The Montgomery advertiser., 1909-02-16
PHILLIPS BOYS FACE CHARGES Their Trial Begins in
 Birmingham. AN ARRAY OF WITNESSES Brothers Charged With Theft of
 Horse and Buggy. Two sensstiens Were Furnished When The Manager of the stable and
 Negro Empleye Tdentiaed
 the I've Boys.

Birmingham, Feb. 15--(Special.) LA large crowd gathered in the Criminal Court room today to give evidence in the case or to listen to the evidence be- ing heard, in the hearing of the charge against Marvin and Wesley Phillips, sons of J. M. Phillips, one of Fillmore County's prosperous citizens. the theft of horse and buggy being alleged.
 The alleged theft was from the Mon- arch Livery Company. in Birmingham, of which ]. D. Lathem is manager. De- velopments of a sensational nature transpired Tn the court room during the cartier part of the trial. The de- fendants deny the allegation and have a large number of witnesses to prove what they claim is true, that they did not get the horse and buggy, and that they are falsely accused.
 The case wili last for day or two yet. Strong legal talent is here TOT ahd against the accused.
 Beys Are Identified.
 The first thrill went through the large crowd gathered in the court room vzhen !. b. Lathem, manager of the lis- erv company, identified both Of the vounr men. He declared that ono or them went to the stable on Fourth Aye nuA. near Twentieth Street, tue morning of December si. ana uaxsa Mh01lE ~ he was reluctant about letting him have d horse and buggy and told nim to return later. Some time before noon Inc man returned and cancelled the er- aer ha said. and in the afternoon MT. r .atham said that another man put m bIs anpearance and got . horse ana hur1y from some one else at tne sta- bie' He said he saw the second m man a, and identified him as oae e1 the
 
 lips boys. .n aoy came ,vbar q negro named Scott, employed st tha stahle. Identified one of the defeno- ants as inc man who came to the sla- hia fn the afternoon and got tne morse ..,A hurCv The defendants were hot -astad together at the time the negro rr,tnsss was on the stand and they were surrounded by eight or ten iaW- vera and interested friends.
 srwouId you know the man that calhe ont there that afternoon IT you say him aRain?" asked Captain eanA 2. White. who was retained as ieaoihs counsel for the defendants.
 II would" answered the wines
 Resistant Solicitor Frank Cahalan then asked that court direct the de' fendants to stand up. Captain Whlle ia mn the other attorneys for the ae. fenae objected and the court refuseo toJhawe the men stand up.
 "Suppose you come over here and nick out the man you saw set tne horse and buggy" said Captain Wnlte
 The negro got down from the witness stand and proceeded to point to one ol the defendants, saying: There IS Sns man."
 Scott was the last witness on the stand before the hour for recessing TOT lunch, and the indications are that the case will take up several days. The defense has any number of witnesses here to prove that the two men ac- cused of the theft were in Fillmore County on Dee. S1. and 1t is expected that any number of sensational mel dents will be brought out during the trial. The indictment against the two men were returned by the January grand jury. It charges embezzlement and grand larceny of horse valued at S15O, one buggy valued at SsO. and one set of harness valued at &1o.
 when the case was called In the Criminal Court Monday morning the defense was represented by Capt. Frank White. Frank W. Lull of We" tunplra. D. H. Riddle of Goodwater. and Tyler Goodwin of the firm Of Goodwin & Mcintyre of Montgomery. MT. Goodwin is a member of the Leg islature, and Representative L. c. smith of Fillmore was also present In