The Birmingham age-herald., 1921-05-06
ARGUMENTS BEGIN IN B|VENS MURDER
 CASE-NO LIMIT SET
Evidence Concluded With Re- buttaI Testimony on Part of the State-WitneSS Is
 Through With Union

lllC OlQtC VltiICOO To
 Through With Union
 The fate. of Charlie Milligan, who has been on trial for his life before Judge William E. Fort and jury in the criminal division of the circuit court for several days, will be in the hands of the jury this afternoon. Milhgan is charged with the murder of John Bivens, coal miner near Quintown, on April 2, and seven days have been consumed with the trial of this case and more than 100 witnesses were examined.
 Arguments in the were started yesterday afternoon when court reconvened after lunch and
 was opened by Solicitor Joseph R. Tate. In his talk to the jury the solicitor asked for the death penal ty in this case where the
 was shot down in cOld-blOOd mur- der while on his way home from
 work.
 1tC COnCluQtu HIS dI ulHVlli at osoS o'clock, and was followed by John Alt man, attorney for the defense. After reading several opinions of the supreme court of the various states ana of the United States on different phases of the case, Mir. Altman made an i'm passioned plea to the Jury for acquittai for the delendant. He will conclude his argument this morning and tho state lwlll close with the argument of C. F. Beddow, special assistant attor- ney geenral of Alabama, conducting the prosecution of the case.
 NO TIME LIMIT Following eOnterence between Judge Fort and the attorneys in the case shortly before court ad- | journed for lunch yesterday it wns | agreed thnt time limit should
 be set for the arguments, but each side agreed that 1t ,vOuld not con ! sume more than three 8ad One-haif l hours.
 It is believed that the case win | go to the jury about 1 o'clock this | afternoon following the charge by
 the court at the conclusion of argu- ments.
 | Considerable bitterness between op- posing counsel has marked the progress | of the trial as has the unusual en | deayors Of the defense to place tho | responsibility of the crime on the star witness for the state. Ii is claimed that the statements of this witness to officials is largely responsible for | the indictments of the defendant. Intense interest has been manifested l .n the progress of this case throughout i the trial and large crowds have in vaded the courtroom daily and listen- 1 ed eagerly to the stimony of the wit l nesses. Yesterday afternoon one of the l largest crowd ever gathered in the courtroom was present
 REBUTTAL TESTIMONY
 The session yesterday morning was consumed in rebuttal testimony by the state in an effort to establish the char acter of Dave Lattimer for truth and veracity. This was to offset the tes- tlmony of witnesses for the defense who had stated they would not believe 1 him on oath.
 The warrants issued before Judge H | E.. Abernethy in the Jefferson, county court Of misdemeanors, and which was sworn out by Coroner J. D. Russun, April ', charging Milligan with the mur- Ger Of Bivens, was introduced by Johr l Altman. The state ooJected to the in Croduction of the warrant on the ground 1 that it's introduction was intended to pre- Judice the case of the state with the jury.
 The purpose in introducing the war rant. Mr. Altman stated was to show the Unusual activity manifested in the case and the unfairness of Coroner Russurl and others connected with the case and the activity of w. M. Crooks as shown by his conduct In the coroners office at the time of the investigation
 DENIED PRELIMINARY
 Also 1t was to snow that, according to the records, Milligan had not been committed to the county jail until April 1 I, whereas he had been placed in jail April B. and that by the process of in- dictment the defendant was deprived Of a preliminary trial. The warrant was allowed to be introduced by the court. 1 MT. Altman withdrew his remarks con- cernng a piece of Sloss- Sheffield Steel and Iron company paper on which there 1 was a list of states witnesses over which there had been some controversy.
 Mir. Altman stated he was informed | this was old piece of stationery in 1 the possession of MT. Beddow for sev- i eral years and was not brought to the 1 courtroom by any one in connection with 4 the case.
 W. L. Brassfield took the stand and stated he would not believe A. c. Ham 1 brick, who had previously testified in the case on oath and wound up his state ment with the declaration that he was through with the union.
 STEALING UNION STUFF ] The witness testified that Hambrich had borrowed money from him to buy something for his family and then ran off with another woman. MT. Altman al l this point asked the witness if he hadn', been thrown out of the union for steal | ing stuff during the strike. Brassfield replied that others were, but he was not He further told the jury that Ne. vile, who is jointly indicted with Milli- 1 gan for the murder of Bivens, had | Threatened to kill him over some tents which the witness had in his possession 1 and for which he was under $l,000 bond 1 Brassheld stated he later had the tents and other goods moved off his place be. cause some one was stealing them.
 The witness stated he was paying his | own expenses and several others at the | trial He described those he was help | ing as destitute, and that he had called on Col T. O. Smith, chairman of tho | relief committee for the miners, ant then MT Cabaniss for help. He denied going to the Trussville Iron company tt get money.
 7. Brassfield at this point turned to tn, l iury and stated that he had interested himself principally in the witnesses fol Milligan, stating that all of them wer. badly in need of assistance. He ex