Birmingham age-herald., 1895-09-21
MRS. LAURA HOWE ON TRIAL Preliminary Hearing Before Jus
 tiCe Benners. CONTINUANCE ASKED FOR By the Defense Because of the Absence ot
 Witnesses. REQUEST DENIED AND THE TRIAL BEGINS Testimony of State Witnesses Unchanged. Rigid oss-Examinations-Sho ings of Absent Witnesses
 for the Defense.
CONTINUANCE ASKED FOR
REQUEST DENIED AND THE TRIAL BEGINS

The preliminary trial of Mrs. Laura Howe, charged with the death of her 3ls-year-old stepson, Tommie Howe, at Jonesville, was begun yesterday morning before Justice l. H. Benners. The state was represented by Solicitor James II. Little and B. M. Alien, Esq. represented the defendant.
 The defendant appeared in court in the same garb which she wore at the cor oners inquest, with a drab veil over her face, hiding her features. She seemed perfectly composed, and whenever she eonversed with her attorney appeared to have full control of herself
 A call of witnesses was ordered and the state answered ready, but Attorney Allen wanted a postponement because of the absence of three, as he termed them, very material witnesses for his client. Justice Benners declined to further postpone the case. MT. Allen then asked to be allowed to show what he would prove by the ab- sent witnesses This was granted and he and his client went before Notary Blair and made affidavit. which appears else where in the account of the proceedings.
 The witnesses present were then put under the rule after being sworn, and the first witness, Fred Howe, eldest brother Ol tHe uecedSed, was Cdlleu HIS leStl- mony was virtually the same as that given before the coroner's jury.
 On crosS-eXamination he stated that his father and grandfat ther had talked with him about the death of his brother and they told how he should swear in court.
 An adjournment was then taken until p. m., on account of the noon hour hav- ing arrived.
 Afternoon Session.
 It was 2:15 o'clock before the defend ant appeared and then Justice Benners called the court to order A large crowd of male and female spectators had gath cred, mostly white, all seemingly anx- ious to hear the testimony.
 The first witness called was
 Johnnie Howe.
 a mite of boy. Attorney Allen object ad to his testimony, holding him to be incompetent. The court overruled the objection. He gave his age as years, but did not know in what year he was born. He was as bright as the usual lad of his age and testified readily and with out coaching. When asked what was meant by swearing he replied "Curs- ing" He said those who told stories would go to the bad man, who would burn them. He then related what he knew. He told of what occurred the morning of the death of his brother Tommie and it corroborated what he stated before the coroner. He told of taking off his brothers diaper and of his and his stepmother's actions and of the stick episode as previously printed in the AgeHerald. He said the little fellow caught the stick the second time it was inserted in his mouth and his stepmoth- CT forced it into his throat, causing blood to appear. Then he told of the bump ing and final throwing of the child over the banisters to the ground below and the subsequent death of the child. He repeated his stepmother's caution to him to say nothing of her punishment f)f the child.
 Cross s-examination-Father told me the other day what to say and how to swear. At the first court father told me what to say. Grandpa told me what to say at this trial. Father told us four times what to say. Heawent over it with us one time Father did not tell us if we said what he told us she (Mrs. Howe) would be punished for her cruelty to us and Tommie. Father told us to tell the truth. Grandpa first told us what to swear
 Rebuttal-Gandpa told me this morn ing to tell the truth I told my pa and grandpa how she (Mrs. Howe) treated Tommie before they said anything to me. l told them how she treated Tommie, but it was after he was dead She killed him on Friday Brother heard me tell about the killing. Father told me to tell all I knew.
 Harry Howe Recalled.
 Harry Howe was recalled and in re- direct testimony said: Grandpa told me this morning to tell the truth about ev- erything. told pa and grandpa about the killing after we came back from the funeral This was before they told me to tell the truth. Nobody has asked me what said in court. Papa and grandpa told me this morning to tell what I said before the coroner.
 Dr. Gillespie.
 Dr. Gillespie was put on the stand and asked as to what he discovered at the autopsy. He, with the assistance of other physicians, made an examination of the corpse. Found a bruise the head, arm and back Opened the brain, but found nothing wrong there. Found that the child had tuberculosis of the bowels. This would have caused death ultimate ly, but not suddenly There was bruise on the arm about the size of my hand. and bruises on the back. From the au- topsy my opinion is the childs death was probably hastened by the treatment re- ceived. This I inferred from the marks on the child.
 Mr. Laird, grandfather of deceased, was here called by the states attorney and asked as to the height of the top of the banisters from the ground. He said it was feet 9 inches, actual measure l ment.
 Dr. Gillespie then continued and said healthy child thrown that distance | could receive a shock sufficiently strong | to produce death. The deceased was | very delicate. My hypothesis was that | the punishment received, as indicated, | caused the chiids death. |
 oss-examination-The investigation | revealed bruises. It showed not ord- l nary switching. but extraordinary switching. There was no internal ,evi- | dence of external injury sufficient to | cause death. There was nothing in the | organs indicating violence. It is possi- | ble that child thrown feet or more | would show some indications. found no | such indicati save the bruse on the | head. The epiderRais was slightly broken. | It could have been caused by a fall on the | If-did u0f indica fa coufinua uad L. |