The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-05-13
IRWIN POPE CASE
GOES TO THE JURY
Judge DenounCeS DemOnStra-
ton In Court Room
ANOTHER MAN IMPLICATED
Young Attorney Sterne for Defense
Makes Out Strong Case Against
John Body for Murder of
James B. McCurkin.

Admission. May Especial -"Out-
rageous9 is the word used by Judge
Thomas W. Coleman of the city court
in describing a spontaneous demonstra-
ton which broke out in the court room
Wednesday evening just as Solicitor
w. c. Tunstall concluded his address
before the jury in the demand for the
life of Irwin Pope, charged with the
murder of James B. McOlurkin, a prom
inent miller. ginner and farmer on
April 90.
The feeling against the negro has
been intense from the time of the COM
mission of the murder and when So
licitor Tunstall concluded an impas-
stoned utterance. one of the ablest
speeches he has made since he has been
prosecuting attorney Of Calhoun coun-
", the applause began, being taken up
In the rotunda of the courthouse and
echoed from the doors and to the very
steps of the building.
Judge Coleman was indignant at the
demonstration, and regretted that he
did not know the name of every per-
son participating in the applause,
uncivlized"
Judge colemans charge was brief.
merely stating the law and the possible
penalties in the case, but on prayer of
the attorneys for the defense, he read
written charges at considerable greater
length, stressing the theory of a rea-
sonable doubt as a point in favor of the
defendant
Neil P. Sterne, the young Anniston-
ian. who for two years carried off the
highest honors in the Yale law class,
breaking all records for proficiency, de-
livered masterpiece of logic in favor
of the defendant. He pointed out num-
erous discrepancies in the testimony for
the state, and ridiculed the idea that
Pope, man who was a tenant and one
with large credit should have gone
distance of 10 miles, by circuitous
routes to steal $3.50 worth of cotton
seed. He undertook to show that others
were implicated in the crime, if John
Body, in front of whose house the
crime was committed, were not the
principal defendant. The state admitted
that the thief had left the gin as soon
as he saw light at the house. Miss
McClurkin said her brother took 10
minutes to dress after the light was
made, and John Dodgen said he walked
to Body's house in less than Is minutes
hence, the lnleI WOulQ nave Deen past
Body's house before McClukin got
dressed unless he had reason to stop
there.
Taking this in connection with the
| fact that Body owns a wagon similar
| to the one involved in the robbery,
| that the state has never accounted for
! this wagon, the fact that the stolen
cotton seed were dumped Immediately
in the rear of Bodys house, the i'm
4 - h.
witness stand the young lawyer made
| out case against Body almost as
| strong in its circumstantial evidence as
that against Pope.
The solicitor dwelt mostly upon tn
bloody shoes found in Pope's barn the
alleged burning of his clothes in a wash
pot fire in the back yard, where sew
eral overall buttons were found-wit-
nesses testified that Pope wore over
alls on the day preceding the murder
and upon the psychological significance
of the defendants addressing Deputy
Eason as Mr.. McClurkin" when that
mans name had not been mentioned
at the time of the arrest He ac-
counted for the long distance and this
cirouitous route traversed by Pope by
attributing 1t to an effort to avoid the
limelisht. He made a strong point also
on the admission of the defendant that
he was at the barn at o'clock on the
morning of the murder, when he had
no stock there at the time, charging
that he had gone there for the sole
purpose of hiding the bloody shoes
while his wife burned the tell-tale
clothes.
The jury had not reported at mid
night
Immediately after the case of Irwin
Pope was given to the jury the trial
of Charles Walker, charged with the
murder of Alonzo Johnson at Jackson
VILE, was begun. The jury was drawn
and the case will be taken up tomor-
row.