The Birmingham age-herald., 1920-11-20
COURT WILL PASS ON MINERS CASE
 AT NOON TODAY
Hearing of Application of Five ccuSed Killers at Jasper
 or Release on Habeas Corpus Writ Closes

per, November 19.-(Special)-- NAs live miners, alleged by the state to have taken part in the battle be- tween strikers and deputies, near Pat ton Junction last summer, when Leon M. Adler and Deputy Sheriff Edgill were killed, and now attempting to ob- tain their liberty on a writ of habeas corpus, will know their fate at noon Saturday. Both sides rested their case st 4:SO today
 Judge T. L. SoweHs of the circuit court, and before whom the hearings are taking place. announced just be- fore adjournment that he would hand down an opinion Saturday noon. The court stated he desired to inquire into the permissibility as evidence of tho confession of Henry Washington, ne- gro, introduced by the state yesterday. Judge Sowel1s explained that he was not entirely satisfied that the confes- sion should be admitted.
 The five miners seeking their re- leas' on a habeas corpus writ include Virj il Jenkins, Lemon Jones. will Pin ey. Baby" Davis and Henry Wd ,gton. The petitioners are only t of the S2 indicted and now chi Jed with the murder of two men Tb ir associate defendants are in jail inl Jasper, Birmingham and other places. The five men have been in court throughout the series of hear ings and have displayed the keenest in- tcrest in the testimony of the score or more witnesses.
 TESTIMONY IS TAME
 The hearing today lacked the spect- acular and the sensational of yester- day when the confession of Washing ton, which implicated many miners. was introduced and read to the court The petitioners put on but three wit- nesses. These did not prove particu- larly boistering to the application, ex- cept in the case of Lemon Jones. One of tho witnesses testified that he had met Jones immediately after the bat tie, apparently going toward the scene of the fight from Patton Junction. This testimony strengthened the evidence given yesterday by several witnesses that they had seen Jones at Corona about the time the battle was taking place.
 While the evidence, however, tended to establish an alibi for Jones, it failed to support the claim of the other peti- tioners that they also were absent and did not participate in the fight. Several Witnesses declared that they met a A,ary of armed miners on the railroad track shortly after the fight and in the vicinity of the corn field where the Billings took place. These witnesses identified the petitioners as members of the party. Only one witness stated that he had observed Jones in the party. ic.
 STATE IS CONFIDENT
 The state placed but two witnesses on the stand in an effort to resist the writ. The counsel announced that these were merely supplementary to the written confession of Henry Wash ington, introduced yesterday. It was intimated by the states counsel that they had numerous witnesses in re- serve, all of whom would be placed on the stand at the trial of the ac- cused miners, but at this time they did not care to have them testify and sub jected to cross-examination.
 The attendance at today's hearing continued to tax the capacity of tho court rooms, but it was evident that the spectators were disappointed. The testi- nony was entirely lacking nthe un- usual or other element that might satisfy the curious. Even clashes be- tween the counsel were absent The entire proceedings moved along smooth ly and without interruptions of any character.
 The defendants have employed . notable array of attorneys, including ". c. Davis. NJ l.. Leith. Ernest Lacey and Ray & Groom. They are among the best lawyers in the state. The state is equally well represented by J. M- Pennington, county solicitor, and L. D. Gray, acting as special prosecutor.