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IS ASKED MISTRIAL SECOND SESSION AS OF TRIAL IS STARTED
Court Rules Auditors Can Give Facts Of Personal Knowledge Only; Affairs Of Bank Are Aired In Testimony
State attorneys asked mistrial the case King shortly after p.m.
Trial of Sam C. King, was delayed when the afternoon session opened Thursday while attorneys checked the eligibility of Frank Vance, juror, to sit on the case. The state informed Judge John McCoy that Vance owed the Bank of Ensley $350 and that his Mrs. Alice Pearson, was at one time employed King secretary. Mrs. Vance when called at her home said she did not know whether her sister was ever employed as secretary had worked objection the Bank Ensley. questions of the state to put State's Attorney Jim Long Foot. 1225 Bush blvd., examiner the state would mistrial for the state banking department information he has found former auditor the AmeriTrust Savings With more than merged with the First National still due depositors and other creditors of the Bank of Ensley The state was attempting to in cash hand, have Foot testify to the legal Lockhart, receiver for the reserve the bank, when the bank, testified. fense objected the introduction of records unless Foot made King is charged with receiving the records deposits, while knowing the bank Foot told the court the records failing condition were made asistants working Lockhart's testimony was the under him. Judge McCoy ruled highlight the morning session Foot must keep his own of court, which was sonal knowledge. Foot said he the rapid of the trial, not know anything concerning expected to one of the longest the lega, reserve personally. and most bitterly fought in the Shortage In 1926 county's history. Gray Tate, assisting the state, Lockhart also testified that he had Foot some taken been able collect only (TURN PAGE
000 in cash from notes due the bank, and had offset an additional $90,000.
Defense Wins Point.
The defense won the first important legal point in the when Judge McCoy, presiding over the trial, ruled auditors could testify only to facts established by themselves and could not testify concerning information obtained other auditors under their The morning was also marked heated controversy between Roderick of defense counsel and Long, assistant solicitor is acting chief prosecutor. Heated Exchange. heated exchange between torneys occurred after Judge McCoy had declared recess about o'clock. Assistant Solicitor Long objected to the presence of Charles Denegre, attorney, in the courtroom. He attempted to have him sworn witness and excluded from the room. Beddow, defense attorney, objected unless Long really intended using Denegre in his case. Judge McCoy sustained Beddow, but until the had rowed. Long told the court, his objection to because he sat near the jury continually whispered King and defense counsel. did not like his courtroom attitude, Long said. He also said Denegre fense counsel in selection of the jury.
Denies Connection Beddow denied Denegre was connected with the defense and free born American had right the courtroom. Some men would resent Long's remarks. don't think what he said had any right to said in this courtroom. right, let him resent and sic him on Long retorted. come on now. get out of this tommyrot, Judge called Beddow said. minute gentlemen can settle the judge said. you intend to Denegre he asked Long. Long said. "Then he right be the courtroom,' the judged plied. The defense scored point prior to the recess when the
