The Birmingham age-herald., 1915-09-30
BAD ROADbED CAUSE |OF TRAIN WRECK IS
 CLAIM MADE BY LEE
State Rests Case Against Alleged Train Wrecker. Many Witnesses Testify
 for the Defense

That the wreck of the Seaboard train at
 Weems on June g, in which three lives were lost and several persons injured was due to the spreading of rails and the gen eral rottenness of the roadbed was the gist of the testimony offered by the de- fense in the third day of the trial of Archie Lee, in the second division of the criminal court before Judge Harrington P. Heflin yesterday. It is expected that the defense will rest its case this after noon.
 Prior to the recess taken yesterday aft ernoon, Solicitor Hugo l.. Black made a motion before Judge Heflin for a nigh; session of the court. This was overruled
 Following this motion Solicitor Blacl, requested of Judge Hefiin that the jury be taken to the scene of the wreck to ex- anime the rails and ties. This will be done either this morning or this after noon.
 Solicitor Black stated last night that if the defense concluded it's offering of testimony this morning he would conclude with the case in rebuttal by tonight and that it would undoubtedly be possible for the jury to get the case by Friday after- noon. The attorneys for the defense have nearly 50 more witnesses to examine ant court officials state that the trial will not
 be concluded until some time next week
 At the opening of the court session yes. terday morning Solicitor Black announced that the state rested its case. Attorneys
 Barton and Stewart then started ths testimony for the defense. One of the wit nesses placed on the stand by the defense was Mrs Robert Brooks, widow of the enginer that lost his life on the wreckel train.
 Mrs. Brooks testified that the seaboard
 Air Line railroad had paid her s1o,0O0 fol
 the loss of her husband and also tha before Mir Brooks died he had said: My last request to you is not to sue the company"
 The majority of the witnesses offered by the defense scored the railroad com pany and stated that in their opinion the train was derailed because of the faci that the roadbed at Weems was in sucf a deplorable condition that the rails would easily spread
 Ernest Haney, Will Bailey and Harr, Warninger testified to the effect that the, saw negro and three railroad detectivet get some tools that resembled those d, legged in the confession of Archie Lee ant Amos Smith and with which the trai was wrecked
 George Harlow testigfied in regard to
 meeting of the citizens of Weems, il which resolutions were passed to get rit of the Shan Henry gang" Harlow alsc testified that it was stated at the meeting | that if a train wreck occurred the Henry gang would be blamed.
 | Fred McDuff and Connie Austin, deput. sheriffs, testified to the effect that tn Seaboard Air Line roadbed near Weem.
 was in bad condition at some places. Joe Loughrey swore that he could wall along the Seaboard tracks near the seem 1 of the wreck and pull out the spikes tha l held the rails with his fingers. Loughre. | also testified that when trains passed i | would press the loose rails and rotten tie | so quickly in the ground that when 1t hat rained mud would be spla shed for severn | feet. Loughrey also testified that th
 ties were so decayed that 1t was not | difficult thing to make holes in them witt | his fingers.
 l B. F. Tidwell. testified that he vis'tef the scene of the wreck about two week. ago in company with shan" Henry, on I of the accused now under bond. and tha 1 the condition of the tracks was bad an.
 it was surprising that more wrecks di,
 not occur.
 E. J. Hewitt, lawyer engaged to de I fend Shan Henry, testified as to the coa | dition of the tracks.
 James Barton, leading counsel for tn
 defense, also took the stand and state
 that the condition of the tracks was bad 1 Joe Hewitt collector. also testified l to track conditions.
 1 The last witness of the afternoon Wa I Mrs Robert Brooks. widow of Ensinee i Brooks who died as the result of inju. ie sustained in the wreck