The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-10

to make an affirmative statement of
guilt with regard to this man on any
one of these three indictments, al en-
tirely different situation would, of
course, arise. But what they do is
to print the records OF your honor's
court. They print fact tina. j as
open 20 daylight as the re ., 1 see
out of your honor's window here
facts which are not only matters of
record, but which are SO essential
and necessary to be matters of
record and common knowledge that
ponds for its integrity upon the
would be lawless for you to send me
to Jail because you thought So"
The Court: But 1 am not as
Stunning; that might be a matter of
proof"
Court Raps For Order.
(Here a ripple of applause ran
through the room and Judge Helm
raped and called twice for order)
Mr.. Baker; These young men are
entitled to have the solicitor lay
down the charge against them with
not allowed to indulge in the pre-
sumption"
The Court: Til state at this time
that I don't think 1t as necessary
that any complaint be filed at all;
that the court had the right to sum-
mon these gentlement whom we be-
lieve responsible for this EDITORIAL
or this article in the paper
Mr.. Baker: 1--WE can try only one
lawsuit at a time; of course, if the
bill is not found sufficient
The Court: mo. I am just asking
for information SO as to give you an
NJ L
not undertaking to y
Mr.. Baker "I understand. your
honor
The Court Il am merely asking
these questions to give you an OPP
portunity to answer them"
Mr.. Baker: Exactly, I want to
answer it by this illustration. If
your honor sustains the motto which
we have addressed to this bill of COM
plant, and holds IL insufficient. and
then your honor sees fit from the
bench, to call these gentlemen up in
front of you and deal with it then
we will know how to fceed, but
fo- the moment we have been sum-
moned to deal with this case as
stated on paper by the solicitor.
Gives Personal E.perience.
II referred moment ago to this
statement being plush-like. If your
honor please, | don't often indulge in
personal references in the middle of
argument, but If you will permit me,
I think / have had as much personal
experience In being commented upon
by the newspapers as any other living
human being, and there never has
beene time in my life when j
wouldn't have been amazed at such
moderation as here appears. Now,
let"
The court: You were never on
trial, though, were you. or indictedT
Mr.. Baker: "A1l my life have been
on trial. II the court please"
daughter and applause from the
audience reached such a degree here
that Judge Helm threatened to put
the next person who laughed out OF
the room. Turning to his bailiff, he
said: Watch him, pick him out and
he will take a step to the door. j
don't propose to have any laughing
by the audience
The court: Il mean on a criminal
charge"
Mr.. Baker: II understood what your
honor meant"
The court: when ask you a
question, it is for the purpose of al
lowing you to come back and con-
vince me. 1t is not for the purpose
of shutting you off or intimating that
l will decide against you. but to give
you the opportunity to convince me
that 1 am wrong in any position
take"
Mr.. Baker: Your honor, If I did
not wholly believe that / would not
go through the banality of an argu-
ment."
Mr.. Baker then reviewed the pur-
port and language of the articlespnd
reviewed it and his construction OF its
relation to the court and the case.
~ to- f.rA f,f r. tc
he explained. There has been no pre-.
Judging by The Birmingham Post"
Summing up the position OF the de.
Tense, as detailed in another column
of this issue OF The Age Herald. Mr.
Baker outlined the theory upon which
all newspapers practice the printing
Of court records.
Then came another tilt between
Judge Helm and Mr.. Baker. which
concluded when Mr.. Baker declared
that in cases where contempt charge:
are brought, the law says the judg,
must read with his merciful glasse.
on"
flame the minds of the jury" insisted
Judge Heflin. 1T held VERIFY UP as {
bad man."
Under the law, your honor, ever.
man must be held guiltless unit
proven otherwise" rejoined Mr.
BAKER.
1.-The state could not introduce al
evidence that VERIFY had been indicted
on other charges" Judge Helm Of
fered
mo. it would be prevalent" ad
mitted Mr.. Baker. However. a mar
follows the law because good repu
tation is most to be desired. By print
ing these facts we discourage the &C
curing of a bad reputation"
Here Mr.. Baker paused and an
nounced that he was willing to res
until after an adjournment. Juds,
Heflin said II was up to the defense
After a brief conference with Mr.
Cabaniss. Mr.. Baker spoke about fiv,
minutes longer. concluding with a re-
iteration of the motion to dismiss tn,
complaint Judge Heflin overrulet
this motion and adjourned court unit
2 O'Clock.
The case was OF much interest Il
Birming CHAM lawyers and newspaper
men. the court room being filled will
attorneys. it seemed. inside the rail.
and in the space, set aside for tn,
public.
Former Secretary Baker left Bir
mingham Wednesday night for hi:
home in Cleveland. Ohio.
Wednesday night some OF the edi.
torial associates. OF the Birmingham
posf man whn anant INA OH ia {of Il