakley submitted an ar
gnment to the effect that a general act
Gees not supercede special act if the
general act is passed after the special
sct and does not contain a clause annull-
ing the special act.
After hearing the arguments Judge Fea~
sin ruled against the defendants ana
when the city announced that it was
ready to proceed he forced the defendan !
to trial without a jury
The first man to be placed on trial was
Henry Bruner, who was arrested in 1.-The
Social Reading club" in a raid made oy
Officers Street and Stapp and Lieutenant
Hagood Saturday morning. The warrant
upon which Bruner was arrested charged
him with violating the prohibition law
Saw Operations Through Window.
Officer Street. who was the first wit
ness called testified that the defendant
was in the social club on Second avenue
at the time he was arrested. The witness
testified that he had taken a position on
top of the house in which the rooms oc-