The Birmingham age-herald., 1921-10-22


 burden of proof in the case rested on the state, and that the defendent was assumed to be innocent until proved beyond all reasonable doub. guilty.
 Prejudice Accusation
 Judge Black accused the state of injecting prejudice in,o the trial, and declared that the state began it's case by proving the deceased a Catholic.
 He ridiculed the testimony of Chiles and Mckinney, whom he referred to as the "Siamese twins" and said their testimony was perjured.
 Because a man becomes a priest does not mean that he Is divine" Judge Black said He has no more right to protection than a Protestant minister. Who believes Ruth Ste phenson has not been proseflted? child of Methodist does not sud- denly depart from her religion unless someone has planted in her mind the seeds of influence. They say she was locked up in Fred Bender's home from the inside. l do not care how she was locked. It has been said Stone walls do not prison make Thel 0 Is such a thing as imprisonment ot the. human will by influence, vice and persuasion. When you find girl who has been reared well persuaded from her parents by some cause or person, that cause or person is wrong.
 Home sanctity "If the eyes of the world are upon the verdict of this jury, would write that verdict In words that cannot be misunderstood, that the homes of the people of Birmingham cannot be touched. If that brings disgrace, God i hasten the disgrace"
 Mir Black stressed the fact that Stephenson put the pistol in ms pocket to go out and search tor his daughter. He oIlered as evidence Of the Iact that Stephenson had engaged in a conversation with the dead prles1, the statement of the deputy snerlTs that Stephenson mad tod them ms Daughter was marrled to Gussman, Immediately after the snootlng, put he did not know it when ne was Tn the sheriff office immediately belore the shooting.
 Mrs. Stepnenson wept as the attor- ney descrlped the empty home tney ! would return to without thelr uauen- l ter, and several times s,epnenson put | his hanakerchlet to h.s eyes. | MT. Black attacked Guss,aans race by saying that there were z0 mu- lattoes to every negro in Porto Hlso' and declared that Il Gussman, was as 1 the state and said. "Ot proud Cas- 1 tilian aescent," he had descended a long way.
 | Morning Session l The sensation ol the morning SeS- 1 sion of court yesterday was the un- <, expected return of Mrs. Ruth Guss- man, Stephens daughter, who entered : the court room short belore court was called to order in company with Mrs. r. J. Pratt of Loretta, Tenn, with whom she has been stayIng since she left her husband.
 1 Neither Stephenson nor Mrs. Steph- enson had come into the court room I when the girl and her companion came In. Seats were offered Mrs. Gussman and Mrs. Pratt at the re- porters table, and they chatted for about ten minutes before court was called to order.
 Very few people in the court room recognized Mrs. Gussman as the girl In the case. though a few who had seen her at the preliminary trial craned their necks to see her.
 Neither of her parents happend to look toward her as they entered the court room, but after Mrs. stephen son had been seated few minutes she looked at her and after the ex- pression on her face showed that she recognized her daughter, she turned away and never once during the morning session did she look back. Stephenson apparently did not see her at all.
 1 Opening Argument The opening argument for the de- fense was made yesterday morning by Fred Fite. Mrs. Stephenson wept