Birmingham state herald., 1896-09-03
COMES ID LIGHT, The Court Asks the State to
 Prove It. MUCH BEER IN EVIDENCE fowler's Preliminary Trial Drawing to Close. Stick of Dynamite Found in the Jail
 Basement.

| Basement. | The third day of the preliminary trial of R. H. Fowler, charged with an assault with intent to murder P. B. Greene, was entered into yesterday morning at 10 o'clock before Judge N. B. Feagin in the | inferior criminal court. Perhaps the most important feature of the days pro- l ceedings was the introduction of the let l ter which has figured so prominently in the testimony of number of the states witnesses. The attendance was notice- ably small, as compared with the pre- vious days.
 l Mrs. Bowman Duncan. | The first witness called was Mrs. Bow man Duncan, who testified as to Greene's | going to Fower's house and inquiring | for him previous to the shooting. J. L. Thompson. Mr. J. L. Thompson was next called, | and testified as to cut on the index fin- ger of one of FoWler'S hands and the l thumb. He said that one of Fowlers eyes looked a tttle blue. Bruce Kelly. MT. Bruce Kelly was next called. He | said: l know Fowler and Greene. | have known the latter four years. I re- | member the occasion when Greene was | shot. l was with both Greene and Fow- l Ter before the shooting. It was about | four or five days after Greene got back | from Chicago when he was shot. Greene asked me if I had seen Fowler. He asked | me if I had seen Mr. Carper. I showed him where Mr. Carper was, and Greene walked over to him. In the Bell Top Sa- | loon Greene said: Do you think Greene | is d-n fool? You watch Greene. know my points, and I'm going to get even." He said he wanted to see Fowler, | as he said he had money and would set | them up to beer. l cannot say whether Greene was angry with Fowler or not. l He did not seem to be mad with any one. | Greene was drinking considerab bly, on the | day of the night on which he was shot. | Greene said in the Bell Top that there | was no law in this state. MT. Greene had me summoned to a justice court. He | said it would not be tried in the inferior | criminal court
 Cross-examination-Is saw Greene drink eight or ten glasses of beer. Greene also drank a glass of gin. Fowler drank as much as we did. I asked Greene to go | home with me- I went part of the way with Greene to the Louisville hotel the | night he was shot. I stopped at the foot l of the steps. We stopped in the corner | saloon under the hotel and Fowler went l up stairs to get some money. 1 Redirect-I told MT. Fowler the same | day that Greene was shot that MT. Car per had said that Greene intended get | ting even, and that he (Fowler) had bet ter look out. Carper stated that Greene said he was going to get even With three | men in this place, and that he (Carper) 1 had gotten gun. MT. Fowler asked me l to stay with him on the day of the shoot | ing.
 Cross xamination-Carper told me | Greene said there were three men he | wanted to get even with, but stated that I Gor t,nt nnn nf Va l did not say J. w. Worthington had given | him a gun Carper did not say that Greene would get J. w. Worthington. | Wants Carper.
 The defense announced desire to have MT. Carper testify and requested that a | subpoena be issued for him. MT. Carper l lives at Champion. The subpoena was issued and deputy ordered to serve 1t.
 Chief Mcdonald Produces the Letter. | Chief Mcdonald was next called and stated that he had secured the letter for which he and his desk sergeant had been looking for some time.
 The letter was then produced and turn ed over to the prosecution. The letter | was offered by the prosecution as evi- | dence and reads as follows:
 Birmingham July 16, 1896. Mr. B. F. Dickson, Superintendent
 Evansville, Ind
 My Dear Dickson: Personal and con- fidential. This letter will be handed tC you by MT. R. H. Fowler, who has beer our detective on the strike of our ore miners that has been pretty serious fol the past fifteen days. Succeeded 1T breaking it up completely, and the lead CT, P. B. Green, very dangerous man he is carrying to Chicago. If you please if MT. Fowler applies to you, aid him in any way you can as to transportation and if he returns at any time to Evans vile will thank you to give him a pass | fo Pirpoipphan, Mir NayUho1d has cix pass for Fowler and Green to Evans. | vile. Of course Green knows nothing about this. The scheme we are working Is to get MT. Green out of this country though 1t is not our intention to unload him onto you. However, if he ever comes your way keep your eye on him, as he is | bad one. Yours truly,
 O. w. W)
 Attorney Allen for the defense objected to the admission of the letter as evidence stating that 1t was irrelevant and had nc connection with the case. He stated tha there was nothing criminal in its con tents and there was. no proof that it was written by MT. Worthington. He ques tioned the authenticity of the letter ant the court requested the states attorney: to speak on the subject.
 MT. Vaughan for the state said in his opinion the Identification of the letter had been proved. Witnesses had sworr l that FOWler naQ SnOWn them the letter saying it was from J. w. Worthingtor & Go.
 The court stated that he was not thor. oughly convinced as regards the au thenticity of the author and would allow the letter in evidence provided the state followed up and established the proof.
 Court then adjourned pending the ar. rival of MT. Carper and will reconvenf this morning at 9:30 o'clock.
 Other Cases Disposed of. | The following docket was disposed oi prior to entering upon the Fowler trial:
 Tom Lyman, violating section 42S of the city code; $2.
 T. s. Christopher fighting; $5. l c. w. Timpu, fighting; S5
 Tom Tobie, obstructing the sidewalk g.
 J. s. Sharon, assault with intent to murder Emma Berry; continued until Friday.
 J. S. sharon carrying concealed weap- ons; $50.
 Tom Lyman disorderly conduct, aggra- vated; $10.
 Boo Lyman. assault and battery on Ike Huntley; s15.
 T R Shauberry dicGrderly conduct. &