The Birmingham age-herald., 1923-06-17
NEWMAN FOUND MINNESOTA RACE NOT GUILTY N FOR SENATE WILL FLOGGING CASE BE PARTY TEST
(Continued From Page One.)

convicted of the crime I was charged with"
 Judge Heflin charged the jury to convict Newman solely upon the evil disregard any personal opinions they might have about the case.
 The state always holds man innocent until he is proven guilty" 1 Judge Heflin stated. and 1t is up ! Porter Newman Is guilty or inpo- l cent.
 T want to call to your attention
 the two indictments against New
 man. The first charges, assault and battery. in connection with tho flog- gins of Dr. Bowling; and the second | charge, conspiracy to kidnap in con-
 nection with the alleged turing from home of Dr. Bowling on the evening | of May IT. 1922.
 Should you find him guilty of of
 more than $500 may be assessed the defendant; if you find him guilty of conspiracy to kidnap, the punish meDt will be left to the court and shall not be less than two years and more than ten years in the pen itentiary."
 The testimony of Tyson, one of the states chief witnesses, who had been proven an exx-convict by the defense, was to be taken for what it was worth in the estimation of the jury men. Judge Heflin stated.
 The law looks with disfavor upon the testimony offered by person who has been convicted of crime and proven to have testified falsely at-the trial, but it Is quite possible that such a man may be telling the absolute truth" the judge charged.
 The last part of the morning ses- sion and the entire afternoon session of court Saturday was taken up in arguments of the lawyers for the state and defense. Both sides closed their case at 11:20 o'clock Saturday cess arguments were begun by John |. Mccoy, assistant solicitor. Mir. Mccoy forcibly attacked the alibi offered by Newman, character | izing 1t as weak and too far fetched and absolutely too much for an in telligent person to swallow He
 made a stirring plea for conviction of Newman and reviewed the case from it's beginning, taking the state s view. Mir. Mccoy called attention to distinctive types of juries he has had to deal with in his years of court | in the Newman case do it's duty from | the evidence offered and not the
 prejudice of any individual. He end ! ed his talk dramatically, stating that | he had sought divine guidance in
 this case, and seated himself saying | in a hushed tone, q know he Is guilty"
 Frey Gives Bowling Lie.
 Immediately after the noon recess l Attorney George Frey. for the de- | fense. began his argument. Attorney | Frey launched a heavy attack upon | the testimony of Bowling and his
 negro maid, Annie Laurie Lightner
 He pointed out to the jury several
 instances where their testimony re- garding the man who called Dr. | Bowling out of his home conflicted When Dr. Bowling testified or | the stand that he had told Detective Elledge the names of some of the
 suspects and when Detective Elledge
 testified that Dr. Bowling did not
 tell him any names. 1t proved that pr. Bowling was certainly greatly mistaken. I'll go farther than that
 It looks to me not like Dr. Bowling was mistaken, but that he lied! And | if a witness tells one lie, can you l believe any of his other testimony?' | Following this attack upon Dr
 Bowling. Frey attacked the testi.
 mony of Tyson, comparing his men,
 tai condition with one upon whom
 the war had wrought great mental
 ens8fsS ensed TssS sdess dessrt,ns se the sS.
 army. but this was objected to by
 Attorney Mccoy and the court sus.
 tained the objection.
 Vassar L. Allen, also for the de- fense, began his argument at 2:45 | and occupied more time than any
 other attorney. He did not resume
 his seat until 4:40. Mir. Allen direct
 cd most of his argument In criticism
 of the speech of Attorney Mccoy
 He also continued Frey's attack
 upon the character and testimony o1 1 Tyson.
 Solicitor Jim Davis ended the argu-
 ments with an appeal to the jury for | a conviction on the ground that the | testimony presented was sufficient l He stated that the testimony hat
 been unjustly attacked. He refutee l the statement of the defense that tht | indictment of Tyson was al the time | of the other men accused of partici i pating in the flogging and produced
 the indictment in court showing thai 1 Newman was indicted on March 31 l with E. G. Jacks and W. M. Yerby
 and that Tyson was not indicted until
 April 10, with five others.
 | Porter Newman, the defendant, wal | called to the stand as the first wit
 ness Saturday morning. He denied
 having participated in the floggine
 and kidnapping and that he was ir | any way connected with it. He tes- tiled that he was 3S years old ant | ttat he was employed at Acipco by
 the American Cast Iron Pipe com l pany as a plumber and that he hat | been with the company for practi- | cally four years.
 He told of going to Mrs. W. M ! Frazer's on the evening the floggine z
 was alleged to have taken place ana
 repairing a lamp he had sold her {
 week previous. He stated that 1t was l practically dark when he reached l Mrs. Frazer's and that he had some
 difficulty in repairing the lamp
 Finally he broke the chimney ant | had to return home for a new one | When he had obtained this and com,
 pleted repairing the lamp 1t was | o'clock, he testified.
 pr. Bowling and his negro house
 maid. Annie Laurie Lightner, or | Thursday had testified that Newman was the man who called for pr Bowling on the night of the flogging | between the hours of 8 and o'clock Newman denied having been any | where near Dr. Dowling's home or | the evening of the flogging.
 The case has moved speedily since | 1t opened in Judge H. P. Heflin's | division of circuit court Thursday | morning. Vassar l.. Allen has beer heading the defense, with George | Frey assisting. Jim Davis, county | sol citor, has had charge of the pros
 ecution, with John P. Mccoy assist l fnD