Birmingham state herald., 1896-09-02
IN THE HAUNTS Of JUSTICE Prosecution Rests in the FoWIer-
 Greene Case. WHAT DEFENSE BROUGHTOUT Sheriff O'Brien and Other 0fficers-Elect As- Sume Charge-Mr. Swope Appointed
 Janitor-LiSt of Grand Jurors.

lISSS pGIOte tiic SOuiI yesterday morning Judge Feagin, at 10:2o o'clock, instructed the clerk to call the adjourned hearing of testimony in the R. II. Fowler case.
 Officer A. D. Brown.
 The first witness called was Officer A. D. Brown of the police force. He testi- fled as to the finding of the bullet and the general appearance of the room.
 Officer Culpepper.
 Officer Culpepper testified as to con- tents of letter signed by J. w. Worthing- ton & Co. in reference to securing a pass for Fowler and Greene to Chicago to get She last named out of the country.
 Chief Mcdonald.
 The next witness was Chief Mcdonald. He stated that every effort was being made to find the letters which were men ,ioned by witnesses and himself at the first days hearing of the case.
 The defense admitted that they were satisfied that every effort had been made to find the letters. The prosecution was anxious to have them produced.
 Cross-examination - Chief Mcdonald when questioned as to witness Hattie Collar said the woman once conducted a house of prostitution. The chief also saw defendant shortly after he was arr rested. Did not remember whether hand of defendant was bleeding or not at that time. The state here rested.
 The defense then placed it's first wit ness on the stand.
 Oscar Jones.
 oscar Jones was called and said: I have known Greene three or four years. l saw him in the city before this shoot ing occurred He was exhibiting some features of strength in the Bell Top sa- loon. It took three or four men to hold him in the saloon in an exhibition. Greene Is supposed to be the strongest man around Ishkooda from his waist up. In his knees he was weak on account of hav- ing some kind of swelling in his legs. He was the strongest man 1 ever saw for his . size
 Cross-exa xamination-Greene had been sick for a long time.
 Mrs. M, A. Smith.
 Mrs. M. A. Smith said: I live on Eff teenth street, between Avenues F and G. l live two doors from Mrs. Duncan. l saw Mr. Greene on Mrs. Wright's veran- da on August Il. He was rapping on the door, He asked me if Mrs. Fowler was at home, and he inquired where they had moved. l told him to go to Mrs. Duncan, and he could get some informa tion. He said he was good friend of Fowler's. It was in the afternoon.
 Officer Newman.
 Officer Newman was recalled by the de- fense. He testified as to the room into which Greene was carried after being shot
 I noticed the blood on the hip. No one made an examination as far as 1 saw until some time later. Greene was car ried into the room immediately after they were separated. Greene was in the room a minute before the light was lit. l did not notice any wound on Fowler's hand. Fowler stepped into his own room to get his coat.
 Mrs. J. T. Boone.
 The next witness called was Mrs. J. T. Boone. She said: I live in Birmingham at the Louisville hotel. l was there on the 7th of August. l know MT. Greene when I see him. I know MT. Fowler MT. Greene roomed in No. 19 in the hotel the night of the shooting. l heard con- versation between Greene and Fowler. Greene said "blow out the light, c-ose the door and lock it." MT. Fowler went out of the room and heard MT. Greene say: q will get even with that fellow" MT. Fowler went back to the room with the second glass of water and few sec- onds later heard the shooting. l was in Mrs. Fowler's room when the shooting took place. Cross -examined-Mr. Greene's room is in the second hall and the toilet room is in the first hall. I heard MT. Greene say "blow out the light, close the door and lock it." Mr. Fowler said "all right" did not hear any conversation about a glass of water. The lamp was still burn ing when l went by the room after the conversation. Greene was in his shirt sleeves when I went by. No one was in Mrs. Fowlers room except herself. MT. Fowler came in and said he wanted an- other glass of water for MT. Greene. I saw him get the water. He was in his shirt sleeves. He did not get pistol while getting the water. If he had had a pistol l could have seen it. did not see a pistol. I cannot swear that he had a pistol about his person. l saw no pistol in his hands. It was only few seconds before the shooting occurred. There were two shots. The shots were in suc- cession, one right after the other. His wife ran and I started after her. Some one said keep out of the hall," and l stepped out on the porch. I did not see any of the scuffie and I cannot tell whether the shooting took place in the hall or in the room. l have known Fow- Ter six weeks. I was married in Thorn ton, Tex. I have been married eight years. I told Mrs. Fowler a few days after the shooting of the conversation had overheard. I saw no pistol that night at all. I heard no one cry out for help. I heard no one say some one take that gun"
 Redirect-I have been sick and had to get out of bed to come to court I am very nervous. I did not hear any con- versation in the hall during the trouble.
 D. White.
 MT. D. White said: I live at the Louis- vile hotel, and am the proprietor there. l was out on the front gallery when the difficulty occurred. Mrs. White had not been away from me for twenty minutes before the shooting.
 Cross -eXamination-I am proprietor of the Louisville hotel. CHere witness was shown a diagram of the floor of the build ing on which the shooting occur-ed.) Wit ness gave his idea of distance from the toilet and bath rooms from the bed on which Greene had lain down. Resum- ing, he said: heard very distinctly the pistol shots. There were two shots. Fowler rented the room for Greene.
 On account of the absence of witnesses court adjourned until 930 o'clock this morning.
 At the Court House.
 An unusually large crowd gathered around the sheriff's office yesterday manning to uitness tho forn,al indllc.