The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-16

took the stand and testified that he
had talked with Tyson and that Ty-
son had stated that he hoped to get
at least $1,000 out of the flogging
case. He also testified that Tyson
had told him that the government
had offered him a good job and he
wanted to get to work as soon as
| possible.
Mrs c. A. Rofer, also of Marbury,
testified that she met Tyson in Mar
bury on Sunday at the home of his
adopted parents. She stated that he
had SAID that If they held him to his
confession and let the other men go
free that he would carry his case
to the higher courts and beat
them at their own game"
| The morning session of court was
given over to the taking of testi-
mony of Mrs. Frazer and character
witnesses for the defendant. Tyson
was also recalled and asked about
his sentence in the state peniten-
tiary.
Tyson's Prison Record.
Under the examination Of Attor-
ney George Frey, Tyson admitted
that in 1918 he had been sentenced
in Calhoun county for forgery to
serve two years. At that time he
stated that he was known by the
name of Staten. At first Tyson de-
MED this but later made clear con-
| fession.
Mrs. Frazer testified that she lived
about a mile from Acipco and that
on May H. 1922, she sent her small
son to Newmans house to get him
to come to her home and repair the
| lamp she had purchased from him on
May II. She had written note to
Mr.. Newman an1 this was produced
in court by the defense. 1t was as
follows:
Mr.. Newman
II am having trouble with the man
tie. Please come over and see ABOUT
It, Mrs. Frazer.
May 17-22."
Attorney Mccoy grilled Mrs. Fra
zer for almost an hour in regard 70
the date on the note. She was asked
| IL she wrote the date on the note and
at first she replied that she did not
remember. Later she stated that she
remembered dating the note but
could not give any reason why sne
dated that particular note ana old
not date many others she had sent.
She was also asked il it had not
been forged.
In answer to the note, Mrs. Frazer
testified, Newman came over to her
home and began repairing her lamp.
She had purchased the lamp from
him one week previous for $l1. AIT
er working on it for ten or fifteen
minutes Newman broke the Chin
ney and went to his home TO get an
other. Mrs. Frazer testified.
The exact time that Newman came
to her house for the first time that
evening was never developed despite
strenuous efforts on the part OF the
prosecution Mrs. Frazer maintained
| that she did not remember but pe-
Iieved that the first trip was MADE
after supper and shortly before dark.
She would make no statement re-
garding the time of tho second Trip
Miss Beatrice Frazer, 13-year- old
daughter of Mrs. Frazer. next took
the stand and testified that she re-
membered distinctly the day New
man visited her house.
Mrs. Newman Testifies.
Mrs Porter Newman. wife of the
defendant. took the stand shortly
after the noon recess and stated that
her husband made the first trip to
Mrs. Frazer's home just before dark
and that he went back some time
later and got back home at about
8 o'clock.
Rev. ]. S. Blackburn. pastor OF the
Acipco Methodist church. took the
stand next and testified that he had
known Newman for three years, and
that he knew him to be man of
splendid character.
Albert Reese. secretary OF the
Scottish Rite consistory here, stated
that he had known Newman since
1901, when he attended school with
him in Fayette county, and that he
had met him often in Masonic circles
in Birmingham and knew him to be
man of splendid character.
N. T. overall. bailiff in Judge III. p.
Helms division of the criminal
court, in which the trial Is being
held, was also called to the stand
and testified as to the character OF
the defendant.
Several other character witnesses
were called to the stand who simply
stated that they knew Newman to
be a man of splendid character.
Vassar L. Allen. who IL defending
Newman, assisted by George Frey
stated that Newman will take the
stand Saturday morning and that
they will close their case with him
The state closed it's case Friday
morning. From indications the case
will reach the hands Of the jury by
noon.
Jim Davis. county solicitor. IL
heading the prosecution. with Johr
p. Mccoy assisting.