The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-01

Points; that he followed the lead of
the others in applauding; that it was
his first time in court and that he
had intended no violation of the law.
Young man." Judge Steele said,
you've got the makings of man in
you" He added that in the face Of
the denial of the others he would not
make an example of him and send
him to Jail.
Il would like to know" Judge
Steele continued to the crowd, If
there is person here with manhood
enough in him to come up here and
admit 1t. That's what is the matter
with the law in this country today.
No one moved.
Jacks Is Congratulated.
Jacks received the congratulations
of his numerous friends in the court
room after court was adjourned.
All during the day the room was
packed to capacity. When the argu-
ments of attorneys began, the hall
door was opened and the corridor
was damned with spectators outside
the room, who listened to the argu-
ment Intense interest filled the
courtroom all during the trial. NJ
merous friends of the defendant were
present, as well as number of other
alleged members of the floS-
cling band and their attorneys. The
court found it necessary to call for
order to quiet demonstrations many
times Monday, Tuesday, "Wednesday
and Thursday during the trial.
Proceedings began Friday morning
with the reading OF notes of the first
grand jury which investigated the
case, by r. D. Algee, stenographer.
The reading bore out, to some extent,
the contention of the defense Thurs
day afternoon that at the first hear
fpe DGen
unable to identify any of his assail-
ants.
Argument of attorneys then began
Assistant Solicitor John Mccoy
opened with an exposition of the
claim of the state that the flogginS
of DIR. Bowling had resulted from
malice. He branded the attackers as
towards" and attacked the alibis
offered by the defense. He then
pointed out the danger of allowing
offenders who attempt the intimida-
ton of public officials to go unpun-
ished.
Burgin Begins Argument.
Attorney Jim Burgin began the
first argument for the defense. Bur
gin concurred with Mccoy as to the
horribleness of the offense, but
claimed Jacks was not implicated. He
extolled the character of Jacks and
then reviewed the testimony of wit
nesses to the alibi of Jacks.
Judge Hugh a. Locke, commencing
the afternoon session, claimed that
Jacks deplored the crime as much as
anyone and that Jacks was free from
connection with it. He reviewed the
legal grounds of the indictment and
then launched an attack on Bowling,
Tyson and Dews, reviewing their tes-
timony and explaining what he
termed the improbability of Jacks
being implicated
solicitor Jim Davis made the final
plea for the state. Near the begin
ming of his argument, while he was
quoting from the Scriptures. a clash
occurred between him and Vasser
l.. Allen. sattorney for w. NJ VERIFY
end Porter n Newman, defendants
in connection with the bowling flos-
ging. Allen was seated in the wit
ness chair, directly in front of the
jury aud alongside Davis.
DAVIS claimed the controversy
arose over laughter of Allen while
he was addressing the jury. He
paused in a companion of Bible
Identification of a voice and several
remarks too subdued to understand
were heard to pass between him and
Allen
You laughed at what the solicit
tor was saying, and in the face OF
the jury" Judge Steele told Allen.
4 think it would be better for you
to sit over there"
Allen remained where he was.
however.
state Was Outraged.
Davis continued. In beginning, he
thanked the jury for it's interest
and sacrifice. He paid tribute to the
sacredness of jury duty and said
they rad taken the same oath as he
to uphold the laws of the state. The
state. he said, had been outraged on
May H. 1922, by the crime against
an official who had attempted to
put into execution the laws they
were all sworn to uphold.
is the judge on the bench to be
intimidated? Davis asked.
Are your officials to be placed in
danger for the enforcement OF your
law and mine?"
DR.. bowling. Davis said, was put
ting into execution laws to protect
the people and prevent the spread
OF disease The Jurors, he said, must
hew to the line of duty in seeking
a verdict regardless of the ties OF
friendship and interest.
Tyson, Davis claimed, was only
a tool of the Others a tool grown
too dull for use. Davis then began
an examination of the alibis for the
defense. He reminded the jury that
LACKS hao lolu a. h H. Used of The
ne i ne "o"'u
You or would have run this
accusation down Immediately" Davis
said. Instead of doing that, what
NJ ~ ~ nirht wandering around
r. r,ce track and attending the
sncopd show when he had to rise
esrIv next morning."
II believe they have a refrigerator
ont there thev keen alibis in, for you
~. 80 ona and thev reach in and
for r tyson Ss'' 49,. w,,,,.r = and N.