The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-21
Jurors STAND ON
RIGHTS AND ISSUE
!. STATEMENT ABOUT
ACTION OF JUDGE
Judge Aston Says He Has
Nothing to Say on Sub
ject at This Time
JURY FEELS THAT
1T WAS INSULTED
BY COURT ACTION
Jury No. / in the Criminal
Court Watched Closely
Yesterday as Cases
Were Submitted to 1t

immediately following their discharg
from further jury duty yesterday after
noon by Judge Harrington P. Heflin, tn,
members of the so-called Jury No. l, who
were dismissed" Thursday morning b,
Judge A. H. Aston, on grounds of al
legged incompetency. held a caucus in one
of the courtrooms to prepare a statemen
for publication.
one statement was prepared and signed
by 10 members of the jury, but upon le-
gal advice it was destroyed, owing to tht
fact that sit was too hot The jury ther
retired to one of the office buildings
where another statement was prepared
This statement, which was vised by At.
torneys Walker Percy, Vassar l.. Allen
and Col. Alex CARRIER, was addressed te
the editor of The Age-Herald, signed BY
nine members, and submitted for publ.
cation. 1t follows:
To the Editor of The Age Herald:
In view of an article appearing in
The Age Herald of this date in refer
ence to the censuring and discharging
of a jury in the criminal court of JEFF
ferson county by Judge A. H. Aston
on October 10, after the rendering of
a verdict of not guilty in the case of
the state of Alabama VS.. Jim Mooney,
the undersigned members of that jury
feel justified in making the following
statement to the public:
The defendant was charged with
the larceny of watch and the evil
dence submitted by the state was so
insufficient and unsatisfactory in
character, and pointed so uncertainty
to his guilt, that when the jury re-
tired to the jury room, the first ballot
of the jury was unanimous for his ac-
. quittal None of us were acquainted
with this negro, nor had we the slight
est interest in his acquittal or convic-
ton. We found verdict based upon
the evidence offered by the state and
by the defendant with no purpose or
thought except the dealing out of
justice.
We have always considered our
selves men of good reputation in the
community, and our influence has al
ways been for Justice and square
deal to all parties. We took an oath
at the beginning of the weeks service
to render true verdicts according to
the evidence, and the verdict rendered
by us in this case was a true verdict
as we heard and understood the evil
dence. We have always had the most
profound respect for the courts and
regret that our actions in this case
were not pleasing to Judge Aston.
We have been told and believe that we
were the sole judges of the evidence
in the case and thought that our
functions as judges Of the evidence
were closely related in dignity and
Importance with those of the presid-
ing judge.
We were greatly astonished and
shocked that our verdict rendered
under the solemnity of our oaths
should have displeased Judge Aston,
but the fact remains that our action
was based upon truth and justice, as
we saw them, and if the facts were
submitted to us again, there would be
no hesitation upon our part in again
rendering the same verdict. We re-
greet that Judge Aston did not ex-
hlblt to us the same respect and cour-
tesy which we have always shown to
him and to all other judges of our
courts, but we assure the public that
our consclenceS are absolutely clear in
the matter, and that if public conf
dence in the courts and in the adj
ministration of justice in this county
has been impaired by the unfortunate
occurrence of yesterday, the fault
does not lie with us.
1t is needless for us to say that we
are conscious of a feeling that VIE
have been unjustly treated and even
insulted, and that we are without
remedy except that we may rely upon
our own sense of elf-respect and
upon the public's sense of fair play
and justice for our vindication. Re-
spectfuly,
v. @. PRoWELL,
WILEY A. PROPST.
GUS SELF,
W. A. OWENS,
j. P. FANCHER,
w. C. FERRALL,
FALLON O'BYRNE,
DUNCAN NOLAN,
j. L. WHELCHEL.
JUDGE HAS NO COMMENT
When Judge Aston was informed by
an Age Herald reporter late yesterday
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