The Birmingham age-herald., 1915-09-18
COUNSEL AND CRUBB CLASH FREQUENTLY IN WHITEHEAD TRIAL Government Case Is Closed With the Exception of Documentary Evidence DEFENSE MAY NOT
 OFFER A WITNESS Jury Will Probably Get Case This AfternoOn-Tardy Juror Fined
 Sl0 by Judge Grubb for
 Delaying Case

Constant passages between Forney Johnston, leading counsel for the defense, and United States District Judge William l. Grubb, instlled the only excitement Of the day in the trial of F. E. White head, l.. A Whitehead, w F. Haskins, Tom l.. Woodruff and Ira Dunsmore on a charge of having stolen government records The trial recessed at 545 o'clock last night to 93o o'clock this morning.
 Throughout the afternoon in the cross examination of the government witnesses Attorney Johnston was frequently over ruled on objections, and finally was told by Judge Grubb that his questions were taking up the time of the court uselessly. MT. Johnston demurred to the remarks of Judge Grubb, and after a sharp passage at arms. Judge Grubb said:
 You take too much time, Mir. Johnston. Cut out the rhetoric and get down to facts You commit no offense In my eyes except that you are taking up too much time. Kindly use your time to good ad- vantage"
 Sharp Clash in Afternoon
 This was during the cross examination of Nenian l.. Steele former assistant United States attorney, and later on in the afternoon, after Prosecutor Charles kennemer had closed the examination of witnesses and asked to submit docu- mentary evidence another sharp inter- change of opinions between Mir. Johnston and Judge Grubb followed The crowded courtroom was on the qui vive but noth- ing followed, and 1t was finally decided the attorneys for the government would prepare the documentary evidence which they mean to introduce and submit 1t to attorneys for defense in order that they may read and familiarlze themselves with it.
 Special Prosecutor Charles kennamer stated at the close of yesterdays pro- ceedings that the case for the govern ment was completed with the exception of the documentary evidence, and this would probably take an hour this morn ing. AS Attorney Johnston indicated yes- terday that he would place no witnesses for the defense on the stand. it Is likely that the case will go to the jury this afternoon.
 At the afternoon session yesterday. Reese Murray special agent of the depart ment of justice and a local attorney was the first witness. MT Murray testified to conversations with Ira Dunsmore, one of the defendants, and also identified some letters Mr. Murray also testified to hay ing prepared an affidavit for George NJ Royce a former agent of the department of justice at the instance of Lee A. White head, and that he was paid S200 to do this The affidavit pertained to an all legged conspiracy between Nenian L.. Steele and L. M Reeves. an accountant in the employ Of the government, to throw the Standard Home company in the hands of receivers. MT Murray said that his e nnection with the affidavit was known, and that his chief considered it an act Of indiscretion, but was not sufficient for dismissal. MT. Murray also testified to letters alleged to have been stolen from the office of o. D. Street at Guntersville
 Tells of Taking Notes Following Murrays testimony, A. w. Brazelton took the stand and testified to the effect that he took down notes com ing over a secret telephone in a room in the Jefferson County bank building on November g and November 10. 1914. of a conversation purporting to be between Tom l.. Woodruff, one of the defendants and Nenan l.. Steele.
 Nenian l.. Steele was the next witness and the former assistant United States district attorneys testimony was mainly in regard to having furnished names to Car! w. Myer, lawyer of Brooklyn N. Y., of contract holders of the Stand ard Home company. who lived in New York. Forney Johnston amid frequent clashes with Judge Grubb, failed to make MT Steele admit that he secured these names from l.. Nj. Reeves Mir Steele also hn al at sations with Tom l.. Woodruff.
 Charles K Hogan. a stenographer, was the next witness and his testimony merely related to the fact that he heard from the Smith Typewriter agency that O. D. Street had a job open and that he was advised by Woodruff not to take it. as the Standard Home company had another job for him.
 Martin J. Lins, special agent for the department of justice, was recalled to the stand and testified that Hogan ha'd told him that if he did not accept the Job at MT. Streets office the Standard Home company would take care of him.
 Testify as to TeIegrams
 T. D. Jackson. manager of the Postal Telegraph company, and w. D. Stead testified as to telegrams. w. E. Roden of Guntersville testified that he knew Ira | Dunsmore and thnt thc latter had told
 
 job In Streets office as long as he se- cured his 100 per. Mir Roden further testified that Dunsmore had stated that MT. Street had slept on his rights. Miss Nell Macey. stenographer em- ployed by the Standard Home, was called to the witness stand to identify some let ters Miss Grace Donovan, also of the Standard Home company, identified some 1; letters
 And then came the introduction of docu- mentary evidence and clashes of opinion between Forney Johnston and Judge Grubb.
 In the morning session John Bradley o. D. Street and Martin J. Lins testified in regard to the purloined documents. There was no untoward incident with the exception that H. A. Brannon. juror. who delayed the case an hour by his ab- sence, was fined S10 by Judge Grubb.
 
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