Birmingham age-herald., 1894-08-02
THE DIABOLIC PLOT To Kill "Blacklegs" Hatohed and
 Carried Out
UNDER THE LEAD OF KELs0,
So Say the Witnesses Thus Far in the Preliminary of Rioters
 Now in Process.

Dan Marshall, Isaiah Nielsen, Jack Roe buck, F. c. Jones and Lee Lewis, charged with the murder of B. ". Fierce at Pratt mines, July l6, was resumed yesterday morning.
 Only few witnesses were examined, the attorneys consuming more time in urging objections and arguing different questions sprung during the day than in interrogat- ing the witnesses.
 Three of the witnesses on the stand dur ing the day were important, in view of the fact that they claim to have been at the now famed meeting on Village creek where the plot to murder the negro miners was matched.
 When court convened at 9:30 o'clock Judge Allen, for the defense, stated that witnesses were present in cases set for trial yesterday and suggested that they be ex- cused from attendance on court until the cases can be reached. The witnesses were discharged until further notice.
 The case against Charlie Cain, colored, was nole pressed at the suggestion of the prosecution.
 Several witnesses who were absent the day before were called and sworn.
 The first witness called was
 E. B. M'oAA.
 He said: "I was at slope No. 5, Pratt mines, July Is: was present when B. w. Fierce died. He was shot; don't know how many times. He lived about fifteen minutes after being shot. The wound was in the breast. The shooting occurred about o'clock, between slopes No. and 4. There were between fifty and 100 men in the crowd, as well as 1 could judge. All some white men with their faces blacked; one of them, a Frenchman, who was shot, saw. They came from and went off to- wards the north. l was about 40 feet from Tierce when he was shot. l saw the crowd when the shooting was done. Can't say who shot Fierce, but the shot came from the. mob. l heard shooting at Ensley crossing before the shooting referred to above. The crowd was on the north side of the road. All the party seemed to have guns-some shotguns and some rifles. We began shooting and the mob ran off. No body else was killed at or about the time Tierce was, so far as know.'
 Cross- examination: "I was between slopes Nos. and 5 when the shooting be- gan. When we got to slope No. we saw t.e negroes coming in a run. MT. Moore ordered the engine and tender cut loose from the train, and we went on towards Ensley. Fierce and myself had left the en- zine and gone 200 or 300 yards when he was shot. He was shot on the hill west of Ensley and not at slope No. 3. saw two or three men Tn lal1 WnOlu l T6CORuIZeu dS being in the mob. One of them is French man, whose name I do not know. One other knew by his peculiar form. The mob was between sixty and eighty yards from us retreating. They had on work clothes. The tall man had on a light suit of clothes. To the best of my knowledge he is the same that saw in the mob. l couldn't say that all the mob were armed. They were shooting at the engine when 1 first saw them. That was about half a mile from slope No. 8. The shooting lasted about five minutes. Pm deputy sheriff and have been on guard at the mines the past three months.'
 The witness was asked by whom he was employed and paid, and under whose or- deTs he was when the shooting occurred. Objections by the state were sustained. 5The latter question was discussed by the defense and the court allowed 1t to be an- swered.
 Witness: "Mr. McArthur was in charge of the deputies on the train. l heard no other shooting but that was in. It was little after o'clock, l think, when l was awakened to go 10 the engine. Fierce and the other deputies were shooting at the mob when the former was shot.'
 Redirect: "The mob was shooting at the engine before we shot at them. Bill Brock was the tall man whom recognized. He's in jail now. The wounded French man was shooting at tue deputies when he was shot.'
 ALBERT STAMFORD.
 stOn the evening of July 16 I was at En- sley. Twas opposite the Ensley commits sary when the shooting occurred. During the shooting l saw two men fall-Mr. Tierce and the Frenchman who is in jail. l was in the crowd of deputies. l saw men running off in different directions. Fierce was shot by some member of the mob."
 Cross accumulation: ''I was on the en- zine. The sh ooting began as the engine was stopping. don't think l saw over thought at the time some of them were white. l only saw about half dozen men with guns. There were houses near the mob, occupied by people who work at the furnaces. There were about twenty five houses. The mob were standing around among the houses. The deputies began firing before the engine stopped. The mob and the deputies began firing about the same instant.'
 PENNY SCOTT, CoLoRED.
 tsOn July 16, about 9 o'clock, l was at home. l was at meeting on Village creek. They bad up notices of the meet ing. MT. kelso presided. When l got there they were talking about what they would do with the blacklegs and said mo- body should leave the meeting. They said they would shoot any one down who tried to leave. Mir. Kelso said he would allow nobody out of the meeting; that he Lad out guards who would shoot them down. H. said the miners had got about all the assistance they could from the citizens and they should do something that evening. Adam Powell said they must not violate the law. MT. Kelso said for all who had guns to go home and get them. When they were ready to start some didn't want to go. nau named Hudson said: 'There