The Birmingham age-herald., 1923-05-26
GUILTY SAYS JURY I l WELLS; l l N | FIGHT LOSING ONE
"CannonbalI" Convicted As One Of Party Who Blew
 Hill Safe

iItII SNAtS
 James W. C"Cannonball") Wells was convicted of burglary and grand larceny in connection with the re- cent robbery of the Hill Grocery company by a jury verdict returned at 4:30 o'clock Friday afternoon. The jury was absent about an hour. Sentence will be passed by Judge Me Kinley at 9 o'clock saturday morn ing. The maximum term for burglary is 20 years. Wells is scheduled to be tried for robbery in connection with the same crime on June IS. Wells accepted the verdict with im- mobile features.
 | Trial of Wells was one of the most bitterly contested legal battles of the year. Solicitor Jim Davis and As sistant Solicitor John Mccoy con- ducted the prosecution. Wells was defended by John Altman and Roder-
 ck Beddow. Beddow was unable to state Friday afternoon whether an appeal would be taken.
 Identification Damaging.
 Identification of Wells from the stand by c. S. Mort, night watchman
 
 men who handcufied him-to a water | pipe while the vault and safes were being footed WIS tel me- positive evi- dehcs of the guilt of Wells by the state. Question of the validity of l MorL's Identification was raised by 1 the defense because he did not make an immediate Identification when confronted with Wells at police head quarters.
 Alleged finding of sugar On clothing i in Wells possession when arrested and the fact that sacks of sugar was said to nave been used hy the yegg- men to muffle the explosion in the vault is thought to have been the l strongest indirect evidence in an al ! legged steel linked chain of evidence forged by the state. Yellow soap l sneared on a punch found among q number of tools in Wells possession was said to prove connection with the robbery because bits of yellow soap
 were found on the footed safe.
 Efforts of rh. state centered in at
 tempting to prove connection be-
 tween Wells and Cadillac auto- mobile found near the scene of the robbery over which pistol battle was fought between four policemen and an alleged ycGgman, who es- capped.
 The owner and an employe l of stand on the Montgomery | E ilN dS CIelIiitu tO ils'NC o'Sii VI SAis' i and another man visit their place in i Cadillac car the afternoon before the robbery and attempt to buy beer and liquor One circumstance of the negro employees testimony was dis l proved by the defense.
 ! The manager of a Southside apart
 ment house testified that two men, occupants of a Cadillac car. had
 rented an apartment from him for few days just before the robbery. The apartment janitor stated he had seen Wells visit there several times and on one occasion had witnessed Wells in the act of working on the door lock- Pieces of yellow soap were found in the room by the negro, he said.
 The punch, two revolyers, ammu
 milton, drills and other tools, found in handbag in the automobile in which Wells was arrested by Detec strong evidence by the state. A number of apparently burglars tools, found in his Cadillas and at the Hill place, were intro 1 duced by the state, despite objec- | tions of the defense.
 l Considerable interest was aroused : over the trial and many spectators were present Tuesday, Wednesday, l Thursday and Friday to hear the i case, tried in Judge Dan A. Greene s ! court room. At the opening of the trial Monday afternoon, the defense attempted to obtain a continuance on the grounds that it had not had suf- ficient time for preparation and be- cause newspaper stories of the rob i bery were alleged to be preJudiciai to the defendant. Judge Mckinley overruled the attempts.
 Much favorable comment on the handling of the trial by Judge Me
 Kinley was heard among spectators, court officials and lawyers present. A clash between Judge Mckinley and
 John Altman, defense attorney, oc- 1 cured on the second day of trial. | Altman chose the latter alternative between being fined for contempt of
 court and apologizing for statements
 and an attitude which the court held
 to be offensive. A minor clash oc- | cured between John Mccoy and Rod
 erick Beddow. Judge Mckinley of
 Eutaw, Greene county, has acted as l special judge during the past two i weeks to assist local judges in clear l ing the criminal docket.
 Robbery of the Hill warehouse
 took place early Monday morning, ] May l4 Wells was arrested a few
 hours later and indicted the follow
 ing day. In line with his policy of ! quick trials, Solicitor Jim Davis suc- I ceeded in getting conviction for l part of the charges within Il days after the crime.