The Birmingham age-herald., 1910-12-09
WRAY CASE CALLED DESPITE EFFORTS
 FOR DISAPPOINTMENT Much Feeling Shown in Case for Assault on Arlie
 Barber WEAVER ORDERS TRIAL TO PROCEED AT ONCE Attorneys Have Tilt Because of Inn pIication That Someone Might Try fo Bribe the Jury--Resumes
 This Morning

This Morning
 With futile attempts of all kinds by the defendants attorneys to have the case continued, the trial of Richard Wray. alias Dick Wray. charged with assault and battery on the person of Arlie Bar ber and with carrying concealed weapons was begun yesterday in the first division of the criminal court, Judge Samuel L. Weaver presiding.
 Judge Weaver overrued all motions for l postponement when the case was called yesterday morning. wray appeared in court at 9:so and his attorneys, Gibson & Davis. submitted as proof that he was not In contempt Of court for being ab- sent at the first two hearings, a certif- cate signed by pr. W. H. witt of Nash vile stating that a Mrs. R. V. Estes of that city had been i'll for some eight weeks and had been under his care. IL was alleged by Wray's attorneys that Mrs. Estes is his sister, and that he was called to Nashville Saturday to attend her.
 Judge Weaver refused to accept the oer-
 
 ruled that the defendant was In contempt of court.
 Counsel for defense then moved that the trial be continued, as Messrs Beddow & Harsh, employed by Wray as attorneys, | were engaged in other courts; as P. C.. Bowman, another attorney employed, was ill and as Gibson X Davis, the movants, were engaged in the chancery division of the city court in the hearing of injunction cases being held before Judge Sharpe. Judge Weaver swept aside all these mo- tions and insisted that Wray's trial must be begun immediately. He stated that if the defendants attorneys were all en- gagged elsewhere wray would have to get other lawyers. At this juncture, 1o;1O o'clock court was adjourned for an hour in order that the defendant might secure counsel
 When court reconvened an hour later, Messrs Gibson & Davis announced that they had secured continuance of their case in the city court and would act as counsel for defense. Attorney P. c. Bow man also appeared. and moved for con tinuance on the ground that he i'll Weaver overruled the motions.
 It was stated that one of the defenses witnesses was i'll and another out of the state Judge Weaver ordered that show ings be made for these witnesses, and court was adjourned in order that tho statement be gotten from Witness ". l. Fulton, alleged to be i'll.
 Trial Begins in Earnest
 Despite exceptions of all kinds taken by
 
 and Davis, Judge Weaver insisted that the case had already been deferred twice on Monday and Tuesday. and must go to trial Solicitor Heflin and Attorney z. T. Rudolph, special counsel for the state, in sisted that the state wanted trial at once. and when court reconvened at O clock the trial was begun.
 Three of the states witnesses, Fred Fulton, Charles Barber and Arlie Bar Der, were placed on the stand during the afternoon Fulton, who was em ployed a s a clerk in Barber's drug store on the day of the attack on Arlie Bar Der. and Charles Barber, a brother of the man assaulted, both testified that : the defendant, Richard Wray, was the leader of a gang of men who entered . the store They corroborated the tes- timony of Arlie Barber that Wray had struck Barber with the butt of re- ! yolyer and with his fist Arlie Barber
 
 stand yesterday afternoon, after whose examination court was adjourned until this morning.
 Feeling Suns High Everything was excitement in the court room during the trial The ar guments of the attorneys were exceed inCly warm and every inch of the way was contested.
 When court had been declared ad- journed tilt of words between At torneys Rudulph and Gibson threw the room into a hubbub. The attorneys for the defense had stated that they saw no reason why the jury should not be allowed to go home, as the case on trial was only a misdemeanor. The state objected and when Attorney White Gibson jocularly asked Attorney Rudulph if he were afraid any of the fury could be bribed, Rudulph took exception strongly.
 Your honor, I am opposed to any such reflection on the honor of this jury" said MT. Rudulph loudly.
 The bailf had to take steps to re- store order before the Voice of the court could be heard. Judge Weaver stated that he had implicit confidence in the jury, but believed 1t only right that they should be kept under surveil- lance of deputies.
 Juror Protests Juror Borum arose at this juncture and stated to thS- court that he was III and unable to serve on the jury. Judge Weaver told him that he could not be excused, but would have been had he requested if in time.
 When the Wray case has been con cluded those of Dick Long, W. l.. Full ton and c. W. Smith will be given & hearing.
 great amount of interest is being shown in the Wray trial and crowd- ed court room is expected this morn ing