The age-herald., 1898-01-07

to represent the feelings of revenge of the bereaved ones
 Attorney Lowe's Theory.
 He laid the theory that Howell. after the alleged assault at the saloon, went to the resort of Jennie Beall A man testified that the woman had told him that How ell's arrest cost her dollar. Jennie Beall he said, was a noted ''procuress." "This showed what bad filled Howell's brain," declared the attorney.
 In speaking of Howell, he said that they objected to him calling him creature, "but he wasn't a man." shouted the speaker.
 The speaker would leave his point at in- tervals to refer to what he termed the two clements of the prosecution. He said that if it was a custom, 1t was bad one to have counsel to represent the envy and spite of the outraged feelings of the sur viving ones. He said Allen had no right to represent the state and the solicitor had no right to invest him with the toga. He would contest this point in future trials, no matter where they were held.
 Attorney Lowe said the defense did not contend that MT. Collins killed a man because he was drunk. He contended that his domestic troubles. coupled with drink, rendered him incapable of forming a pur- pose.
 Attorney B. M. Allen closed for the state. He said he felt complimented be- cause his employment by the friends of the deceased to prosecute his slayer. was a thorn in the flesh of the defense. Iil re- gard to their accusation of inconsistency. he pointed to the multitude of cert.sel for the defense and laughingly said thsy could not be taken as the emblem of consist ency. He stated that first the defense put up the plea that Collins was worried and troubled over domestic troubles and then changed to the plea of intoxication. He criticised MT. Lowe's alleged doctrine of every man being his own avenger and said this doctrine had made Alabama rank sec ond in the number of lynchings during the past year.
 Attorney Lowe interrupted and said this was not his theory.
 MT. Allen spoke for an hour and forty minutes, and closed with touching plea in behalf of the dead.
 Justice Tillman then rendered his opn- ion, and by agreement court adjourned for supper.
 The news of Collins committal was borne to his wife, who was in Attorney Lips combs office. She all but tainted, and was taken home crying and sobbing
 Frazer Trial Begun.
 When court reconvened at o'clock, Hugh Frazer and Tom Collins were brought in from the circuit clerks office. They had supper there, and Frazer ap peared to be very much agitated. Great beads of precipitation stood on his fore head and he watched every incident and leaned forward to catch every word of the evidence and argument by the attorneys. The counsel agreed that all evidence in the Collins case relevant to the Frazer case would be considered, with each side having the. privilege of recalling any witnesses. z. T. Albright the warden of the city jail, was examined first. His trial for ad- mitting the men to the jail was to come up before the city council and he wished to be examined at once.
 Direct-City warden and jailer of Besse- mer. did not know man by the name of Howell, except as he was brought in and docketed Died same evening he was brought in from a pistol shot in the hands of Thomas Collins. He was locked in the
  shot him through the cross-bars. Frazer was with Collins at the time he was shot. Frazer and Collins came and wanted to see this prisoner. I don't remember that they called his name. told them they couldn't see him. They set up plea. I think it was MT. Collins who said he thought he was an old friend. I told them if, they would give their word and honor as gentle | men would let them see him.. They did so and took them in. They did not de- scribe the man. Frazer was present when the man was arrested; that is the way knew the man they wanted to see. When took them in Howell was standing near the bars. Frazer with jesture of his fin ger, said: "Here Is the G-d d-n S. of -. The next thing knew was a pistol shot. When Frazer cursed I took hold of him and told him would not allow pris- oner abused. That was when the shot was fired. I took pistol from Collins. Be- | fore this I saw Frazer and Jim Horne. Frazer said he wanted to find policeman | to arrest a man who was following Mrs. | Collins and Nellie.
 Attorney Lipscomb objected to the ques- l tions in regard to events before the kill l ing, but the objection was overruled. Direct-I told them I would arrest the man. I found Officer Wilson had arrested | the man. saw Officer Wilson and Frazer l behind pursuing the man. Frazer was a lit- l tie excited and said ''There he is' or some- | thing of the kind. Frazer struck the man couple of hundred feet from where he was arrested. He left after that and went l on to the jail. It was less than an hour be- | fore Collins and Frazer came to the jail. | Didn't remeber any body else n the crowd | but Jim Horne and Officer Wilson, Frazer | and himself.
 | The defense objected and wanted the evil dence excluded.
 Theory of Conspiracy. | Solicitor Ferguson said the theory of the | state was that there was conspiracy This might be proven by a wink, jesture, or l a tacit understanding.
 | This question was argued for both sides l for half an hour. The justice overruled the | objection
 | Cross-Frazer was the man who first