The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-25
ALEXANDER CASE
AGAIN POSTPONED
Attorneys in Long Wrangle
Before Benners
STATE WAS NOT READY
Defendants Counsel Insisted on Pro.
ceeding, and After Much Con-
fusion Delay Was Secured
Until This Afternoon

When the preliminary trial of Rob-
ert L. Alexander for the killing of
A o. Liddon was called yesterday
morning In Judge Benners' division of
the inferior court, but two witnesses
answered and the case was continued
until 4 o'clock at the request of the
defense. When it was called at the
latter hour the court room was packed,
there being nearly 300 men In the place
The case was again continued until 9
o'clock today
But II witnesses answered the call
out of list of about 80 which the
state had furnished. Assistant Solic-
itor J. B. Arid and Attorney William
P. McCrossin represented the state and
announced that they were not ready.
The defense presented a strong ar
ray of legal talent, being represented
by B. M. Allen, P. G. Bowman and
Zell CASTOR. The defense announced
ready and insisted that trial proceed.
The state protested and an argument
| resulted.
Judge Benners announced that tn 6
state should have been ready and tha
the case must proceed. Tho state still
protested, stating that they had had no
| chance to talk with any of the wit
| nesses, and that one of the most i'm
portant eyewitnesses, a woman, was
too i'll to attend court. A DOCTOR
certificate to this effect was produced.
yr. n.
was very Ill.
I'VE will proceed with the case,'
announced Judge Benners.
THE state has had no opportunity
to consult with these witnesses; we
nave been diligent in the effort to Sc
cure them. and we don't think it fair
to proceed with the case under these
cerned 1 am not going to represent the
state under the present conditions" said
Assistant Solicitor Arid.
| i've been waiting here for 10 days
to hear this case and you should have
seen these witnesses" said Judge Ben
ners.
Wasn't that list of witnesses just
given you today?" queried Bowman OF
Judge Benners.
YES" replied the judge.
I'VE insist upon proceeding with the
case, then" said Messrs. Allen and Bow
man in unison.
Go ahead with the case" said Judge
Benners.
| But what about this important eye.
|
and for whom we have a doctors GER
tifcate to this effect?" said Attorne.
McCrossin for the prosecution.
Matters were becoming greatly con
fused. Half dozen lawyers wer.
talking at once and the court room
was reaching the point of disorder
Judge Benners raped for order, Will,
several deputies called for order IL
the court ROOM.
When everything was quiet Judge
Benners ordered the state to proceed
with the witnesses 1t had. Mr.. Afro
| then stated that he would present but
one of the IL who had reported, this
one being DIR. w. P. McAdory
Mr.. Arid told the court that he
wished to ask DR.. McAdory a ques-
ton before he placed him upon the
stand. Consent to this was granted ant
Arid asked McAdory If he had per-
formed the post norton examination
upon Liddon's body. McAdory replied
that he had not; that DR.. w. w. Iona
of the Long Hardness infirmary hat
performed it, but had told him about
it. Arid then informed the court that
he did not care to place McAdory upon
the stand.
1t was discovered then that the re-
turn by the sheriff on the subpoens
for DIR. Long showed him to be in Chi.
cago at the bedside of his father, who
is reported to be very low. Inquiry
by telephone to the Long Hardness in
firmary brought the information that
DR.. Long was In Chicago.
The defense insisted that all of the
witnesses summoned be examined The
state asked for continuance. Judge
Benners wanted them to name definite
time and after much talk the state
agreed to see it's witnesses by 2 o'clock
| today.
/
Real Estate Transfers