Birmingham age-herald., 1894-08-03
ARGUMENTS BEGUN In the Preliminary Trial of Striking
 Miners, CHARGED WITH MURDER Proving AlibiS for Two of the Prisoners Attempted by
 the Defense.
WITH MURDER
CHARGED

The trial of the six miners, charged with being participants in the riot at Pratt mines in which B. w. Titrce, one of the guards, was killed on July Is, will prob ably end today.
 The taking of evidence was ended few minutes after o'clock yesterday after- noon and immediately thereafter argu- ments were begun. Solicitor Little an-C nounced that the state was willing to sub init the cases without argument. The de- fense were not apparently willing to this, Colonel Altman, for the defense, demand ing to know upon what evidence the prose- cution hoped for a conviction.
 Solicitor Little thereupon stated that as he had to go to Walker county this morn ing he would hegin on his argument and finish by night and let Mir. Salisbury make the closing speech for the state.
 For the defense, Colonel Altman and Judge B. M. Allen will speak, and proba- ply one of the other attorneys.
 When court was called to order yesterday morning,
 BEN GAYLE, coLoRED,
 took the stand and said: "I don't know where was on July IS. ] was on sec tion on the Ensley City railroad when the
  the crowd coming from towards the creek. When 1 heard the shooting l broke and ran. The crowd came up the railroad toward the furnaces. didn't recognize anybody in the crowd"
 EUGENE ALLEN. "I know Bill Brock. don't know where he was during the meeting. know the Frenchman who was shot, He was at the meeting and went with the crowd. He had a Winchester.
 The witness was asked if any of the men blackened their faces before getting to the mines. Tho defense objected 10 the ques- tion on the ground that the witness had declined to answer the same question the day before. The point was argued by Judge Allen and Colonel Altman for the defense and MT. Salisbury and Solicitor Ferguson for the prosecution. Witness was allowed to answer the question if he wanted to. He declined to answer it.
 Solicitor Ferguson stated there was no evidence connecting Dan Marshall, Jack Koebuck, Lee Lewis and Isaiah Nelson with the shooting and asked that the cases l against them be mol pressed. Tho idea seems to prevail that these four men and the other two who had been in jail since Tuesday were ringleaders in the mob who fired upon the miners, but this is a mis- E take, the prosecution never claiming that they were leaders.
 The state here rested.
 The first witness put on the stand by the defense was
 BEN ROBINSON, CoLoRED. He said: t.I was arrested as one of the defendants in this case. l was put in jail the day after the shooting. was at the meeting on Village creek. saw Smith Houston, but don't remember seeing Frank Jones. l never heard Smith Hous- | ton take any part in the meeting. l didn't see him vote. Smith Houston, myself and l others were together in one corner of the 1aft yNan t1,a 1xa up and went home to Coketon, i'll Pratt l City. He had no weapon of any kind. | know Penny Scott. I have heard he was a convict.'
 Cross examination: ''I was out on the | strike and had been since April IA. 1 got | to the meeting about 3 o'clock. was de- l layed on account of giving out rations that morning. Smith Houston got there after did. don't know whether Kelso called the meeting to order or not. l heard Kelso say something, but didn't know what it was. There were several people between Smith Houston and myself. didn't hear anyone say anything about capturing the negro miners. got back to Pratt City about o'clock. saw part of the crowd that went off to capture the working min- CTS. don't know Bill Brock, the French man Bonoit or the Frenchman who was shot. l didn't see anybody try to compel any one to go. 1 saw the crowd divide, but didn't know what they divided for. l
 
 about rations at the meeting or not. have known John Kelso sometime. 1 heard Kelso say something, but the only thing understood was that not man would be hurt.' Saw pickets, with guns, put out. Don't know why the pickets were put out. heard Adam Powers make speech, but didn t understand anything he said. They didn't give out any money or provisions at the meeting that know of.'
 MIKE SULLIVAN.
 .sI live at Pratt City. l know Smith Houston. I remember the shooting at Pratt Mines July 15. I saw Smith Hous- ton in front of my bar at the time the re- port came that the working miners were being killed. Don't know how long he had been there.''
 Cross -exami natiou-'sA man came in our bar and said there was riot at No. 6. l was not on a strike, but have been miner. am in the whisky business.o
 ISAIAH NELSON, CoLoRED.
 "July 16 attended a meeting of the miners on Village creek. Smith Houston and myeelf left the meeting together and went to Pratts. He had no pistol or gun. Smith Houston took 10 part in the meet ing. l did not see Frank Jones. l had been sitting in front of Odom's store about half an hour when we heard of the shoot ing" Cross examination: "Bsn Robinson and myself were about 20 feet from the crowd at the meeting. Mir. Kelso presided and heard him talk, but couldn't understand anything he said. Smith Houston was 30 or 40 feet from me. saw the men rise up and sit down, but don t know if they were voting. l left the meeting about 4:30. Smith Houston, Dan Marshall and others were with me. The usual meeting place of ,,,s, l..rs ht rsl hnoh haau a