The Birmingham age-herald., 1909-01-19
CONTRADICT DICKERT IN COMER LIBEL SUIT Governor Again Takes Stand In
 His Case GOES ID THE JURY TODAY
  Counsel for Advertiser Announces That Character Witnesses In Dikert's Favor Will Be Intro
 duced Today.
 
GOES ID THE JURY TODAY

Advertiser for $o0,OO0 damages was re- sumed in the first division of the city court yesterday before Judge Charles A. Senn and a jury. The plaintiff is rep resented by Capt. Frank s. White, S. D. Weakley and E. H. Cabaniss The de- fense is represented by W. I. Grubb, A G. Smith and B. c. Crum of Montgomery.
 The suit is based upon an alleged libel contained in an affidavit made by E. A. Dickert and published in the Montgomery Advertiser on Sunday, April 10, 1904, the day before the primary election in which B. B. Conner was candidate for railroad commissioner.
 Court convened at o'clock and the de- fendant put Jones G. Moore on the stand to corroborate the testimony of Dickert on Saturday, In answer 10 Attorney Grubbs the witness stated that Dickert came to his office with Mr. Starks and made the statement contained in the affi- davit; that 1t was written down by his stenographer, Miss Jones, who is also 8 notary public. and that several copies of it were made, one of which was sent to MT. Elmore, the chairman of the Smith campaign committee.
 The witness was cross examined by Captain White relative to the procure ment of the affidavit and the wording Of 1t and the sending of it to MT. Fillmore.
 Captain White: MT Moore, who wrote this affidavit?"
 Witness: My stenographer, Miss Jones'"
 Captain White: Who dictated it to the stenographer?''
 Witness: "Dickert'
 Captain White: Did Dickert use the phrase State of Alabama, Jefferson coun- ty, before me, etc.?
 Witness: NO. My stenographer as notary public used these words She knows more about such matters than l do."
 Captain White: Well, who supplied the rest of the phraseology?"
 Witness: Miss Jones and myself Dick ert furnished the ideas and made the statements which we afterwards clothed in proper language
 Captain White When was the affi- davit sent to Montgomery"
 Witness: T don't know. A message had come to my office and Miss Jones had sent it, I suppose Captain White: Does Miss Jones send | papers out of your office without con- sulting you?"
 l Witness: "Yes. She knows my busi- ness in such matters and acts according. ' Captain White How many copies of the affidavit were made and what was done with them?"
 Witness: T don't know how many were made; some were sent to the Birming- ham papers and some remained in the office'
 Captain White: "At the time that you that he had an uncle and aunt and cousins in South Carolina"
 Witness. No"
 Captain White: Did you ask Dickert why he did not tell MT. Conner of the relationship between them?'
 Witness: T did not
 Captain White: Was the paper read over to Dickert before he signed it, and did he swear to its truth?''
 Witness: Yes It was read over to him, but I don't remember his holding up his hand when he was being sworn. saw him sign it.'
 In answer to Mr. Grubb the witness stated it was his stenographer who ad- ministered the oath and that she knew her business as notary public.
 The examination of MT. Moore con- cluded the case of the defense.
 Wilkinson On Stand.
 The plaintiff commenced its rebuttal testimony by the examination of D. Wilk- inson. who testified that on June '. 1904, he went with B. B. Conner to Newcastle, a station on the Louisville and Nash vile railroad, about eight miles from Birmingham, to interview F. A. Dickert with reference to the affidavit which had been published in the Montgomery Advertiser over his name. The witness stated that he and Mir. Conner approached Dickert and that he (witness) began the conversation by asking Are you Dickert. the man who made the affidavit in which you say you are cousin of B. B. Conner and that he (Comer) approached you wath reference to calling at his office to get the money for the repairs on the spur track?" He said that Dickert an- swered and said he had seen and read the affidavit in question, that it (the affi- daviD was stuffed and contained Tots of things" he had not said. That Dick ert said he did not know MT. Conner, nor did he ever claim to be his cousin; that during the interview in MT. Moore's office he (DckerD said that he had an uncle named Conner who formerly lived in South Carolina and that someone in the office said: You must be a cousin of B. B. Conner" That DiclSert said he would not know B. B. Conner if he saw him. The witness stated that during the conversation MT. Conner was standing close to Dickert and that when the con- versation was over he (witness) said to Dickert: This is MT. Conner" and that they then went away. The witness said he made notes of the conversation after vault in the bank
 He was cross-examined by MT Grubb.
 MT. Groubb: What is your business. MT. willSinson?'
 Witness: President of the Western Grain company.
 MT. Grubb: What is your business. of that company and who are the stock holders?"
 Witness: "The capital stock is $2o,ooo and the stockholders are B. B. Conner and his wife-my wife and myself"
 Mr. Grubb: What interest does B. B.