The Birmingham age-herald., 1915-09-29
Counsel for Alleged Train Wrecker Issues State
 ment
TO REFUTE STATES
 SIDE OF THE CASE
Most of Testimony Yesterday Dealt With Alleged Confession Made to Police by Lee-Defendant's
 Attorneys Object

James Barton, leading counsel foA Archie Lee, on trial before Judge Har~ rington P Hehin in the second division of the criminal court for train wrecking. stated at the conclusion of tho days testimony last night that the public should bear in mind that only the side of the prosecution was being given publicity at the present time.
 Give the defendant a fair chance" he said From the very first, only the side of the police and tho railroad has been given out in this case. At the conclusion of the testimony for the state Archie Lee has nearly 100 witnesses to offer evi- dence in rebuttal of the claims of tho prosecution.
 We will try to show to the jury that the defendant was coerced into making his confession; that he was offered pecuni- ary reward and also that his mental con- dition at the time the confession was made had much to do with that remark able statement. There are two sides to every case--and ours is coming as soon as the state Is through with it's witt nesses"
 Technical Points of Case
 Yesterdays proceedings in the Archie Lee trial saw the prosecution make much progress in presenting it's case against the defendant. The morning session was taken up in bringing out technical points to the jury that the Seaboard train was wrecked at Weems on June g. After Solicitor Black had brought out the fact that the' train was wrecked through bolts having been removed from the tracks, the confession of Archie Lee and Amos Smith. In connection with the wreck became the paramount Issue be- tween the attorneys for the defense and the state. Il ~,lV Every question relating to the confess | sion was objected to by w. K. Stewart. one of the attorneys for the defense. Judge Hefiin overruled all objections and when M. s. Allen. the official stenogra- pher before the grand jury, took the | stand the entifs story of the wreck as transcribed in the stenographic notes was allowed to be read to the jury. J. D. Perdue was the first witness yesterday morning and he testified as to the track conditions near the scene | of the wreck. J. R. Keith followed with the same line of testimony. A. o. George also gave some technical testi- mony J. R. Caldwell testified in tor- roboration of the alleged confession. as did Joe Hill. A. c. Johnson. N. L. Post and O. D. Martin also testified to statements made by Archie Lee Champ
 Hodges, foreman of the grand jury 1 that indicted Archie Lee, and w. O. | Burrell and Hugh Riddle, both mem-
 bers of that grand jury testifief to the testimony before that body by Ar chic Lee. O. B. Bullock of the South
 ern railway testified about track con-
 ditions J. Reese Murray. an attorney. testified as to the confession of Archie Lee at police headquarters. M. 8. AL len, the grand jury stenographer. then
 closed the testimony for the day by
 reading his notes of what transpired 1 when Archie Lee was indicted.
 From MT. Aliens notes the complete | story of the wreck and conspiracy was brought out Mir. Allen read from his
 notes that Solicitor Black had warned Archie Lee that no reward was offered
 him to make his statements and also the solicitors question of whether any | one had threatened him. The grand | jury notes were to the effect that
 Archie Lee made his statements of his
 own volition and without promise of any sort.
 Tn these statements Archie Lee told
 of Shan" Henry approaching him on
 the subject of wrecking the train.
 "'We'1l turn her over.'" said shan
 Henry. "'and then get the money "
 the stenographer read.
 Il Archie Lee before the grand jury further stated that the trio expected
 to get $25,000 from the bodies of the
 dead passengers Archie Lee further
 stated. according to the notes of Mfr. Allen, that he saw Amos Smith and Shan Henry remove the bolts from the tracks which caused the wreck.
 I At the conclusion of Mir. Aliens tess
 timony the attorneys for the defense
 refused to cross examine and Judge
 Heflin ordered recess until 9:30 o'clock | tn1 .~&
 room was crowded.