The Birmingham age-herald., 1921-09-25
By FRED II. GoRMLEY Montgomery Bureau. The Age Herald, 22I-g First National Bank Building

ssi,s First National Bank Building
 Montgomery, September z4.-W. IL Knox and A. w. Grove, state law en- forcement officers, were held Tor the grand jury of Elmcre county without bail; Spencer $. Sanford was ordered released on a $500 bond, and John I. Shores, enforcement officer, and John Jones and Freeman Hale, members of a citizens posse. were acquitted of the murder of Lee Taun- ton, alleged moonshiners picket, by ". R. Osborne, justice of the peace, at Wetumpka Saturday night
 Meager information about the yer dirt reached the city. Justice Os- borne nSld that the evidence was suf- ficiently strong to warrant the hold ing of Knox and Grove behind prison bars pending an investigation; that the evidence was not strong against Shores and that there was nothing to indicate that the citizens posse bad any part In the shooting Of Iaun- ton.
 The Elmore grand jury will meet early in october for the regular term and will take up the cases In the meantime, the state law enforcement officers will be held on the murder charge in jail at Wetumpka unless habeas corpus proceedings are 1ileo to procure their liberation.
 Justice Osborne's decision to hold Knox and Grove without bond, to re- lease Sanford on bail and to return the liberty of the others, came after a. day spent in the hearing or testl- mony of the defense in support of US contention that the raiding party was forced to fire to protect the lives of it's members and that not shot was fired until bullets had come from the section where the moon sinners pickets wereeAQcated.
 All members of the%niding party took the witness stand 6ring the day and their stories were pfArtically the same. All said shots wereA4 red by unidentified parties. and they were returned only for the protection 1f the lives of the raiders. This testi4s mony was in direct conflict with wit nesses for the state, who testified that no shots were fired except by the raiding party.
 l.. J. Hornsby proved to be the de- fense's star witness. In addition to inc testimony of the officers, Horns by told the justice he heard Marion O. Duett, who was shot at the time Taunton was killed, say: They got us a while ago for making liquor. Hornsby also said Duett told him the names of thesather persons who were guarding thS4kf5A at the time Orien Hornsby, brotherx %corroborated the testimony of J. |. HAFnsby in all inn portant details. x
 Floyd Tate. formef sattorney gen. eral of Alabama. madesAn urgent ap- peal. to Justice Osborne in his argu- ment to hold the members of the raid ing party without bail. charging that Taunton was shot while heS was at tempting to flee, and that he had al- ready been recognized by the law or ficers. He could have been arrested later and his lifeaNpared.
 This argument Brought applause from the throng which packed the courthouse, and 1t was several min utes before quiet could be restored and the hearing could proceed
 AJ. M. Holley attorney for the de- fense, also brought cheers when he appealed to Justice Osborne to release the men and declared that "as sure as you convict Athese men you are digging out the very. pillars that sup por&Aour Fovernm6pt." MT. Holley inst that the officers fired only fd prctectionss of their lives and orllys 4Rfer the moonshiners' pickets had fired at them.
 The widow of the man who was killed was in the courtroom for most of Saturday afternoon. Each time mention was made of the death of her husband she wept.