The Montgomery advertiser., 1909-12-09
COMMISSONERSNOT GUILTY
VERDICT IN MATTER OF MOBILE
 JAIL WORK.
Case 10 Heard and Jury Makes an Ex- aminatfon of County Build ing That is com-
 pIuined Of.

Mobile, Dec. s.--tSpecial )--yohn T Bauer, John cowley. John D. Hagen John simmons and Frank F. Andrews l composing the Board of Revenue ana Road Commissioners of Mobile County who have charge of all the property ol the entire County. were arraigned to day in the City Court on an indict' ment found by the last grand Jury charging them with not maintaining z proper jail. The case occupied the at tention of the court nearly the entir, day and the jury. after deliberatine over the evidence returned q verdict of not guilty.
 The case was called about 1o:st o'clock and the selecting of jury was the work of few minutes. After Ju. TOTS Coleman. Jones and Barnes had been excused the following jury wa: accepted by both the defense and the prosecution: c. Cohn. Charles BaIzii Martin Holbrook. Alfred Adams, John Donahue, James Dooley. Frank B Cleveland, Moses Cans, John Eastburn John A. Walker. Andrew l.. Krigler and Charles M. Williamson.
 Attorney Webb, for the defendants said that he intended to show by evi- denee that they had constructed a proper jail of the best material that money could buy after ex-President
 
 bers had visited jails and prisons In various parts of the country. He said that no jail is expected to be bomb proof but reasonably secure, and that the defendants had erected such a structure. and 1t was expected that the men in charge of the jail should be inen of courage and that they shoula use the proper means to protect the prisoners. The attorney further said hn f0lI t..t th- t .x.4 nT [ he city and two blocks from the police station and that the Commissioners were not guilty of the charge against them.
 Solicitor Stallwurth In reply said that the grand jury Of the February term of the City Court of this year had recommended Improvements to the County Commissioners for the jail ana that they had received no attention and offered in evidence the report.
 The report was objected to by the defense and the court overruled the ob- lection. The Solicitor stated that the last grand jury had reiterated the rec concentrations or the February grand jury and the Commissioners paid no attention to them. chis was also ob- jected to by the attorney for the de- fense. In closing about what he in tended to prove, the Solicitor said that the grand jury of the October term had found the guard room insufficient as well as the jail and returned the in dictment
 The judge. court oficials. the jury, attorneys and defendants. at the sug- gestion of the Solicitor, went Tn a body 10 the county jail.
 The State put on two witnesses in the case, Thomas A. Powers. jallor under exSherlff Frank Cazaias. and Leonhardt Benz, one of the architects of the new jail. They testified as to the construction and surroundings of the guard room that the indictment claimed was not sufficient.
 The principal witness for the de- fense were Commissioner John D. Ha- gan and Chief Deputy Sheriff J. r. Kenny under Sherirf John s. Drago. Commissioner Hagan testified that the recommendations of the two grand Juries had been noted by him and that he called the attention of Sheriff John s. Drago to the matter and that the sheriff requested him not to put any Iron or steel sheating around the guard room as 1t would ihaie tie place un- inhabitable and the guards could not live in It.
 Chief Deputy Kenny testified that he Si ad sasr smDlGS sS. # fusra nu%Ss1 roo% was safe and that 1t could not be lm- proved on as to the betterment of it's condition.
 The testimony showed that the Com missioners were not at fault and the State made a complete failure in It's efforts to convict.
 The jury was out but eight minutes when It returned the verdict of not guilty.