Birmingham age-herald., 1895-09-22
TWO THOUSAND DOLLARS
The Amount of Bail Required of
 Mrs. Howe.
END OF THE PRELIMINARY
Investigation Before Justice Benners- Show ings of Absent Witnesses Ruled
 Out By the Coart.

Held in the sum of 5000 was the yer dict of Justice l. H. ,Benners shortly after noon yesterday, in the case of Mrs Laura Howe, charged with the death Of her stepson, Tommie Howe. in Jones' vile a short time ago. s.
 The taking of testimony closed at 1215 o'clock and shortly thereafter the yer dict was rendered.
 When court was called yesterday morning Mesdames Nnnn and Freeman, who were absent Friday, showed up and the showing introduced by the de fense, printed in yesterdays Age-Iierald, as far as it related to these witnesses was ruled out. The defense objected to the ruling, but without avail. Attorney Allen refused to withdraw the showing but the court held to its decision.
 Jennie Lind who was also summoned by the defense. appeared. proved' to be the wrong person and was dismissed,
 w H. Doyle.
 The first witness called was w. H. Doyle. for the defense. He knew the de- fendant, but knew nothing of the death of Tommie Howe.
 Dr. w. E. B. Davis.
 The next witness called was Dr. w F. R. Davis. Witness stated his name and occupation, and said he was slightly ac- quainted with the defendant. She was at the infirmary and operations were per formed on her Her condition was such as to some times make her irritable
 l gave a death certificate for deceased on information of his father. When I called on Mrs. Howe she called my at tention to the child. I found it had the measles and they had settled in it's bow els When MT Howe came for the cer- tificate he said no physician had attend nh nd I totn FlA fnf |, did not say the child had died from any but natural causes. A child having such disease as deceased was liable to die at any time from any little excitement It might have died at any time on account of the illness.
 Cross tion--Tt was in JI1ne that Twas called to the Howe house and it was then that I saw the child The child had a fatal disease I could not calculate the exact date the child would have died unless I had been in charge personally. 1 would not state that a child with the disease the Howe child had would die in two or three months or In any limited time, Anything that would exhaust the child might have caused it's death. Any sort of punishment on that child might have precipitated death. A small child thrown over a ban ister ' or feet high might have been killed The fall in combination with the condition of the child, might have pro- duced death. From what I have heard and read believe the child died from the disease and it might have been precipi- tated by physical violence. The report of the post mortem does not show that the violence inflicted would have killed a child in normal condition.
 Rebuttal-I cannot say that the child would have died on any particular date. If the child was picked up dead after a fall would say the fall was the exciting or immediate cause. If the child was in the usual condition in the morning would say if it was picked up and died in a few minutes, as it did there was an exciting or immediate cause.
 The defense here closed. as the defend- ant was not put on the stand.
 Mrs O. w. Freeman.
 The state called Mrs. Freeman who testified as follows: I am a neighbor of the Howe family. I went to the house on the morning of the child's death. Harry Howe came after me He said the child fell off a porch and killed itself. I went over to the Howe house right away Mrs Howe asked me out of the room and told me to sit down outside. ] sat down near where the child was being washed I noticed a fresh bruise on the side of the child's neck. I saw lots of other bruises on the child's back I told the other ladies of the childs condition as they arrived. While I was showing the child Mrs. Howe came in and said do not let MT. Howe see 1t.
 Cross-examination-I had no conver- sation with Ellen Moore. She said some- thing about the children whipping the baby It was my duty to find out about the baby. I could not believe that the little boys had whipped the baby. Harry told me the child fell off the porch.
 This closed the taking of testimony and Solicitor Little spoke few minutes. after which Attorney Allen made a strong ar gument for his client. The court then rendered it's verdict.