The Birmingham age-herald., 1923-05-30
Tyson, Under Severe Cross Examination, Sticks To
 First Story
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 next morning and questioned by Cole and M. E. McDuT, he said.
 0 o o Tells Of Confession. His confession took place the fol- lowing Saturday afternoon in the bureau of identification, police de- Hunt, McDuff, Solicitor Davis and Mccoy, he said. Nothing had taken place between him and McPhail be- tween his arrest and transfer, he said.
 When you come back in here, you had better talk" he said Cole told him as he previously left the room, This. he said, was all that had been said to him about the affair.
 Who urged you to confess?" he was asked.
 "No one" he replied. After study ing 1t over in solitary confinement. he thought 1t best to tell. he said. McDuff and Cole then had to ques- tion him an hour before he would confess, he stated.
 After eating supper. he passed the night in the office of Chief Fred McDuff. This was necessitated by the arrest that afternoon of Ford and Cargo. All space for confinem ent alone was occupied with the advent of these two men.
 
 bearing before the grand jury. he stayed at downtown hotels. he stated
 McPhail, he said, stood good for his expenses.
 At this point the defense began an effort to enter testimony that Ty sons expenses were paid out of fund McPhail had received from the Jefferson County Medical society for investigating the flogging. The states objection to all attempts were sustained by Judge Steele. how ever.
 A few days after being indicted Tyson claimed he went to a town in Louisiana, about 100 miles from New Orleans, where he was employed by the Texas and Pacific railroad. Cues he was unable to reply, even after some thought.
 Rising to his feet, Burgin again at tempted to get permission to go into the medical society fund question. He declared he wished to investigate the hopes for a reward which had been fostered. Judge Steele overruled. He then flashed questions at Tyson in rapid succession.
 Do you know pr. J. c. Heacock 2" "Dr. J. T. Doster?" 'Dr. E. W. Ruck- err" Objections to all questions were sustained.
 Questioning of Tyson proceeded. He
 
 said. Asked if he knew c. l.. Dews, he said he had only met Dews last Sunday morning at the office of Mc- Phai1. Cole was also there, he said. He declared they had talked about First one thing and then another" and had not mentioned the case. He admitted he had not been summoned as a witness. He said he had read in a newspaper article that the case would be tried May 2s. before he left Birmingham. Tyson left the stand at 11:45 o'clock.
 Perkins Is Called.
 H. o. Perkins. chief of sanitary dis eases of the health department. was the next witness of the state. He said that about April 20, 1922. while em- ployed in the city health department, he had seen Jacks dairy wagon at Fourth avenue and Twentieth street. He introduced himself to Jacks, he said, and told him he had orders from Dr. Bowling to stop the delivery of his milk in 24 hours If he didn't qualify his. dairy.
 An order, which he claimed he l showed Jacks that day, was exhibited | in court. Perkins explained, he said that he had no perosnal concern in the matter, but was obliged to carry out his orders to prevent any more milk entering until it had been l qualified After talking over the matter, he said he and Fite and Bur | son. health employe, went out to Jacks dairy to make further in present when they arrived. he said Jacks accompanied them back to town at their recommendation and had talk with Dr. Bowling in his l office, he said. This concluded the testimony of Perkins and no ques- tions were asked by the defense. J. H. Fite, health department em- ploye. took the stand at 11:55 o'clock. | Fite confirmed the statements of Perkins in substance and said Jacks had given the impression that he 1 felt himself imposed on. The state I offered to introduce Burson to further corroborate statements of Perkins and Fite, but the defense said it would ze necessary. The court l adjourned until 1:30 o'clock at the motion of John Mccoy. | O O o Can't Discuss Case.
 In dismissing the jury from the | morning session, Judge Steele gave | them additional injunction not to discuss the case with the bailiff in charge. He had already enjoined them to refrain from discussion among themselves.
 Mrs. C. l.. Dews. first witness of the state, at the afternoon. testified she had accompanied her husband and their children in an automobile on night in May of last year. Near cement bridge by Roebuck. she said, they encountered a car which had stopped. Her husband. she said. asked several men around the car if there was any trouble, but they replied No" She and her husband were on their way to the home of her father to secure his assistance in making bond for Dews' brother. it was said.
 A. C. Burns, father of Mrs. Dews,