The Birmingham age-herald., 1923-05-30
Defense Counsel Attacks
 Veracity Of State Witness

testified MT. and Dews had visited him for that purpose last May.
 The state rests it's case" Solici- tor Jim Davis called at 1:42 o'clock as Burns left the stand.
 The introduction of 19 character witnesses by Judge Locke for the defendant then commenced. Judge W. & Russell. Vanderbilt section, said he had known Jacks since 1888. and that his reputation was good. He did not know Tyson.
 Pastor I. Witness.
 Rev. M. T. Branham, 'Gardendale, gave similar testimony, except he had known Jacks five years.
 Character witnesses were ordered excused from the rule as they testi- fled, from this point onward, by Judge Steele, They were also re- leased from the necessity of further attendance at the trial.
 P. l.. Bryant, night watchman for Crane company, living at Tarrant City, followed. Jacks reputation. he said. was good. Tyson's general rep utation, he claimed, was bad, as was also his reputation for truth and veracity. He declared he would not believe Tyson under oath, when ques- tioned. Assistant Solicitor Mccoy placed Bryant under stiff grilling. Bryant then admitted he did not know Tyson positively. He had only seen him. he said, at a garage.
 You never saw him with a man you knew" he was asked. He was unable to name person with whom he had seen Tyson. He heard another man talking about Tyson in a bar Der shop during the war. he claimed He said he had been asked to sign an affidavit that Tyson was not re- sponsible for his actions in order to get him released from trouble he had gotten into because of alleged assertion from the army. After ob jections of Mccoy to allowing the testimony to enter the records, Judge Locke entered a plea gainst exclud- ing 1t. An argument over the possi- ble conception Bryant held of the word reputation" ensued. Bryant at tempted to give his interpretation, but Judge Steele shut him off.
 T want you to let me explain, you talk too much, MT. Witness" he said.
 Had Seen Him At Church.
 D. l.. Black, retail lumber busi- ness, Ketona, testified he had known Jacks 12 or Is years and that he bore good reputation. Asked by Mccoy on what occasions he saw Jacks he replied he had seen him once or twice a year at church.
 W. F. DeShazo. Tennessee company superintendent of the Ketona d- vision, said he had known Jacks 1612 years and that his reputation was good. Tyson, he said, had a bad reputation, both generally and as to veracity. Asked by Mccoy to furnish specific instances of Tyson's badness" DeShazo said Tyson had once claimed he had just bought Jacks dairy for practically all cash. IIa cgfI ha ho1 infr ift DS in 1918 or '19 if Tyson were de- serter from the army.
 During the testimony of DeShazo. the crowd gathered to the front of the room, pressing up inside the rail, and Judge Steele was forced to clear the aisle.
 Mason Martin, North Birmingham merchant. testified to the good gen. eral reputation of Jacks.
 Lights of the court room flashed out during the testimony of Martin, but hearing of the case continued. despite the darkness and sounds of an approaching thunder storm. nook. testified to the good name of Jacks and to the alleged fact that Tyson was held in bad repute. He said he would not believe Tyson un- der oath in a case where he was in terested. He admitted to Mccoy that ne was O1ten dsSoCldttN Wleh eiO dairymen of the district
 R. H. Wharton. president of a North Birmingham bank, claimed knowledge of the general good rep utation of Jacks.
 C. NJ Green, Norwood realtor and previous resident of Tarrant City made the same statement.
 W. W. Walker. North Birmingham druggist also testified to the good Gapara1 repnfatiOu of the defendant He admitted to Mccoy that he knew a brother of Jacks in the drug busl l. ness better than he knew the de- fendant.
 q. s. Prowell. Birmingham in surance man, also testified for Jacks.
 W. c. Patterson, cigar and tobacco merchant. said that from business standpoint, the reputation of Jack was good He did not know of Jacks personal repute.
 Tnrrant City Mayor.
 Strenuonn examination by the state followed the arrival of G. w. Thomp- son. mayor of Tarrant City, to the stand. He knew of nothing very had against Jacks, he said at hrst' He said he wouldn't believe tyson under oath. He admitted he was the father -in-law of Sam Cargo one or the men indicted on the same charg as Jacks As instances of the pai- ness" of Tyson, he cited several sto : ries told by Tyson, which he alleged were prevarications. and said he hao gained an affidavit with Bryant to get Tyson out of jail at Anniston' following Tyson's alleged desertlon from the army.
 May Hazelrigs, telegraph operator Ketona. concurred In most Of the previous statements. He also said he wouldn't believe Tyson under oath.
 While on a committee appointed to collect the preachers salary, Hazel rigs said, Tyson varied from the truth repeatedly about making ms navments. Asked if he knew any thing good about Tyson, he said; "Yes, he goes to church sometimes.
 J. J. Yancey, mail carrier between North Birmingham and ketona said lacks had A good reputation and Ty- son bad one. Tyson. he said had once joined two churches on the same Sunday.
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