The Birmingham age-herald., 1914-01-30
Sent to Hotel at 9:30 Last
Night After Deliberating
Since 4 O'Clock
LENGTHY CHARGE
GIVEN BY FORT
Day Is Consumed in Hearing Argu-
ment-Defense Attacks Character
of Testimony introduced
by the State

At 4 o'clock yesterday afternoon the
case of James Rooney. alias Harry
Fetitt, alias New York Harry" went
to the jury and after celebrating until
$50 last night the jurors reported they
were "hopelessly tied up" and were
sent to the hotel for the night by
Judge Fort. Failure of the jury to
agree caused some surprise as an early
verdict was anticipated.
During the afternoon 1t was reported
to Judge Fort that the father-in-l law
of Juror West |. Belcher had died
Wednesday at midnight at Morris and
that his funeral was announced for
this morning. Judge Fort stated that
the juror could not be Informed of the
fact until after the jury had reached
"A verdict or was discharged. As the
funeral takes place this morning, un-
less the jury agrees on verdict, Juror
Belcher will not be able to attend the
funeral.
In anticipation of an early verdict many
of the officials of the court several of
the witnesses and the prisoner waited
In the courtroom until o'clock, when
Judge Fort ordered the jury to be taken
to supper and the prisoner back to the
jail During these two hours the jury
was out several persons went up TO Room
ey and expressed the hope that he would
be acquitted. The ex-convicts who had
testified against Rooney were the objects
of much interest and quite a crowd gath
cred as one of them related some OF
his former experiences.
Early yesterday morning the court
room was filled with spectators and by
the time the arguments had COM
menced the aisles and other parts of
the room was crowded. There was no
demonstration of any kind and consd-
ering the large crowd good order pre-
vailed. Everyone present seemed anX-
ious to get a view of the somewhat
noted prisoner.
At o'clock yesterday afternoon the
case of James Rooney, alias Harry Petit,
alias New York Harry" went to the
jury and his fate is now in their hands
AT late hour last night they had not
returned verdict. Judge Fort, In a
lengthy charge, reviewed the evidence
that had been offered, both by the state
and the defendant. and charged the jurors
as to the law in the case. He explained
at length the admissihilty of testimony
and stated that where doubt existed
1t must be substantial one and not
based on mere speculation Between 81
and 40 written charges submitted by the
defense were read by Judge Fort and
then the case was given to the jury.
ested spectators
Tate Opens for State
Circuit Solicitor Joseph r. Tate opened
the argument for the state when the
court convened yesterday morning and
after taking up the testimony of the
witnesses both for the state and the de-
fense, insisted that it had been proven
that New York Harry" killed officer
Kirkley and that the prisoner at the
bar had been proven to be that per-
SON
Ben Davis, counsel for the Defense
was scathine in his denunclation of the
ex-convicts who had testified for the state
and repeatedly referred to them as
CROOKS" and asked the jury to compare
their several ste tements based on the al
legged confessions of a mysterious per-
sonage named Harry" as against the
dying statement of Officer Adams. who
charged Duncan with the crime for which
Rooney was now being tried and the other
witnesses who had testified as to Dun
cans guilt at his trial He denied that
any positive testimony had been offered
to connect the prisoner with the crime
and contended that the states only hone
of convicting the defendant was on the
testimony of ex-convicts who had been
pardoned at the instance of government
officials. He denounced the methods en-
ployed by Postoffce Inspector Gregory.
Gibson Closes for Defense
White Gibson closed the argument for
the defense and was denunciatory in his
remarks about Mr.. Gregory. bitterly as
sailing the testimony he had gathered
in his efforts to convict Rooney and the
character of the witnesses he had gath
cred from distant states to testify against
the defendant. He contendedj that the |
state had failed to fasten) the crime on
the defendant. event with the help OF
the vast machinery of the government |
He stated the prisoner had proven his |
innocence of the crime for which he was |
on trial and asked the jury to acquit |
him.
Assistant Solicitor Hugh Locke made |
a strong argument in closing for the |
state. He reviewed each part of the
testimony and contended that the state
had made out a case against the de-
fendant. He defended the actions of
Postoffice Inspector Gregory and said he
had only done his duty in gathering the
evidence against Rooney and that to a |
man he should be commended
rather than blamed. Referring to the !
testimony of Fay and West and Ed |
wards, who testified they knew the de-
fendant at the time of the murder. he !
insisted that they had positively iden- |
titled the prisoner as the man who was |
with Miller when the fatal shooting oc- !
Cured. He stated that IL the Jury be- |
lieved Rooney In his general denial. then !
they must believe the states witnesses |
had perjured themselves. "I have heard |
many criticisms about George Bodeker i
but ! don't believe that he would come |
here to testify against Rooney unless he |
believed him to be guilty" declared Mr. |
Locke. He closed by declaring that the ,
state had proven the charge and that |
the prisoner should be convicted.
Judge Forts charge followed.