The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-21
|ALL DEFENDANTSIN
| JAIL PROHIBITION
CASES ACQUITTED
Judge Fort Rules State
Failed to Introduce Suf-
ficient Evidence
RECORDS OF PREVIOUS
CASES WERE MISSING
Alleged Theft of Documents Added
Interest to Cases-Deputy Austin
Chief Witness for State
Yesterday

Acquittals followed in the trials OF
A. Il. Batson and Percy Higdon, inside
wardens of the county Jail, on charges
of violation of the prohibition law pre-
ferred by Deputy Sheriff Conrad w.
Austin, before Judge William E. Fort
yesterday.
The case of w. M. Burleson, another
inside warden of the county jail, was
Solicitor Joseph Tate, as soon as Judge
Fort acquitted Percy Higdon.
The trial of Walter b. Merriweather
another inside warden of the county
Jail, on charges of violation of the pro-
hibition law, followed. but no verdict
was handed down, as Judge Fort stated
he would take the case under advise
meut.
The only trial left out of the county
jail prohibition cases is that of Grover
Hendon, a former deputy sheriff, who
goes to trial this morning. The two
negro courthouse janitors, Marshall
Jones and Walter Foster, have been
tried several months, but the sentences
were held up awaiting the trials of the
attaches of the county Jail.
One of the sensations growing out of
the prohibition trials yesterday was
that the solicitors office was "raided,
and the typewriter records of the
trials of the negroes, Maltshall Jones
and Walter Foster, stolen, according to
the statement of Morris Allen, the pri-
vate secretary of Solicitor Hugo l.
Black.
RECORDS WERE MISSING
The alleged theft of the typewriter
record of the Foster and Jones trials di
not embarrass the prosecution, however
as it was later stated that Mr.. allie
recovered his original stenographic note
and was able to make a transcript l
time to be of service at the trials 1l
Batson, Higdon and Merriweather. M.
Allen made the following statement T
garding the alleged unlawful entrance 10
the solicitors office:
For future reference l made q
stenographic report of the trials of Nj
shall Jones and Walter Foster, the u
gre jantors in the courthouse who w
charged with violation of the prohin
ton law. A few nights ago came to ! .a
courthouse and made transcripts fro
my stenographic notes of the testime
in preparation for the trials today. TIL
typewriter reports were on my desk
Tuesday at noon. / left the office and
when l returned there was no one in the
office, and the typewriter testimony of
the Jones and Foster trials We're gone.
KNOWS THEY WERE GONE
When Circuit Solicitor Joseph Tate
was asked for statement regarding this
phrase of the case he said:
Il do not know whether the typewrit-
ten records of the Foster and Jones
trials were stolen from the solicitors
office, but do know that they are gone
In other words, they have disappeared.
Regarding the trials, Judge Fort ruled
in the cases of A. B. Batson and Percy
Higdon that the state had not introduced
sufficient evidence to convict, and there
fore the defendants were discharged. In
the case of A. B. Batson, no defense was
submitted as the court ruled favorably
on the motion of George Ross attorney
for Mr. Batson, that the state had failed
to make a prima facie case, and that
further prosecution be dispensed with.
In the trial of Mr.. Batson, witnesses
testified that various Irregularities had
existed about the county Jail. Testimony
was also given concerning the destruc-
ton of liquors in the county jail yard
last June The state sought TO prove
that Mr.. Batson was in responsible
POSITION and in direct supervisor e the
work This was denied by Sheriff
Thomas ]. Batson, brother of the de-
PENDANT, who testified under oath that A.
B! Batson was employed as a. janitor
and paid salary as such by the board
OF revenue of Jefferson county. Sheriff
Rarson also testified that Percy Iiigdon
and B. M. Burleson were also employed
as janitors in the county Jail and paid
by the board of revenue. The acQuittal
OF Mr. Batson 10, owed.
In the trial Of .-ercy Higdon. which
followed the testimony was little more
sensational and resembling that which
was given the April grand jury >! their
investigation of the cases.
PRISONER TOOK LIQUOR
The negro, Waiter Foster. followed
Ueplt y Sheriff Austin son the stand and
stated that he Clarence jackson and
Marshall Jones, negro porters at the
courthouse, had been told to carry liquors
within the county Jail to be destroyed.
Foster said that engaged in the work OF
destroying the liquors were Percy Hig-
don and several other white men, in
Guiding a prisoner. Andy Moss. He stated
that he saw Andy Moss place bottles of
LIQUORS in his hip pocket and walk away
and then return for more He also tes-
tilted that he saw the white men en-
saged in destroying the Liquors slip lot
ties under a bench TIL sse bottles hi
later wrapped up in a i'll INK e and car
II s.~1 3D.. I1p nj snr h n