The Birmingham age-herald., 1921-03-04
Knox IS ConUicted Of
 AssauH on Painter
 Fine $500 and 3ODays
Verdict Reached By Jury After 15 Minutes DeIibera- ton - Demonstration In Court When Jury Reports. Notice of Appeal Given

W. H. Knox was found guilty of as- saulting Phil Painter, publisher of the Birmingham Advance, by the jury hearing the case yesterday afternoon,
 After being out about 15 minutes the jury returned the following yer dict: "We, the jury, find the defend ant guilty as charged in the indiet- ment, and fix his fine at $500." An additional sentence of 30 days in the county jail was also given the de- fendant by Judge H. P. Heflin. Notice of appeal was given and the defendant was released under $1,000 appeal bond signed by Frank Nelson, IT,, and Walter Moore.
 Following the reading of the verdict the large crowds which have thronged the court room since the trial started Wednesday morning cheered and ap- plauded, and it was necessary for the bailiff to rap for order several times before it ceased. However, when things had quieted down Judge Heflin ordered all persons who had applauded or cheered to come forward as he held them in con tempt of court.
 | There was not a response, and being un- able to pick out those guilty of the act he stated that order must be maintained in court, and he would not stand for any such actions in his court room. He then told his clerk and bailiff to investigate the matter. and see if they could not as certain who the parties guilty of that conduct were.
 QUESTIONS EXCLUDED
 In his charge to the jury budge Hefiin stated that many questions had been asked during the trial which were not allowed to be answered, and many points which were passed on were not allowed as evidence in the case and must not be con- sidered by the jury in reaching a verdict.
 The defendant had the right to defend himself if Painter had assaulted him, the court pointed out, but did not have the right to assault and beat Painter for some imaginary grievance. If he had any grievance whatever, real or imag- mary, the judge stated the courts were open to him, and no man, it does not matter whether he is private citizen or officer, had right to go and mete out punishment to some indf- vidual. The defendant was law en- forcement officer, and 1t was his duty to uphold the law and not to violate it, the court said. He then pointed out several sections of the law under which they were to decide the case, and referred to the evidence which had haap ayr1l1ded and ovarrllled
 James G. Davis, assistant solicitor for the state; Roderick Beddow and A. Lee Oberdorfer, for the defense, arr gued the case during the morning hours, while c. P. Beddow, for the de. fense, stated he would not argue. When court reconvened yesterday afternoon. special attorney for the prosecution concluded the argument, after which the charge was delivered by the court.
 REVIEWED TESTIMONY Each attorney reviewed the testi- mcny introduced in the case, and brought out facts in the evidence sup- mitted by the witnesses. Attorneys for the state plead for conviction. while an impassioned plea for acquit- tai was made by attorneys for the de- fense. This was asked on the grounds that the assault was justified by the writing of an alleged scurrilous letter to Governor Kilby criticising the mem bers of the law enforcement forces for their activities ins the strike zone where they were sent to maintain orr der, and which letter Knox thought Painter was responsible for.
 Similar charges have been made against O. D. Moates, another one of the state law enforcement officers who was indicted jointly with Knox for ths assault of Painter This case will probably be heard today before Judge Heflin.