The Birmingham age-herald., 1915-09-12
State Unable to Make Case and Solicitor Black
 Requests Action
TOM WEBB AND TUCK
 CAIN ARE FREED
Were Indicted for Murder of J. w. brookins-Case Against Josephine Arena Nolle Prossed-Record
 Number of Prisoners Sentenced

yesterday in the first division of the criminal court by Judge William F. Fort at the instance of Solicitor Hugo L. Black The most noted of these cases was that of Tom Webb and Tuck Cain. 6 negro. indicted for the murder Of J. W. Brookins. street car motorman. about year ago at East Birmingham.
 At a recent trial of Lonnie Webb, charged with being an accomplice in the killing of Brookins the state was un- able to procure a conviction and Solic- licr Back felt positive that it would be impossible to convict Tom Webb and Tuck Cain, who were named ill an al- legged confession by Lonnie Webb. and therefore requested that the cases be noile pressed.
 This means that the killing of Brook ins. which was one of a series of four assa situations within a period of two months in the spring of 1914, will go un. avenged as. with its companion crimes tie Hopi4han, DGvidson and Thcmas kill ings.
 Britt0n Case Ended
 Other cases ,Iat were nore pressed were Will Bailey, indicted for the mur- der of Thomas Britton, telegraph oper- ator on Cat mountain. The body of Brit ton was never found and the state there. fore was unable to prove that a crime had oesr con, ilted.
 The case of Robert Allen. indicted on a charge oi criminal assault was nolle pressed. Allen is at present in the state penitentiary serving sentence follow ing conviction for bigamy.
 The case of Jess Nail. a negro, indict- ed for robbery, was no,le pressed. Nall Is at present se-vii g 15-year sentence for murder.
 The case of Josephine Arena, indict- ed for criminal assault, was nolle pressed and this ends the noted Mary vitalero Kidnapping case. Josephine Arena was indicted as having knowl edge of the assault of Tony Diadona on Mary vitalero. As Tony Diadona and Mary Vitalero are now happily mar ried 1t was decided to nolle prosse the charge against her.
 The cases of Tom Ward and T. ]. McLamore, indicted for murder, were nolle pressed
 The cases of Jean Hanks and Na- thaniel Baum. two young negroes in- dicted for robbery, were nolle pressed. They were charged with having snatched several pocketboods. but as the witnesses were not positive in re- gard to their identity Solicitor Black dismissed the case.
 Bessie Bryant a negro woman, in- dicted for murder. had her case nolle pressed as she Is now an inmate of the state institution for the insane.
 Other than the nolle pressing of the capital cases both Judges Fort and Heflin sentenced persons convicted during the past week. The following were sentenced in the first division of the criminal court:
 Johnnie Johnson. grand larceny, one year at hard labor and costs in two cases; Jim Bagley, violation of the reve hue law. six months at hard labor and costs; Will Crenshaw, grand larceny, two years at hard labor; Greasy Dennis, as- saut and battery, sentence suspended bending appeal; Ramsey Smith, assault with intent to murder, two years. but Appealed; sherman Bell, burglary and srand larcsay, sentence passed; Rufus Walker assault with intent to murder n two cases. sentenced passed.
 In the case of Jim RAgley, the sentence was suspended until January s, 1916. pend ng good behavior
 In Second Division
 In the 1;,,fo; 'ourt. Judge Harrington P. Heflin sen enced the following
 H. c. Grove, violation of the prohibi- ion law. $50 fine and three months at iard labor with costs; T. F. Hopkins adultery, 90 days and 60 days additional 1t hard labor with costs; Willie Miller. lousiye language, one hour in tail: How lrd Richardson, petty larceny. a oavs It hard labor and costs: William Dukes. ] 'ioiafion of the prohibition law, 30 days }. nara iapor and costs; Susie Huffman, 'ioiation of the prohibition law, 20 days 'no costs; VIII McCiain, assault and | 'ettery with weapon. 30 days at hard | apor and costs; Jim Driver, assault and 'attery With stick. 20 days at hard la 'or and costs: II. B. Barker. violation 'f the prohibition law, four months at | iard labor and costs; Taylor James as auIt and battery. 20 days at hard labor nd costs; Will Houston, violation or me | ronioition law. sentence passed to Sen emper is; Dan Smith. vagrancy, 70 days 'ard labor and costs; Rosa Williams iolation of the prohibition law. sentence assed to September IS; Frank Hal. vag- ancy three months at hard labor and osts' shorty Anderson, abusive language | ineo ana fine paid; flower Bearden' lpu"ve language, sentenced and fine aid; Harrison Johnson, Sunday rsm,rg days at hard lsbor; Joe Harris as' ault and battery. on wife .antano. assed to September IS; Jap Tovser ass auit and battery with a knife. 140 dav. nd IF months additional and costs. Lee slHiams vasrancy. 30 days at hard Is- or and costs; Willie Miller, assauIt and attery With weapon. sentence pa saed | Q september l8; Alex Robertson. assault no battery with a weapon. 10 days at | ard labor and costa: Willie Ward. unla w. uiiy riding a train. one hour in iai,. asper McAdory, violation of the prohIhi, oq law. stx months at hard labor and osts: General Jones. violation of the rohibtlon law. appealed; Harry Stew !. vloiauon of the prohibition law. 20 ays at hard labor; Robert Porter. prose- utine witness and charged with court osts' sentenced to 20 days at hard labor. 'ooeH Jeckson, unlawfully riding train. It was also stated at the courthor.a nat the grand Jury which. has a1iournsd ntil Tuesday morning will make ar [ner partial report on Wednesday aft. moon when about 100 true bills will he During the coming week .I,,d.. "