The Birmingham age-herald., 1920-05-07
GROUND LACKING; JUDGE OVERRULES
 MOTION ID QUASI
Jefferson County Venire Stands After Virile Alt tack By Defendants
 Attorney

A bitter fight against the admlSslon in evidence of an alleged confession
 of the defendant developed yesterday, in the case of Clarence Reeves, charged with murder and robbery.
 An attack against the jury venire
 for the week was made Wednesday.
 Judge William K. Fort ruled early
 yesterday morning that nothing had
 been set up in the motion to quash the
 venire which would constitute legal reason for the quashing of the venire
 and held that the case should go to
 trial. Every point was hotly con- tested by William Vaughn. attorney
 for the defendant
 Attacks on the indictment were. made without avail and the jury was organized The defendants attorney at first declined to strike the jury and the first two names were stricken from the list by the court for the de-, fendant. The defendants attorney then asked leave and was allowed to continue the striking of the jury and the case was opened on a plea of not guilty. which was entered on the docket by Judge Fort for the defend ant. his attorney having declined to allow him to plead. The greater part of the aftern, on was consumed in the examination of members of the detective department and others in regard to the alleged confession. Other witnesses on this point will be examined this morn l ing At the opening of court yesteraay | morning Judge Fort Imm mediately ruled on the motion to auash the venire. He | sustained a motion os the solicitor to strike the motion to auash the venire for the week. In rendering his ruling Judge Fort stated that the motion Tad , not set up sufficient facts to quash the venire and held that the motion was insufficient. He stated that the verire could be ouashed on only two ! grounds. fraud in the drawing of the jufi ies or fraud in the summoning of ' the juries. Neither of these. he stated, was shown.
 ASSAILS INDICTMENT | Immediately after the Announcement of the ruling of the court on the ve- nire an attack was launched against I tho indictment A motion to quash tho indictment was filed and was struck on the motion of tho solicitor. MT. Vaughn then filed a p,ea in abatement
 to the indictment. The motion and
 the plea were made on the ground of alleged fraud by the jury commits
 sion in placing the names in the jury box and other grounds set up in the l original motion to ouash tho venire Judge Fort sustained demurrers of the | solicitor to the plea sn abatement. Reeves Is charged with the murder of Harry Sommerville. & negro. who | was shot near Vanderbilt He is also charged with two cases of robbery. it
 being alleged that he held up and l robbed Charles Stathaks of $S and II | S. Moore of $6.
 He was placed on trial on one charge
 of robbery. The cas. in which H. & | Moore was alleged to have been robbed 1 was selected for trial.
 ] Moore told of the cetails of the al- 1eged robbery. He testified that ap- proximately $s was taken from him
 Later in the trial the state made an I effort to introduce an alleged con | fesson of Reeves. The defendant was
 placed upon the stand and testified that he was told by one or more mem bers of the detective department tha, 'It would be better If he made the l statement"
 l The defendants attorney claimed that 1t was not voluntary confes- sion F. P. Jones. 0. c. Giles, F. D. Erower. K. K. Hickm-n. W. IT. Propst Commissioner John Taylor. Recorder l Henry J. Martin. Solicitor Joseph R Tate. R. D. Algee. official stenographer
 to the grand jury. and Officers Patton
 McGill and Hubbard were placed on
 the stand. Others will be examined | today
 1 The detective alleged to have ad- vised the making of the alleged con- 1 fession denied the statement attr'b- Iuted to him when placed upon the | stand.
 The trial of the case will probably l consume all Of today