Birmingham state herald., 1895-12-21
First Steps Begun in Officer By
 ss~ arS' Case.
ADJOURNED UNTIL TODAY
Witness Annie Simms Says Lizzie Dur Was Not on the Car When Shot-The
 Rebuttal.

is charged with the murder of Lizzie Durr, negro girl, on the morning of the 18th instant.
 The girl was stealing coal near the gas house on Thirteenth street, and Of ficer Byars claims that the killing re- suited from an accidental discharge of his pistol when the girl jumped on him from coal car.
 Justice Benners obtained permission to conduct the trial in the circuit court room, as his office on Twentieth street was too small to accommodate the large number of colored and white spectators who are interested in the result Of the preliminary hearing. There were great many negroes present, and they are deep ly interested in the case. They believe that they have suffered an outrage on their rights, notwithstanding the manl- fest regret of the officers of the law ana the earnest statement by Ofhcer Byars that the killing was purely an accident.
 All who were present yesterday could not be accommodated inside the circuit court room, and the door was guarded by the determined deputy sheriff, John Hewitt. The chairs on the left inside, however, were given to the darkies, and they listened quietly to the testimony of fered in the case.
 Byars sat inside the railing. He seemed keenly alive to his situation. He looked pale, but the gaze from his eyes was strong, and the handsome black mus tache dropped about a mouth that lndl- cated a nature entirely devoid Of the least trace of fear. He is about 40 years. old, but he wears his age well. He is handsome man. with an honest, open face and looks anything but a man who would willfully take the life of a negro girl. His attorneys Messrs. B. M. Allen, J. J. Altman and w. P. McCrossin, sat near him. Chief Mcdonald. Officer Joe Nix, Gus Ellard. Sergeant Donelson, Sheriff' Morrow and number of deputies were, also present. \
 Outside the court room the hall was crowded with negroes. Officer Will Ba1 ker was on duty and kept an aisle open in the mass of humanity. A State Her. aid reporter passed through on different occasions. Some of the negro men car ried canes and some of them were undep the influence of liquor. Such remarks were heard as: Have they let him, a-loose?r Have they discharged him?' ''Why don't they let us in there?" We ought to tear the doors off the hinges.'s But no acts of violence were attempted: It would have been dreadful scene had violence been offered.
 Attorneys Meade. Vaughan and Brown appeared for the prosecution. Attorney Brown is colored. but his skin is almost as white as a Caucasian's. He lately passed a brilliant examination before the
  tice in this. state. He did not examine the witnesses, t-took notes of the testimo-s ny and listened to the arguments of counsel.
 A list of witnesses was called, and they were sworn. Several of them were col ored witnesses for the prosecution.
 The first witness introduced by the prosecution was Annie Simms
 She swore that the girl, Lizzie Dur, came to her door on the morning of the Iyf1 ffATs ftaer how fhn txxrr went after the coal at the scene of the shooting. She said that she and de- ceased were not on the,car, but that they were picking up coal near it from the ground. She said officers came up. Officer Byars witness said was about 15 feet in advance of the two other men. She and deceased ran, said the witness, and Officer Byars called Halt! I'll stop this coal stealingi"
 They did not stop, she said, and Officer Byars fired. Officer Byars ran after her and caught her.
 Attorney B. M. Allen conducted the cross-examination. He esasked witness for testimony tending to show corrupt moral character. Objected to by Attorney Meade. and after a lengthy argument of counsel the objection was sustained by the court.
 Witness said on the croSs-examina tion that she had plead guilty in the inferior criminal court to the charge of stealing coal, and that she told the truth. She was fined $1, without costs. She said Off, cer McCulom and MT. Byron were in tha rear of Officer Byars. When asked how many people she had talked with about the case, she said Editor Harris, colored and Lawyer Meade. She denied having talked with the officers and a newspaper reporter at the police station.
 The witness was discharged by the de- fense, and the prosecution announced that they would rest the case.
 Officer McCullom was called for the de- fense. He stated that he and Officer By ars went to the coal cars together. When they approached they could discern fig ures on top Could not tell whether they were men or women. Officer Byars was in advance of him, and went towards the north end of the car on the west side. He (Oficer McCullom) took the direction got near the car the figures on top jumped like covey of birds. He heard Officer Byars call, Come down from there," and almost immediately when the figures jumped from the car he saw the flash of pistol and heard the report. woman ran east, and he pursued her. Officer Byars ran by him and captured the woman. Witness went back to the car and found the deceased dead. He met Officer Byars coming back and heard him ask the woman who it was that threw the coal on him, and she said it was boy. Witness told Officer Byars that he had shot the girl and defendant thought witness was "guying" him. To the best of his Knowledge and belief witt ness believed that deceased was one of the figures on the car. 4i.'
 Annie Simms plead guilty in the infe- rior criminal court to the charge of steai<- ing coal from Tennessee Coal Iron and Railroad company car. The charge was read to her i
 It was then 5 o'clock, and the court ad- journed until 9 o'clock today.
 The hall and court room were cleared of spectators and the prisoner was car-o ried back to jail underea heavy escort.ss
 WAR! WAR! Si
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