The Birmingham age-herald., 1915-10-03

J ! tween Solicitor Hugo l.. Black, Circuit Solicitor Joseph Tate and Hugh Morrow. | representing the state, and w. T. Stewart
 and James Barton for the defense. | The basis of the case for the state was a confession and evidence secured through
 the efforts of Detectives Eubanks and | Crenshaw and Chief of Police Martin
 Eagan of the Birmingham police depart
 ment, and the statements made before the | grand jury by Archie Lee. The defense was
 an alibi and statements That the defend-
 ant had been offered money and his free | dom for his confession.
 | Are you going to send a message to
 Shan Henry and his gang of hog thieves
 and cut-throats. said Solicitor Hugo l.. l Black. that they can wreck a train and escape punishment? Is that the kind of | a message you wish sent out, gentlemen? | These hog thieves and blackguards are | out there, gentlemen. waiting for your
 decision. Are you going to allow this in | tellectual imbecile as my friend Barton I refers to his client, loose on the com munity to wreck another train? The peo- | pie of Jefferson county await your an- | swer, gentlemen
 The above marked the close of argu- l ments in the case. l In the arguments yesterday the attor-
 neys for the defense contented themselves | with a severe arraignment of the Sea- board Air Line railroad. They referred to
 the trial as a battle between the rich and the poor and intellectually vs ignof- | aEce"
 Judge Harrington P. Hefln ycompleted
 his charge to the jury at 30 o'clock yes l terday afternoon. | The charge of Judge Heflin was con- | ceded by the attorneys of both the state
 anG defense as fair ana impartial state
 ment of the law covering the case. Judge | Heflin spoke for one hour and his words 1 Ire ad ha at of 1 Yesterday morning the jury visited the
 scene of the wreck in order to examine
 the condition of the roadbed over which
 much disputed evidence had been submit
 ted during the week. A special train was
 provided for the purpose by the Seaboard
 Air Line railroad. The following party
 left the Terminal station at o'clock yes l terday morning:
 Solicitor Hugo L. Black, Circuit Solicitor
 Joseph Tate, Hugh Morrow, Robert
 Crookes. Fred McDuff. Julius Greene w ! T. Stewart James Barton, Detective Flu gene Eubanks. General Superintendent | Carleton of the Seaboard, Richard l.. Lus-
 sieI Judge Harrington P. Heflin and the 1 jury, composed of the following men: James Walker, Jr., William H. Conant, A. Harry Sawyer. John F. Sawyer George C.
 Short John w. Ingram. Daniel N. Fike
 W. A. Perry, John B. Bethea, Sr., Sam
 B. Guthrie, Elijah J. Brown and Basil |
 made the trip.
 l At the Terminal station and arrived on | the scene where the wreck occurred be-
 tween the opposing attorneys kept Judge | Heflin busy as a pacificator. It was final | ly decided to allow Judge Heflin, the Jury and the defendant to walk over the | tracks.
 Pulled on Spikes With Fingers | Prior to the jury walking over the scene | Hafli tective Eubanks. examined the tracks and
 ties thoroughly. Everything appeared to
 the eyes of the layman as in excellent condition and there was much laughter | at some members of the party who at- tempted to pull up spikes with their fln- | gers.
 The jury returned from the scene of the wreck at 9:30 o'clock and at 10 clock Hugh Morrow opened in ar impressive ar gument for the prosecution. Attorney Morrow reviewing the evidence, sought by argument to convince the jury of the | guilt of Archie Lee. MT. Morrow's clos | ing sentence was perhaps his most strik- | ing utterance:
 If you turn Archie Lee loose upon the | community the state of Alabama should get on its knees and crawl to the grave
 of Robert Brookes and apologize to his | soul"
 Attorney W. T. Stewart for the defense | followed MT. Morrow. MT. Stewards ar gument was terrific arraignment of the so-called autocrats and aristocrats He
 referred to the interest of the Seaboard
 railroad in it's attempts to convict the
 defendant and assailed Solicitor Hugo L.
 Black for his efforts in the case. | Convict this defendant shouted At torney Stewart, and at every wreck that occurs In Alabama the same conspiracy
 to send an innocent man to the gallows l will be repeated"
 Recess was taken at 12:40 o'clock at
 the close of Mir. Stewards argument until | 2:15 o'clock.
 James Barton began the closing argu- 1 ment for the defense as soon as court l was opened in the afternoon. Attorney l Barton prefaced his remarks by attack | ing the interest of Solicitor Black in this | case. He characterized the testimony 1 submitted by the prosecution as a fabric | of threats perjury and bribery" He con- | tinually referred to his client as an 'in- | tellectual imbecile."
 Attorney Barton's remarks were at | times sensational and his attacks on the | railroad severe. He repeated the charges | of his associate in the case that the
 railroad had prepared case against the defendant in order to avoid the filing of
 heavy lawsuits and the recovery of dam ages.
 ! Are you going to break the neck of
 Archie Lee,' cried Attorney Barton. in | closing, because the Seaboard Air Line
 railroad says so?"
 Courtroom Is Crowded
 At 320 o'clock with the courtroom filled | to overfiowang and many of the officials
 of the courthouse present, Solicitor Hugo
 Black began the final argument for the
 day and incidentally the closing argu-
 ment in the case. MT. Blacks address
 lacked oratorical pyrotechnics 1 Solicitor Black denied that he was
 building record as county prosecutor l on the misfortune of innocents, whom he
 convicted and sent to prison The solici-
 tor said that he was elected by the people
 Of the county to enforce the laws and
 he fully intended doing so. | The attorneys for the defense" said | MT. Black, "insnuate that the railroads 1 forced me into this case. That is false.
 A statement appeared in the newspapers
 a few days following the wreck that some- 1 one had confessed to wrecking that train. Whose duty, I ask you gentlemen, was it
 then to investigate? It was mine and I
 went ahead and investigated as I should. l Gentlemen. you have heard the at torneys for the defense array class against class. The testimony was overlooked It was a demogogic attempt to line up the
 poor against the rich. The rich or those l born with silver spoons in their mouth
 were the railroad employees; the poor l this ignorant defendant.
 1 dangerOua senfirpopf fo rouy hrooa