The Birmingham age-herald., 1910-11-07
]. ). ROY ACQUITTED
 OF MURDER CHARGE
Verdict Is Rendered After a
 Series of Delays
MANY COMPLICATIONS
Indictment Is Lost at One Fine md Defendant Is Reindicted and Tried on the Last Finding and
 Acquitted

Prattville, November 6.-(Special Fri day night at 12:30 o'clock the jury re- turned verdict of acquitta that ended one of the most famous trials ever had in the courts of this county The jury retired to consider it's verdict about I o clock after being in the box hearing testimony and addresses of counsel for nearly two days. The verdict ended the trial of J. D. Roy, one of the most prom inent citizens of Elmore county, charged with the killing of John B. Tatum on January 9, last. The prominence of the accused and also Of the dead man made the contentious in the trial serious, indeed. During the long trial many wit nesses for the defendant were placed were but few witnesses for the state who knew the facts of the case.
 The committing magistrate who heard the preliminary examination of this case remanded the defendant to jail to await the action of the grand jury. The de- fendant immediately applied for habeas corpus and was there admitted to bail in the sum of S50.OO0 The grand jury con vened in the meantime and indicted in the first degree. and according to law the defendant was arrested and placed in jail again.
 The case was not ready for trial at the spring term of the circuit court, and being continued, while the defendant was yet in jail he applied again for habeas boo ,.ir nf which ba again admitted to bail in the sum of GOO. The state in this instance took an appeal from the decision of the pro bate judge, and while the papers were in preparation the 30 days elapsed, which was construed by the probate judge to be waiver of the appeal and on fur ther application by the defendant to the probate court he was permitted to go on giving the $5O.Oo0 bail bond as provided in the order at the habeas corpus trial.
 The attorneys for the state and the at torney general of the state made appll- cation to the supreme court for some orders against the probate judge and sheriff of the county, and such proceed ings as were deemed necessary for full investigation of the matter, and as it Is understood here some of these orders are still to be heard and passed upon
 
 the next few days.
 To add to the many complications of the case. the indictment was lost between the continuance by the circuit court and the trial at the habeas corpus trial last had, and on the meeting of the fall term of the court the grand jury preferred another true bill and the old one was nolle pressed and he was tried on the last finding of the grand jury and acquit- ted as stated.
 A remarkable scene was that of wit ness after witness being put upon the stand add testifying that he or she was related to either the defendant or the dead man, J. B. Tatum, and generally they admitted they were related to both the defendant and the deceased, for the reasons that the accused and the de- ceased were cousins Es.'
 Tee Mum, who was tried for killing Arch Smith, both negroes, was found guilty and the jury. asked that he be hanged. Lawson Johnson, who was tried for killing Emma Johnson, his wife, on the streets of this city last May, and whose case Is now in the hands of the jury, does not know his fate. The evil dence being very damaging to his plea of not guilty, 1t Is expected that he will receive a life sentence or perhaps to hang The court is now trying the case of George Johnson, charged with killing Tom Moss