The Birmingham age-herald., 1910-12-10
WRAY CASE IS NOW
 IN HANDS OF JURY A Mistrial Is Predicted in As
 sault Case WRAY IS PUT ON STAND Claims He Was Not Present During the Fight But That He Went to the Scene Afterwards Out
 of Curiosity
WRAY IS PUT ON STAND

The case of Dick Wray, charged with assault and battery and carrying con- eealed weapons in the attack on Arlie Barber in his drug store last month, went to the jury in the first division of the criminal court last night short l ly after 6 o'clock. The jury adjourned to their hotel for supper about an hour l later and deliberated until 10:30 o'clock when they retired. Indications are that the hearing of wray win result in mistrial.
 The witnesses for the defense were put on the stand yesterday morning and arguments were made at the aft ernoon session. Z. T. Rudulph opened for the state. He was fololwed by White E. Gibson and P. G. Bowman for the defense, and Solicitor H. P. Heflin closed for the state. Judge Weaver presiding at the trial. gave quite a lengthy charge following the arguments and read number of writ ten charges submitted by the attor- neys.
 Judge Weaver charged the jury that Wray was accused only of assault and battery on the person of Arlie Barber, for which if found guilty he could be given the maximum punishment of a $500 fine and six months in the coun- ty Jail The court stated that owing 10 the feeling shown in the trial he would leave the specific sentence to be fixed by the jury and the verdict returned, if one of guilty, will state whether Wray shall be given both fine on7 ;,,,-.ieoor,apt or either
 In order to establish Wray's inno- cence of complicity in the Barber as- sault the attorneys for the defense yes terday made an effort to prove an alibi The defendant himself, when placed on the stand, declared that he had not heard that Barber had made any charge against him in the police court on the day of the assault and that no i'll feeling existed between him and Bar Der. Wray stated that he was stand ing in front of his place of business at Morris avenue and Twentieth street when he first heard of the trouble at Mr. Barbers drug store. He testified that while there Oliver A. Chaddock, one of the witnesses, passed and spoke to him. Later, he said, he went out of
  was the trouble.
 officers Moser, Carroll and Burge and Night watchman Hulgan of the Vim berly-Thomas hardware store, stated that Wray arrived several minutes af- ter they did. Officer Carroll testified that Arlie Barber pointed out Wray as one of his asasilants and asked that he be elected from the place. He stated that he did not arrive at the store un- til after the fight and did not know whether Wray had been there pre- viously. Night Watchman Hulgan tes- tified that he arrived at the store after one of the fights-he could not say which-and that Wray was not there, not coming in until later O. A. Chad dock of Woodlawn corroborated Wray's testimony as to their meeting in front of Wray's place of business.
 Showings were made for Dick Long and w. L. Fulton, absent witnesses for the defense. Their statements were to the effect that they were at Barber's drug store at the time of the assault on Barber but that Wray was not. and was in no way implicated
 Solicitor Heflin, in his argument, de- elared that the alleged absence of Wray was a prearranged trick to In | cure his safety in case of arrest. He ueQ that IL HdNS oSch 1h easy matter for Wray to go to his place of business, only a block and half from Barber's store on First avenue, and return later to the scene of the assault, as testified.
 The court room was literally pack ed at yesterdays session of the trial. All the seats were occupied and all avail able standing room, even in the en- trance, was taken up. Some of the arguments were bitter with personal allusion and invective. but the trial passed without developments of sem sational nature.