The Birmingham age-herald., 1912-05-22
COL. p. |. BOWMAN ACQUITTED BY JURY Tried on Charge of Barter
 ing His Office WAS A SHORT TRIAL State Based Case on Agreement Be- tween Bowman and Gambill.
 Judge Ordered Jury to
 Acquit Defendant
WAS A SHORT TRIAL

Judge Ordered Jury to
 Acquit Defendant Col. Peyton G. Bowman, former back i tax commissioner of Jefferson county, l was acquitted yesterday in the first di- vision of the criminal court of charge of bartering away his office to A. A. Gam | bill, better known as Dick Gambill. | The case was tired before Judge Frank l'Cahalan, who, at the conclusion of the tes- tlmony and a brief argument from the attorneys, gave a general charge for the defendant. The jury returned a verdict or "not guilty" without leaving the box and the defendant was discharged.
 The case was called yesterday morning at 9:3O o'clock in the first division of the criminal court, Judge Frank Cahalan presiding. Assistant Solicitors Ed Win ston and Hugh Locke represented the state Colonel Bowmans partners, w. NJ. Howard and Charles Weaver. and Attor- ney Isidore Shapiro were counsel for the defense.
 Short Trial
 The trial lasted less than three hours; the state relying principally on the con- tract made between Colonel Bowman and MT. Gambill, in which the latter was placed in charge of the office of back tax commissioner. to make out the case
 Colonel Bowmans defense was that he had at all times maintained supervision of the office \that no taxes could be, raised except by him, that he countersigned the checks of the office and that the agreement between himself and MT Gam bill was for the latter's compensation as his assistant.
 The state had the following witnesses present: II. '. Brooke, state examiner; w. P. c. Harding, president of the First National bank; Culpepper Exum, presi- dent of the city commission. George B. Tarrant, county tax collector; W. T. Poe, w. w. Crawford, president of the Amer can Trust and Savings bank; I. c. Beatty, pr. A. Gibson.
 The only witness for the defense placed O the stand was the defendant himself.
 The Indictment
 The indictment read as follows:
 "The Criminal Court of Jefferson County,
 September Term, 1911:
 ''The grand jury of said county charge that before the finding of this indictment Peyton G. Bowman, county tax commis- sioner of Jefferson county, state of Ala bama, having been appointed to the office of county tax commissioner of Jefferson county state of Alabama, did unlawfully bargain away said office.
 ''The grand jury of said county further charges that before the finding of this indictment Peyton G. Bowman, county tax commissioner of Jefferson county, state of Alabama, having been appoint ed to the office of county tax commits sioner of Jefferson county, state of Ala bama, did unlawfully bargain away said office to IA. A. Gambill, alias Dick Gam | bill, whose name is otherwlse unknown to the g&and jury.
 "The grand jury of said county furthei charges that before the finding of thi. indictment Peyton G. Bowman, count, | tax commissioner of Jefferson county state of Alabama, having been appointed to the office of county tax commissioner of Jefferson county, state of Alabama did unlawfully bargain away sad offict or did completely bargain away deputa' tion thereof to A. A. Gambill. alias Dick Gambill whose name is otherwise un- known to the grand jury"
 Plea of Not Guilty | Attorney w. M Howard entered a plea 
 | Colonel Bowman had done no wrong, but had simply followed the custom of hS predecessors in the employment of ar assistant.
 Examiner of Public Accounts II. Y Brooke was the first witness for the state | He told of his assignment to examine tht back tax commissioner office. He saiC he found MT. Gambill in charge of tn, office and that certain agreements be tween the defendant and MT. Gambill hat | been made.
 The witness testified that the books O l the deposed tax commissioner were wei kept
 | George B. Tarrant tax collector of lief ferson county, testified as to the power O attorney given by Colonel Bowman to Mir ! Gamhill authorizing the signing of re cepts. MT. Tarrant stated that his chic l clerk had a similar power of attorney.
 Culpepper Exum and w. P. G. Hard l ing~testihed as to seeing the power of at torney but knew nothing about the natur l of the transaction. w. T. Poe, who wa connected with the back tax commission | CTS office, testified that Murray Whit was chief clerk under Frank s. White, Jr
 W. w. Crawford Testified | w. W. Crawford. president of the Bir 1 mingham Trust and Savings bank. wa called to the stand but knew nothing O the contract between Colonel Bowman | and MT. Gambill.
 Colonel Bowman took the stand in hi own behalf. He told of his agreemen with Gambill. in which he (GambilD wa to be his assistant, and that, like hi: predecessors, he would give him half ths | fees. He denied at any time relinquish | ing the office to which he had been ap pointed He told of a business trans action he had had with Gambill. Coone < Bowman also stated that Governor O Nea 1 Rad made favorable comment on Gam | bills appointment.
 | Colonel Bowman was not on the stanf more than a few minutes. At the con clusion of Colonel Bowman's testimony | his attorneys made a request that the ! judge give the general charge for the de | fendant, alleging that the state had failed to make out case.
 | Judge Cahalan heard brief argument: on the request for the general charge fol the defendant, during which time the jur, was taken from the box. On their return 1 Judge Cehalan gave the general charge | for the defendant and without leavins l the box the jury returned verdict of no guilty and Colonel Bowman was dis oh,