The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-31

for Sale really have happened
either to his company or that OF
other directors.
rio, but that he did not call his at
tention to the fact that DR.. Bowling
had been whipped and that they
were at the Lyric on that night. un-
til the following Monday.
Accused OF Participating.
Asked why. he said Mr.. Parsons
had told him he had been accused OF
participating in the flogging by a
detective. He said he had made no
effort to see Newton F. Thompson
the man he met in Patterson's store
on the night of May II, until about
two weeks ago, even after being
warned that he was In danger of be-
ing connected and after he was in
dicted
He, Thompson. Ford. Walker and
his attorney, Jim Burgin, had gath
cred Sunday and discussed the case,
he admitted.
All three of the witnesses to his
alibi, Ford Walker and Garvick
were as good friends as he pos
sessed, he said. He also admitted
knowing George Moore well and hav-
ing met G. G. Williams.
An affidavit of Rev. r. V. Locke
Jacks was read at this point. CUES
tioning of Jacks then continued.
Jacks said he did not know wheth
er his dairy had been scored by the
health department or not.
III ask you If you didn't tear a
score card UP once, throw 1T to the
ground and stamp on it with your
feet. uttering protests?" Mccoy
asked.
Jacks denied that such an occur
renee had taken place.
The state introduced copies of two
letters alleged to have been written
by the health department to Jacks
Jacks claimed he could not say
whether he had received them, al
though one was registered and re-
ceipted by Mrs. f. G. Jacks One
letter. dated March 7, stated a re-
permit would be necessary TO secure
the distribution of grade A milk ano
been scored. He must meet certain
requirements to get permit, 1t was
The other letter, dated April 20
1922. was a repetition or the iirst
with the exception Of saying that no
answer had been received TO the ioi
mer letter. Jacks said he didn
know of the receipt of either letter.
Are you familiar with the milk
ordinance ?" Mccoy asked.
II think l was, and 1 will tell you
one more thing; l have tried TO llNe
up to it," Jacks replied with some
show of feeling go $1,000
ment. testified there had been trou
HE with Jacks over a permit. he
had called Jacks attention to ais
crepancies once at visit, ne salo
He said he had seen Jacks on May
2 at his office. He consulted me-
morandum to make certain Oh 'he
date.
At this point. the testimony OIL LIZ
Bowling began.
An even larger number OF spec
tators were present at the Wednes-
day afternoon session than at any
other time of the trial. Ihey were
sent back to the rear or the couIs
room time after time by oraer 81 o.,
Judge steele and the bailiffs. but IN
few moments they would be found
crowded up to the front again. Inc
foct that it was Memorial Day APP
narently added to the audience
Gather than diminished 1t.
Three Alibi witnesses.
Attack and counter attack by each
s;da AGAINST the testimony of the
states star witness, Charlie W.. ~
son. and three alibi witnesses or the
defense featured the morning session
of the third day of the trial or H. ".
lacks. Each witness placed on th1
stand to establish an allol LOT Ed
lacks on the night Of the logging OF
Dr bowling, May II, 1922, was
nlaced under strenuous cross-exam-
;ration by Assistant Solicitor John
Mccoy. w., 49, 11v,b
A. Locke, attorney for Jacks, IN an
effort to prove that Jacks, with j.
Ford. another defendant, ana two
cthers attended the Lyric theatre on
tha night of the flogging, was A. II
walker. Ketona merchant. MCCOY
heejnninc DISCRIMINATION, ques-
toned him closely about detalls OF
row the theatre party was piahne y
and occurrences during the night. ne
adnitted Jacks had called MS at,en
ton to the fact that their party hao
occurred on the night of May ~ on
~ dav after he had read of the
t,rsrine In n Sunday paper. Mccoy
onestioned him whether he could re-
n,an,her II he had seen Jacks IN ms
store en- various dates. .,,,o,
Can YOU give us any pratlculai
data or hour when Jacks was IN eN-
cept ON May 17?' he asked "aiAe'
was unable to dc So
Walker saw no one else he knew
durinr the trip through Tarrant CITY
Rovles and Inglenook into town, ne
saf5 Neither had Sc seen anyone IN
town he knew. Jacks had TAXED o.
Newman Thompson in the store NJ
said He professed his inability TO
remember any of their conversation
r. N. Garvick, Ketona, claiming &c
have been a member of the theatre
Marty on May II, 1922. the night OF
the flogging, next took the stano
He repeated much of what walker
had said when asked to testify. He
also had first learned of the flog-
cling of DR.. Bowling from the Sun
day papers, he said.
The date of the theatre party had
| been impressed on his mind by
, walker on the following Monday, he
! claimed. Walker told him that Jacks
! said he had heard he would be &C
cused of the flogging, he said.
O O o
! Other Witnesses.
| A. II. Walker was then returned
/ for further questioning by the state
! Walker was then put through an in
tensive grilling by Mccoy about his
movements for several days follow.
/ ing the theatre party. He admitted
! Newman Thompson had come to his
t store last Sunday for a talk with him
! Jacks. Ford and Attorney Jim Bur
! gin.
| r. N Garvick was also return ed
| and put through much the same ex.
animation as Walker.