The Montgomery advertiser., 1909-02-16

the court room as a character witness Some of the other distinguished Ala ban1ians present as character witnesses were D. W. Mccoy, ex-sheriff and ex- tax collector of Fillmore County; W. W. Wadsworth of Wadsworth. a big lum- Der man; c. F. Sedberry. ex-State Pub He Accountant: H. J. Lancaster. Pro- bate Judge of Elmore County; State Senator D. M. White of Goodwater; pr. J. A. Penton of Goodwater, and others.
 Assistant Solicitor Callahan is con- ductins the case, assisted by Solicitor H. P. Heflin and Attorney White Gib- son of the firm Of Gibson and Davis. Fall of sensntions.
 The case has been full of sensa- tional events ever since two men ap- peared at the Monarch Livery Com pany's stables on Thursday, December Sl. for the purpose of kiring . horse and buggy. When the horse andrbug. gy was not returned the Wiggins De- tecttve Agency was consulted and De- tective Walter Hanes was detailed to look after the case. The detective traced the two men to Goodwater, and the next heard of the case was when the two Phillips boys were arrested at their home near Eclectic, in Fillmore county. and rushed to the Montgom- cAS JeAL n0 AAQlcF DI the DOyS man aged to have Mir. Lathem and the de- tecttve detained at Montgomery on a charge of Kidnapping and friends of the boys reached Montgomery in time to prevent them from being brought on to Birmingham. Then followed the indictments here and the formal arr rests that followed on January 26, both of the defendants giving bond for their appearance here when the case was set.
 Attorneys came to Birmingham and had the case set for a special hearing Monday, February Is, and since that time an attempt was made to have the case mol pressed on the ground that the defendants could prove by forty or more witnesses where they were from December 31 to Januafy {, the day they arrived in Goodwater in a buggy drawn by @ mule. It is as- serted by the friends of the boys that 1t is a case of mistaken identity
 Before adjournment was taken this afternoon in the trial of Wesley and Marvin Phillips in the criminal court here, the State rested, after hearing four witnesses for the State, and a big array of witnesses for defense. many prominent men of Fillmore, Taliapoosa and Autauga counties had been called and had told of the good character the accused bore in the vicinity in which they reside.
 This afternoon the State put sn Johnson MizelI. of Hollins, Ala, who testified to seeing two men in a buggy being drawn by horse on road lead ing to Goodwater. Bud Jacobs, of Hol- lins. testified also to the same IncI- dent and he identified one of the boys in the court room.
 The defense then hogan ana CauaAo- D. M. White and pr. Penton, of Good water. gave testimony ihpeaching wit nesses of the State.
 Character Witnesses.
 A conference followed among the at- torneys for the defense, and witnesses were selected to be heard on the oues- tion of good character. Every one called and sworn said that the charac- ter of the two young men was good and excellent. Some of the witnesses knew the boys all their lives. Those testi- flying. were B. F. Birch, Shorters, Ala. i; J. W. Killough. Eclectic. preacher of the Methodist Church; D. D. Askew, Wetumpka. Solicitor Fifteenth Judicial Circuit; Lamar Smith, of L.eharp, mem Der of the Legislature; w. W. Wads- worth. Autauga Counay; J. w. Weldon, Sherif Fillmore County; Dr. D. R. Lett, Tallapoosa County; G. W. Mccoy, for mer Sheriff and Tax Collector of El- more County; H. J. Lancaster, Probate Judge of Elmore County; R. M. Walker, of Woodlawn, former resident of El- more County; L. T. Shackleford. for mer Fillmore County farmer; c. E. Ed wards former resident of Eclectic; Pro- lessor Bowen, formerly of TallapoGaIa County; L. G. Howle, clerk in Birming- ham post office; C. H. Biilingsley, Mont gomery, chief clerk in Agricultural De- partment; o. V. Butler, former resident of Eclectic; E. H. Hale, of Eclectic; R. II Stuckey, pastor Baptist Church. Ec- Iectic; Captain Sedberry, former Sher- if, Register in Chancery. etc, Fillmore County. was in war with father of de- fendants; Dr. J. A. Howle, physician and fraternal order leader of Eclectic
 Rev. Mir StuclIy and Dr. ttowle' both testified to seeing the Phillips boys in Eclectic on the morning of January S1, the day the alleged theft is said to have taken place in Birmingham. It was between and 10 o'clock and too late for the boys to have gotten to Wetumpka to take the train for Btrm- ingham.
 Dr. Howle swors that he saw the Phillips boys leave Eclectic in an old buggy with a mule drawing the same . It was a week after this that the boys returned to Eclectic and the arrest followed, and dates were immediately looked up and easily located.
 The evidence to be adducad will snow that the Phillips boys drove through the country to Goodwater, selling soda