The Birmingham age-herald., 1914-01-13
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Captain White: | know you have, and
/ am not satisfied with ii.
Commissioner Weatheriy: You can ar
que that question to your hearts con-
tent but l take exception to your ask
ing the chief about our ruling
Captain Whites: 1 will protest against
it, and | will call attention to it, ana
| will condemn it as long as I live and
as long as l practice law in any court
anywhere wherever hearsay evidence is
admitted
Commissioner Weatherly: You can do
so.
Can Produce Hearsay Evidence
Captain White; / will do it, and I
will say right now, if hearsay testimony
is admissible. that this is the grandest
farce of the age, this hearing. If hear
say testimony is to be accepted then
| declare that this hearing is the grand
est farce that was ever instituted, be-
cause | can prove by hearsay testimony
all over this town that you have agreed
to condemn this man, you and another
commissioner before you ever gave h,m
a hearing.
Commissioner Weatherly: And I say
that is absolutely false; ] say that is
absolutely false.
Captain White: I say I can prove ii
by hearsay evidence
Commissioner Weatherly: 1 object to
your asking the witness his opinion of
the admission of hearsay testimony.
Captain White: / know you do. and
/ am objecting to your manner of ad-
mitting it, and l am trying to show the
folly of it.
Commissioner Weatherly: And this
commission has ruled on it, too.
Captain White: Yes, 1t has. and I am
not satisfied with it, and l don't be-
lieve the people of Birmingham are salts
fed with it, and | don't believe that as
lawyer, you can justify it,
Commissioner Weatherly: This is not a
trial in court of law.
Captain White: 1t is trial In court
of law.
Commissioner WeatherIy: It is a hear
ing before this commission, and l am not
going to argue that question with you.
Captain White: am going to ask these
questions until you send me to jail, and
am not going to be buldozed by any
man on God green earth.
Demonstration by Audience
At this time there was a demonstration
in the audience.
Commissioner Weatherly: I want to say
to the audience now that we have to
maintain some order here and If they do
not keep quiet we will clear the room.
Judge CASTOR: / think you ought to
selves.
Commissioner Weatherly: I don't pro-
pose to let any man be made a martyr OF
by himself or by anybody else.
Commissioner Lane: Captain White,
take your seat.
tain White be allowed to go on and say
what he pleases.
Captain White: Yes, sir, and that's
what / like about you, Commissioner
Ward.
Commissioner Ward And let anybody
else say anything they want to about it
when we get through
Captain White: What are we here for?
Is it to give this man fair trial or"
Commissioner Weatherly: You go on
and ask the witnes your questions.
Captain White: Are we to condemn him
in this civilized country and to the civ
ilized world on hearsay evidence?
Commissioner Lane: Proceed with the
testimony, Captain.
Captain White: AS I have said, If we
are to stand on hearsay testimony, II
that is to be the thing, then this Is
farce, because it is the common talk OF
the town that this man was condemned
bv two of the commissioners before We
ever went into the trial Now, whether
this Is true or not, they know; l don't
know but know that Is the common talk
of the town.
Commits sioner Ward: VIII say this cap
tain, in making up my mind am going
to receive any kind of testimony that gets
to me. if think 1t is good testimony
Captain White: That is all right, but
when It Is hearsay testimony am going
to stamp it as unlawful and unfair. and
1t is a character of testimony that Huerta
of Mexico would not admit
Commissioner Lane Proceed now, cap
tain.
Captain White: I don't think it is worth
while to go any further with 1t throwing
Papers OH the table, Do what you please
and let the public be the Judges it is n
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