The age-herald., 1898-01-07

Direct-I arrested him and we went on
 back. After Mrs Collins had identified him
 Frazer gaid the "s- of a - and struck
 him one time. Frazer said he would go
 and get Collins and he went up Third
 avenue. He came back and Collins was
 with him. I spoke to Mr. Frazer. l said
 you're nice fellow for hitting that fellow.
 He laughed, and I said I guess will have
 to make case against you. Frazer said
 they were going down to see the man I
 had arrested I told them they couldn't
 see him. Collins said he thought maybe
 the fellow was an old friend or one of the town boys and if so he wanted the matter
 stopped right here. Howell was a medium
 sized man.
 Catch Himi Shoot IIimi There was no cross-examination. D. Mo
 Crary was called.
 Direct-Was in Bessemer night J. L..
 Howell was killed. I was at city hall
 thirty minutes before the killing. I saw him after he was arrested. I saw Frazer, | and he ran across the street saying, "There he goes catch him, shoot him." Jim Horne, MT. Albright and Mir. Wilson were
 along. Wilson was ahead. He heard Mrs
 Collins say he was the man. Saw Frazer
 strike him. He called him ''s- of -, and said he ought to be killed" He after wards saw Mrs. Collins and Frazer in fire hall. Frazer said he was going to take
 Mrs. Collins to identify the man. I told them Mrs. c. had just identified the man and Frazer said he would go after Tom. l He went on in that direction. The interest of Frazer in the proceedings never relaxed, and despite the cool night | precipitation continued to boil from his | forehead.
 The state announced that it would sub | init such evidence in the Collins case as was relevant and close. The defense fol- | lowed suit
 | The state then announced that they wanted Mir Horne for cross-examination. | He testified in part as follows: I saw Mir. Howell after his arrest. Was with them when they made the arrest. | Frazer followed after Wilson when he | went after Howell. I heard Fraezr say | "catch him." did not hear him say, ''shoot l him." I saw Frazer strike Howell In the back, saying: "I'll learn you how to follow
 ladies around here" I went home with Mrs. Collins.
 Did you hear Mrs. Collins say she was
 afraid the man was following her to rob her?'
 Another objection from the defense and
 the question was withdrawn. Cross-Frazer went after Collins on Mrs. Collins request.
 The state again announced closed and | Solicitor Ferguson submitted it without | argument.
 Defense Argued. | Attorney Lpscomb said the defense de- | sired to argue, and Attorney Allen was forced to open, giving the contentious of | the state.
 He said that the state had proven that Frazer had used vile language to the de-
 ceased and had struck him. It followed
 that Frazer informed Collins. As he and l Collins had approached the cell he pointed | out the man and again used opprobrious | language. He argued that the aiding and abetting made man as guilty as the hu-
 man passion that pulled the trigger l Attorney Vaughan followed for the de- | fense He declared that the state had | shown no conspiracy. He said that if Fra
 ger had gone to the jail for the purpose of
 killing man he would have gone armed 1 Frazer had done nothing wrong. He had l done right in going to the rescue of women when they were in trouble Attorney Lipscomb (defense) followed, l contending that the state never proved that | there was a collusion between Collins and | Frazer to do an unlawful act, hence there | could be no conspiracy. He said in the course of his speech that the ruling of the | justice in cutting out what Frazer said 1 just after the shot was fired was not right l One of Attorney Lipscombs strong points was that it was never proven that Frazer was aware that Collins was armed when
 he accompanied him to the jail. He spoke for hour
 Solicitor Ferguson closed the argument in | a brief speech, and the justice rendered his l opinion.
 History of the Crime. | The crime for which Thomas R. Collins | and Hugh Frazer were tried was com mitted shortly before o'clock in the city jail of Bessemer on the evening of Decem- Der 27.
 It Is alleged that J. l.. Howell accosted
 Nellie Collins in her fathers saloon and
 later assaulted her in front of the post
 office. Then it was that Mrs. Collins, who
 accompanied her daughter, called on Hugh Frazer for assistance. Howell was caught and while under arrest received a blow in the face from Frazer, who subsequently | went and informed Thomas Collins of the | trouble.
 | Together they went to the city jail. By a cunning deception they were admitted
 and Collins fired one shot in Howell from a 3S-caliber Smith & Wesson revolver Howell was locked in his cell and died instantly. The affair has been the talk of Besse-
 mer since it's occurrence. The court room has held good audience every day and on the concluding day it was crowded | Public sentiment appears to condemn Fra | ger along with Collins
 | It is said a lawsuit against the city of l Bessemer will be one of the results of the | killing. It is intimated that the sisters of | Howell will file a suit for $10,0OO damages