The Birmingham age-herald., 1923-05-30
Reviews In Detail Events Of Night When Doc'S- Was lured From Homl. Z Z Given Whipping In $ $ Near Mount Pinsor .yd
 SANITARY s GERS TELL OF TROUBLE WITH JACKS
Counsel For Defendant On Trial For Kidnapping Spend Hours In Cross Examination Going Over Every Feature Of Testimony

Connection of eight of the nine men indicted for the Kidnapping and flogging of Dr. J. D. Bowling, city and county health officer, by Charlie w. Tyson. confessed member of the band, marked the second day of the trial Tuesday of Ernest G. Jacks. G. st alleged member of the band to face trial on charges of Kidnapping. Jacks will later face trial on charges of as- sault with intent to murder in con- nection with the same offense.
 Severe attacks to impeach the tes- timony of Tyson occupied the after noon session when 19 character wit testified to the good reputation of Jacks. and practically all to the alleged bad general reputation of Tyson. Most of them stated Tysons reputation for truth and veracity was not good. All witnesses were sistant Solicitor John Mccoy. Name. Eight Men. c .
 Jacks, the man on trial, William M Yerby, Porter N. Newman, sam Cargo, Frank Ford. George C. Moore, Will Prosch and himself were said by Tyson to have formed the kid naping and flogging band, together with two men whom he did not know. G. c. Williams is the remaining man the confession of Tyson. An al legged tenth member of the band has not yet been named.
 The statement of Tyson is con- sIdered by the state as the second mine exploded under alleged perpe- Bowling, the first witness to take the stand Monday. identified voices of his captors as belonging to Jacks, Yerby, Moore and Williams.
 Testimony of Tyson for the state occupied from 9:43 to 10;15 o'clock. stand Tuesday morning. Questioned by Solicitor Davis. he said he knew Jacks. Will Prosch, W. M. Yerby and others among the men indicted. At the time of the flogging, he said, he was living with J. F. Ford. dairy man. near ketons;
 Jim Burgin. attorney with Judge Hugh Locke for Jacks, cross exam ined Tyson. Answering questions, he said he was 26. was born near the Georgia Alabama line. and had lived in the Terrant City neighborhood most of the time since he was small child. His first dairy work was at the Haigler dairy, he said, but he later worked at ? number of others. He said he worked for J. 0. left there when he ''got tired"
 The defense then attempted to prove by Tyson that he had been discharged from the United States army because of alleged mental in- capacity after three alleged attempts at desertion. The state again suc- cessfully objected.
 O O O
 Worked At Several Dsiries.
 After being discharged on Decem- Der 2, 1918, Tyson said he had worked at while at the Louisville and Nash number of dairymen. He named Jacks, Cargo, Brewster, V. L. Self and T. l.. Addeholt as among his dairy employers. Jacks and Ford were brothers-inlaw, he said, and their daires were located near each other. He had known them 10 or 12 years.
 They came to you, Jacks and Ford. and told you they were going to get doctor and take him out and beat him up, and wanted you for witness?" Burgin flashed at him.
 Tyson paused a few moments and then replied, "Yes, sir" in answer to repetition.
 !, are congratulating filih~ ofXamined tion as vice president of the or th. .zation of physicians and surgeons '"' he Alabama Power company. His | ,tion was made at meeting in LII mingham.
 4 TO LAY CORNERSTONE
 ith public ceremonies the corner re of Alba.o-'. Hi @.f.. school now in cis fe-s.e this took placer" ne was asked.
 Because I remember 1t was" Ty- son replied after a moment He was unable to give any reason for re- membering.
 "Who told you it was May l7?' he was next asked
 Nobody told me-" he replied. Nobody has been discussing the af- fair with me. Nobody told me it was May IT,"
 Tyson admitted talking it over next morning with Ford and Jacks.
 When was the first time you de- cided to correct the morals of the community" Burgin asked him sud- denly. Objections of ~the defense were sustained by JXge Steele.
 Under further questioning, he tes- tified he had been arrested by c. w. McPhail and R. E. Hunt, department of justice agents, at his work at Haigler's dairy near ketona. They brought him to McPhail,s office in the Federal building, he said. telling him nothing of the reason until that afternoon. There he saw City Detec- tive P. c. Cole for the first time. That piQht 10 WqS ramOVad 10 the