Birmingham age-herald., 1895-09-21

UII fresh Had it been three or four days old it would have disclosed pus or mat ter.
 Rebuttal-There would not have been any evidence of shock visible. Ellen Moore.
 The negress, Ellen Moore who was ar rested at the same time Mrs. Laura Howe was, and who was released by or der of the coroner was next put on the stand. Her testimony was almost the same as previously given, save the fact that this time while being cross-exam- ined she proved to be a hard witness to handle, going over the same ground re- peatedly and steadfastly refusing to give positive answers as to hours. She said Mrs. Howe, or Miss Laura, as she called her, treated the children very badly, with emphasis on the two last words. She related what she knew of the death of the child but she knew nothing save what Mrs. Howe called her to see when she first whipped, then beat the chid's head and back on the floor She repeated once or twice that she d1d not see the child thrown over the ban isters.
 ross-examinati tion-Was turned out of jail after she had been before the juries at the court house. Was positive that Mrs. Howe called her to see how she had done the child. Saw Mrs. Howe beating the chld's head and back against the floor and the little one was repeatedly saying oh" Was in the kitchen when Mrs. Howe first began beating the child. She whipped the child with switches and it was as naked at a jay bird" CThis re- mark caused laughter which was promptly suppreSsed.)
 Miss Laura told me they was going to hold conquest over de child, and not to say anything to anybody. l told the folks that asked me that Miss Laura said the child fell out the door,
 The child did not fall on the floor I did not whip the children while Mrs. Howe was in the infirmary. Did not see MT. Howe whip the children. Never told a woman in the city jail they had her there for killing a child and she was go- ing to swear herself out of it. Did not see the child thrown over the banisters. The ground was hard.
 Here Attorney Allen tried to make the witness acknowledge she had lied to some of the people about how the child died, but she stoutly refused to commit her self. He also tried to make her designate the length of time between MT Howe's departure and the death of the child, but without success.
 Witness said she told Mrs. McClosky and Mrs Carter what she claimed Mrs. Howe told her to say i. e., the children whipped the child. Told Emma Thorn ton about the child.
 Rebuttal-I gave MT. Howe his break fast before the child was whipped.
 Mrs. James A Hughes.
 The next witness introduced was Mrs. James A. Hughes. She said in substances: l live in Jonesvile. Was sent for the day of the death of the child. Johnn e came for me about o'clock, saying his mamma sent for me to come right away. I went between and o'clock My mother went with Johnnie. Ellen Moore told me the child fell out the door, When l got there the child was being held by negro woman named Thornton. When 1t was laid out l raised it's covering and looked at it's back and saw bruises. Mrs. Howe came up and said,,"Dont do that Mrs. Howe told me the child fell right down on the floor but did not know what made the hole in its head
 Cross-examination--Jo came ;lf- ter me before o'clock, think. I went between and 9 o'clock. He said he wanted me to come, as his brother was dead. He told me he woke up and found his brother dead. Johnnie looked scared. The child was in a negro womans lap when I got there. Her name is Thorn ton, Ellen told me the child fell entirely off the porch. She did not say she saw it fall My first information as to the childs being killed was after the funeral.
 MT. J. w. Laird grandfather or the child. was introduced and asked as to the height of the banisters from the top to the ground. He said he measured it and it was feet inches.
 Defendants Showing
 Attorney Allen then offered in evidence the papers sworn to before Notary Pub lie Blair.
 They were read as follows:
 The defendant expects to prove by Mrs. Hattie Nunn, who is now at Albertsville, Blount county, Ala, or in Jonesville, anG who is not absent with, the consent or by procurement of the defendant, that wit ness was a neighbor of defendant and lived within about a block of her for about thirteen months; that witness was frequently at defendants house and knew how defendant treated the chill dren, including the deceased; that de- fendant always treated them kindly and never mstreated them, and seemed pecially fond of the deceased, and that this knowledge continued up to the time of the death of the child; that she knew the defendant was sick in June, 1895, and has been treated in Drs. Davis infirmary and was in feeble health until August, 1895; that while defendant was in the in- firmary the negro woman Ellen Moore, whipped with leather strap the three elder children and the deceased with switches and assaulted and beat the de- ceased that in June, 1895, at witness house the oldest boy, Fred Howe. and Harry and Johnnie Howe each told her the above facts; that the husband of de- fendant told witness that he had put the
 
 and control of his house and children while defendant was in the 'infirmary and had authorized her to whip the children; that she knew the child, Tommie Howe who was Sh years old. was very deli cate and sickly child and that he was very liable to die from disease
 The defendant expects to prove by Miss Allie Henry, who is not absent by the consent or procurement of defendant and who lives at Jonesville. Ala. that she knows the defendant and has known her since defendant moved to Jonesville and has been near neighbor since last March. That she was familiar with the manner in which defendant treated her stepchildren, and that such treat ment was kind and humane That on the morning of the death of Tommie Howe she went to the house about one hour after his death and that she heard Ellen Moore and Harry Howe each say to her how the child came to his death. and that they each said to her that the child fell fiat on its back on the back porch. near the kitchen door, and that at tbe time the defendant was in her room and not on the porch at all and that de- fendant came out and picked the child nd hot iad a faxxy