The Montgomery advertiser., 1909-02-17
CHARACTER OF PHILLIPS BOYS Many Witnesses Testify
 For Them. SECOND DAY OF TIE TRIAL Defense is Working on an
 Aibi o.. of the Jurors Hearing the Case Had Psrsenai Dimeulty Yes-
 tsra.y Neoa with t Negro waiter. x 

Birmingham, Feb. 16--1SpecialD- Another big batch of witnesses were examined today In the criminal court, . in the case of wesley and Marvin rhil- lips, the two well-known Elmore Coun- ty young men who are chargel with the larceny of horse and buggy from che Monarch Livery stables Tn Birm- inwharn on Dec. 3l.
 The xood character of the young men is being sworn to by many mel. An alibi is being worked ofi now, wit nssses being on the stand today who aaw the yosing men driving in m old buggy attached to c mule, near Good-i water on the date that they were seen there and the young men were selling soaa water fountains. None of the witnessed saw the young men driving . horse to q buggy. A ssrryi1an near 0oodwater who did ferry across two young men driving a horse in . buggy. testified and posetively asserted that the two Phillips boys were not the men. one of the witnesses wio was on the stand and who named the date that he saw the Phillips boys in an old buggy being drawn by nule. says that the date was impressed on his mind by reason of Ehe fact that there was a wedding In his family about that time. The case will be on still another day.
 Two interesting Incidents took place ], today. one was the ordering of all negroes from the court room by Judge Green. It appears that for some time a large number of loafing negroes nave been occupying the seats in the court, causing white people to stand up. The negroes were just simply watching the operations of the court. They imme- diateiy left when the Judge instructed the batliffs.
 Juror in Fight.
 Another incident was a report given to the judge that one of the jurors nearing the case had had a personal difficulty with . walter in the restau- rant where the jury Is taking meals. The juror ts said to have used his uTn- brella over the head of the waiter. Judge Greene stated that he had made an effort to get the best hotel possi- ble for the men on the jury but that because of crowds in the cityI tt was not an easy matter to get the best Kind of a place.
 After adjournment was taken in the Phillips brothers case this afternoon, t was announced that the defense would probably complete their side of the case by noon WednesdaN The witnesses ealltd today placed the. de- fnedants from Eclectic on December ai to Goodwater two days later. the crown nule and old buggy being tes- tined to by many. ~ Men rom Equal ity, Kellyton. Rockford. Goodwater and between all these places. were placed on the stand and a connecting story was secured. The date was remsn- bsrsd because of weddings. birthdays and other causes. Those who were on the stand today and told of seeing the two Phillips boys and hearing of them selling soda water fountains and of good character were: J. c. WaIdrop, justice of the peace. at Socapotoy; A. V. LivinRston. L. D. and [. A. Ward, of socopetoy: Sam Cousins. a medical college student in Birmingham, who was at Equality on December g to January 3 and saw the Phillips boys there on that day. his birthday: J. W. Ledbetter. Rockford: A. T. Tucker, John F. Rosa, Melvin Nolen. H. c. wright. all of Equality: Glen Wood, R i. l.. Johnston. N. F. Gerald, S. T. Wall. ? J. A. Whetstone. A. N. Mason, l.. R. Moore. Rev. ]. M. Johnson. J. T. Edwards, of Eclectic; James N. Parker, Equality; E. P. Gasden. qoodwater; A. L.. Lacksy. Keilyton; A. W. Liv- ingston, Kellyton.
 Solicitor CAhalan stated late this af- tefnoon that he did not believe the case would close until Thursday, in- timating that the State had some more witnesses to bring out