The Birmingham age-herald., 1913-05-25

his positive convictions in detail as 10 the
removal of the recorder.
1t is gathered that Mr.. Exum for the
present will abide by the ma iority wishes
of the commission, but it is not taken as
a certainty that he will continue silent in
reference to the actions of the recorder in
connection with strike cases. Mr.. EXum
has believed for some time and has so
stated that Wood was not sufficiently
poised to be recorder for this city. How
ever, out of respect for Judge Lane moth
ing has been publicly stated by Mr.
EXum.
Recorders Court Proceedings
In the recorders court yesterday morn
ing James Burris, young white man,
who stated to the court he was a
striker was declared not guilty by
Recorder Wood on a charge of assaultins
John Browning, a negro laborer, eT1-
ployed on the Clark building. Park ave-
nue. and Twentieth street, the recorder
then ordered the arrest Of Browning on A
charge of assaulting Burris with a knife.
The assault on the negro occurred last
Thursday, but the case was continued un-
til Saturday At the trial yesterday
morning Browning testified that he was
struck with a piece of scantling by the
defendant. which was corroborated by two
other negroes who were at work on the
building. all of whom were positive as to
the Identity of the defendant. negro
witness stated that the defendant was not
the man who struck Browning, but tnat
1t was a larger man.
Burrss denied striking the negro with
anything but his fist, and stated that the
negro had called him poor white trash =
threw a brick at him and cut his coat
sleeve with knife. He admitted that ho
asked the negro to quit work and that ne
had a difficulty with him.
Officer Mahaffey, who made The arrest,
testified that he was not present at the
beginning of the difficulty, but that he
saw the negro and the defendant scuf-
fling. He also testified that he had seen
enother man with piece of scantling IN
his hand, and that the defendant showed
him the cut on his coat
Ben Davis. attorney for Burris. con-
tended that the city had failed to make
out a case and the court discharged the
defendant and ordered the arrest of the
negro Browning.
Gus Halman and W. H. Collins, charged
with assaulting two negroes in front OF
the Young Mems Christian association
building were fined S. and $40 respective
1y The evidence shows that the defend-
ants followed the negroes and demanded
to see their card and in doing SO Collins
struck one of them on the shoulder. The
Judge neld Inem Sullly OI iiilu as
sault' and imposed the above fines which
were Immediately paid.
There was no evidence against Gus
Wolf who WAS arrested in connection
with the trouble that occurred on Sixth
avenue and Twentieth street. and he was
discharged. The court also discharged
John Reed, who was arrested al the same
time, on motion of Attorney Ben Davis.
who claimed a variance between the proof
and the allegations OF the complaint.
West End Cases Continued
The six cases growing out of the West
End trouble OH Thursday afternoon
were passed until Wednesday. May 2s.
The arrests were made by Officers OAR
nell and Warren and were as follows:
Tom willard, on charge of assault
and battery and trespass after warning
r. s. Teal. assault with weapon and
trespass after warning; Frank Heck. as
saut with weapon and trespass: Fred
DeHolt, assault with a weapon and tres
pass; Marion Allen. trespass and assa ult
with a weapon.
The court room was crowded yesterday
morning when the strike cases Were
called, every available space being filled
with interested spectators. The crowd
was very orderly and listened with keen
interest to the proceedings. While the
crowd gave evidence of their pleasure at
the findings of the judge there was nc
demonstration and by the time the last
case was tried all except the witnesses
had left the court room. There were
many other cases on the. docket which
were disposed of during the intervals
between the trials of the strikers.