The Birmingham age-herald., 1911-11-23
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ka4 saeember 22.-
 tsa nseak -lcs.ng arguments
 spefsG 4 Aeemed probable to-
 tEa kH tar party case would
 ID falss tomorrow The testimony zte s,n rgsted shortly after noon today.
 seca8s of two hours was then tanen e the judge prepared his instructions Prosecutor NIcCanless completed his ad- dress before adjournment
 At a night session J. J. McCurdy and z. c. Mlliken spoke for the defense. Col. David Pitcher and A. N. Hawkes., repre- senting the defense and the state respec- lively, will speak tomorrow.
 Attorneys for the defense regard the judges instructions as highly favorable to their clients. Prosecutor McCanless said he was satisfied with them, how ever. The instructions were that the de- ferdants might be found guilty of aiding and abetting in the crime, even though they were not present.
 But the mere fact that the defendants had talked with the assailants of Miss Chamberlain regarding the contemplated attack was not in itself sufficient ground on which to base a conviction.
 The court room, which was half filled this morning, was again crowded when Prosecutor McCanless began to speak. Many persons brought their dinners with them in baskets and remained In their seats during the recess prior to the night session.
 Miss Chamberlain occupied a seat near the jury box, where she had a full view of all the jurors. Her mother was with her The tbraa HafeOdantc inn Sherril Clark and John Schmidt, also switched their chairs about so they faced the jury. Simms' wife sat by his side. The other two men were unaccompanied. One who heard part of what the speak CT said was Edward Ricord, the barber, who decoyed Miss Chamberlain to the tarrers. He is confined in the one story jail under the north caves of the court house.
 When County Attorney McCanless be- gan speaking Ricord, who rooms in the interior of the jail, because he is the Cnly occupant, threw shovelful of coal in the stove and went over to the front door to listen. AS the speakers voice became louder Ricord said:
 I'll bet he's giving it to us. I'm sorry can't hear those speeches better" Two of the defendants, John Schmidt and Sherril Clark, were the chief wit
 
 he statement of Simms that the three defendants never intended to be parties 0 the "tarring, but admitted they made m attempt to reach the scene of the crime.
 Clark explained that he was at the mill from which the party started because business called him there. Schmidt said he just dropped down to the mill to see the boys" as was his nightly custom.
  warn the tarrers against painting the school teacher.
 A dozen other witnesses, among whom were E. G. Clark and Chester Anderson, were called in rebuttal.
 Attorney Miliken centered his attack on the testimony of Chester Anderson. the states chief witness, who said that he was asked by Simms and Clark to lecoy Miss Chamberlain. Anderson, the attorney, was seeking by his testi- mony to shift the blame to the de- and thus put his case which will come up later, in a better light. Denial that it was the intention of the defendants to aid in the "tarring" was made by the speaker. Every move of the men on the night of the attack indicated that they were not unduly interested, he said. Even after the crowd that committed the crime had left the mill, he continued, the defen- dants loafed around Shady Bend and did not rush to the scene as they would have done had they wanted to be active The speaker accused of injuring the county by carrying stories regarding the crime saying:
 You must not be led by the crazy reports of newspapers which know nothing about the case"
 Attorney McCurdy charged that James Booze was arrested in the hope that he might refuse to testify in this case and thus deprive the defendants of the assistance of his story.
 At the close of this address court until tomorrow.