From Days Gone By March 28,1925

 March 28,1925.

    Johnson Superior Court reconvened Monday with Judge R. Earl Camp. The courthouse was packed. C. G. Rawlings came in with son Willie Fred Rawlings and his council.

    Following the short trial of a whiskey case, Solicitor Kea called Rawlings-Tanner case and after calling witnesses the State announced ready, whereupon the defense asked who they would try first. Judge Kent replied Tanner would be on trial first and announced ready. Judge Camp ordered 48 jurors called. The case started at 10:45 am.

    Five jurors were secured by the noon hour, Wiley Riner, Ellie Foskey, J. J. Harrison, E. A. Willis and M. O. Hutchinson out of 36 called. Following the recess the rest of the jury was called including G. C. Reese, L. D. Lindsey, J. C. Renfroe, N. L. Mimbs, Cleon Norris, T. W. Belote and L. B. Smith.

    The first witness was Lewis Stephens, the negro hole digger. Mrs. T. I. Young testified of her reaching the body and how it was taken from the scene to the home. J. D. Bush, local undertaker told of finding powder stains on the back of Tarbutton's head. Noah Covington testified being at the spring between the two high bluffs and seeing Tanner throw the gun to his shoulder and fire the load into the back of Tarbutton's head and how he got away from the scene.

    Timberman James C. Alexander told of going there and finding the three men just 15 minutes prior to the shot. Court adjourned about 7pm and reconvened at 9 Tuesday morning. The jury was under guard all night and Rawlings locked in jail.

    The State called Grady Cox, W. E. Price, Rube Bray and Mell Brantley who testified as to different angles of the case. Thos. J. Peters, agent for Southern States Life Ins. swore his company had $150,000 on Tarbutton's life, $40,000 was double indemnity and Rawlings paid the premiums. C. M. Adams, agent of Prudential had a $50,000 double indemnity and Tarbutton & Rawlings beneficiaries. Dr. Eugene Harris, Dr. Herschel Rhinehart and Ben A. Hooks testified about the bauxite connections. The State concluded about 4pm.

    The defense started with impeachment testimony as to Claud L. Brown who said Tanner came to him saying that Rawlings wanted Tanner to do something that would mean a good deal of money to him. Witness after witness was put on the stand to impeach Brown. Then the defense tried to impeach the only said-to-be eye witness to the homicide, Noah Covington. This brought so much amusement the Judge threatened to clear the court room. Three Emanual Co. Ex-Sheriffs testified, Otis Coleman, S. S. Moore and Coursey. T. J. Burke and Geo. Snell of Scott said they wouldn't believe Noah. The court recessed for the night.

   Wednesday morning, one witness, Mrs. Silas Fortner died during the night and her testimony was read into the record. The defense continued attacking Covington's testimony with statements that Noah was elsewhere Feb. 17th. Sidney F. Smith, Herman Smith, Olin Kindon and Tom Layton testified Noah wasn't there.

    E. A. Douglas, Surveyor, Tom E. Jenkins and E. O. Snell testified as to making a survey and plat of the homicide scene. The defense went on yesterday evening with other testimony. The whole of tomorrow will likely be consumed by the trial.