The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-24
DEFENSE ATTACKS
regulations OF.
STATE WITNESSES
Efforts Also Made To Show
Collision In Fite Case
Testimony

Defense attorneys in the disbar-
rnent proceedings against Fred Fite,
birmingham attorney and member
of the state legislature, sprang the
latest feature in the case Saturday
when they introduced witnesses who
testified that Miss Katherine Elkins
and Miss Rose Charles. star wit
nesses for the state, bore bad repu-
tations and that they would not be-
lieve them on oath.
At 2 o'clock Saturday afternoon
Judge Ben d. Turner, who Is hearing
the case. adjourned court until $3.50
o'clock Monday morning. Both the
state and defense attorneys stated
that the case would be completed
and, in the hands of the jury by Mon
day night.
Court was adjourned at o'clock
Saturday afternoon in order, to allow
C. p. Beddow, one of the prosecution
attorneys, to attend the wedding of
his son.
The afternoon session began at
1890 o'clock. after an intermission
of 40 minutes in which the jury and
attorneys lunched.
Miss Rose Charles was placed on
the stand and asked IL she heard any
statement in the women's rest room
Friday to, the effect that the at
torneys could nN tangle her and
Miss Ell1ins because they both had
the same tale" She answered that
she had not heard any such remark.
She was then asked II she heard any
remarks of this type from Miss Ell
kifis. aud she also denied this.
Mrs. Hulda Newsome, former Bir-
ningham policewoman, was put on
the stand and she testified that while
in the rest room Friday she heard
the two witnesses talking and that
one of them said, We'll, they can't
tangle Rose and myself because we
told them the same tale" She tes-
titled that she did not know either
of the women.
j. p. Morris. a paperhanger of Bir-
mIngham, testified that the Charles
woman and the Elkins woman bore
bad regulations and that he would
not believe them on oath. He stated
that they came to his home several
months ago and that they said that
Fite owed them money and they
were going to make it hot for him. '
He testified that they offered him
money to stick by them" but that
he refused. He further testified that
he did not consider them in his So
cial circle and did not associate with
them.
His wife, Marie Morris. was called
to the stand and practically corrobo-
rated her husbands testimony.
.vvou,o Not re F Q g OATH
Mrs. ]. T. Clements. an employe at
Britling's No. 1 cafeteria, where Rose
CT aries and Katherine Elkins had
been employed, stated on the witness
stand that the general reputation OF
both women was bad and that she
would nos believe them on oath.
MISS Bernie Jones and Mrs. Blanche
Norwood. both employed at Britling' S
No. he
character of Miss Elkins and Miss
Charles was bad among their fellow
workers when they were employ ed
there.
john D. Weakley, Birmingham at
torney, testified that he had been
practlcing law in Birmingham for
over "a years and that he had known
Fife for severa! years. c. +. Beddow,
attorney for TIE defense. then asked
il he thought Fite's reputation was
good. MIR. Weakley replied that he
did.
"Wnuld you call a lawyer a good,
upright man who hired agents and
solicitors to run down ambulances
and go to The bedside of victims In
hospitals to get damage suits! MI
Beddow asked.
II think man may be perfectly
honorable who does this. and in fact,
1t is practice among many honor
able lawyers that l know" Mr..
Weakley answered. In fact, 1t is
almost a universal practice among
lawyers"
when you come down from the
witness stand l want you to tell me
the names of the other lawyers in
Birmingham who do this. The bar
association wants to find this out,
Mr.. ReeGow stated.
.Iu be glad to do It," came Mr..
Weakley's answer.
RE. Smith of Mt. Pinson. member
of the state legislature. was the last
witness examined before adjourn
ment. He testified as to the good
character OF Fite.
j. H. Bankhead of Jasper, son of
the late United States Senator ]. III
Bankhead, on the stand stated that
mans general character might be
good but his professional char
acter bad. He stated that good
many men of good character broke
the prohibition laws and had no as
persion cast on their general char
acter.
He testified that Fite's character
was good as far as he knew.
Man, cAarncte9 W e
other character witnesses exam
ined during the morning sessions
were: Travis Williams. attorney
Russellville, member of the judiciary
committee of the legislature; Sheriff
Lacey of Walker county, of Jasper
w. l.. Sutler of Jasper: Prof. j. NJ
Burnett, superintendent of Tusca-
loosa schools, of Tuscaloosa: ]. D.
Hodges, bank cashier, Hamilton: j.
M. Moore, state commissioner of ag-
riculture. of Montgomery; Judge e
w. Long, probate Judge OF Walker
county, of Jasper.
Attorneys engaged IN prosecuting
the Fite case are: c. P. Beddow. So
licitor Jim Davis and Horace G. Will
kinson, Fite Is defended by Walter
S. Brewer. John w. Altman and A: H.
Carmichael. This, case Is the hardest
fought In legal circles ever staged in