The age-herald., 1898-02-02
A Decision is Looked For Probably This
 Afternoon.
HAS BEEN A LONG, TEDIOUS TRIAL
Resume of the Shooting and the Evidence in the Case Attachment Issued For Or. Hen
 ley Witnesses Must Sign I Their Testimony.

 probably be seen this afternoon. The de- fendant Is charged with having assaulted with attempt to murder F'elx Brown on the afternoon of Dec 23rd last in front of and in the jewelry store of Rosent.hl Bros. in Twentieth street.
 The trial has attracted great deal of attention, but owing to the fact that 1t has been so long drawn out the attendance has diminished somewhat during the last few days.
 The state would seem to have conclusive ly proven that the defendant merdted being bound over in heavy bond, if only it's evil dence was taken into consideration. On the other hand, the defense seems to have as clearly shown that Ashford was only act ing in what he considered self defense when he shot Brown
 The relative position of the of the two men at the beginning and during the shooting has been dwelt on at length in the testimony of the witnesses of both sides and on he whole nearly corresponds, except as to Ashfords position at the tme of the second shot. According to the evi- dence introduced by the state Ashford was at the time of the second shot inside the store. This Is contradicted in the evil dence for the defense.
 No direct attempt made to prove that on the evening of the shooting Brown was armed. No weapon was found on him when searched by Policeman Ragood over Nabers, Morrow & Sinnige's store, where he had gone few minutes after the shoot Rad to 6ndi pistol in a val.se in his room at the Nor to go armed on all occasions was proven without contradiction by tine defense.
 Did He Reach for a Gun?
 The entire case hinges on whether or not Brown made an attempt to draw weapon at the time he was confronted py Ashford or at any time during the shoot ing. He himself safd that he did not. For the defense, D. T. and James Madison Vaughan, two eyeAwitnesses of the nrst shot testified that Brown placed his hand on his rear pocket as if reaching for a w-ean,on. while MT. Ashford had hds hands In the front pockets of his trousers AS soon as Ashford observed this movement on the part of Brown, he drew hs weapon and began firing. This was, of course out side of the store. As to Browns move meuts in this respect inside of the store, there is a confict in opinions. Several peo- ple were in the store at the tme, and wit messed the affair, but no two seemed to have seen 1t exactly alike.
 John B. Rosenstihl testified that he ran down the south aisle behind Ashford. and that he saw Brown wheel and put his hand on his rear pocket.
 Mrs. A. T. Henley, wife of Dr. Henley, testified that she was near Mr. Rosenstihl when the firing began, and to the best of her recollection MT. Rosenstihl ran down the north aisle. There are also seeming contradictions in the rest of the testimony, except that relative to MT. Ashford's char acter as a peaceable, quiet, law-abiding citizen. M ~
 This is shown by the testimony of some of Birmingham's most substantial citizens. Previous to the shooting he has always had the reputation of being an exception ally good citizen.
 Browns career, on the contrary, seems to have been the reverse. But on the witness stand he told straightforward tale, and to all appearances he had no de- sire to tell anything but the truth. His statement, however, that he cried out, Don't let him kill me-" was not corrob- orated by the testimony of other witt nesses.
 The lawyers on both sides have been indefatigable in their efforts to present the case in as clear light as possible to the court.
 Yesterdays Proceedinfs
 When court convened yesterday after noon at 1:30, it was the intention of the at torneys for the state to examine pr. Henley and one other witness, but neither was present. Solicitor Brown announced that he had made several efforts to reach Dr. Henley. but that he was out on some busi- ness and could not be found A subpoena, he said, had been issued for the doctor
 A writ of attachment was issued and mounted policeman dispatched to serve 1t. Court had adjourned, however, before Dr. Henley could be located.
 The solicitor suggested that all the wit nesses be summoned to appear before the court and read and sign the testimony. It was decided that Felix Brown be allowed to look over his testimony before it was accepted as final. The stenographer's re- port of the other evidence was allowed to stand
 The solicitor then announced to the court that counsel for both sides had decided to submit the case without argument after the examination of Dr. Henley.
 The knowledge of any such aagreement was denied by the attorneys for the de- fense, they contending that 1t was their intention to submit the case at that point without awaiting Dr. Henley's testimony.
 It was evident that there was slight misunderstanding, and MT. Weakley said: ''If the court please, where are we at?' to use the language of the immortal Cobb
 The apparent tangIe was soon straight- ened and the counsel submitted the case. and court adjourned until o'clock this afternoon.
 A transcript of the stenographie reports