The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1898-04-16
HUGH FRASER
WAS ACQUITTED
Charged With Completely in
Murder of ]. |. Howell.
IN THE CITY JAIL DEC. q
The Defense offered to Submit the Case With
. out Argument But the Prosecution
Would Not Agree--JurY De-
liberated. Short While.
IN THE CITY JAIL DEC. q
Special to The Age-Heraid.

Bessemer April 15.-Iiugh Fraser, charged
with completely in the murder of ]. L. How
ell in the city jail on Dee. a. was acquitted
in the circuit court here today.
The case was again called at 10 o'clock
this morning, with the defendant on the
stand. He testified as follows:
On the evening of the 9th of December,
about dusk, Nellie Collins came to the door
of witness saloon and called him out and
said that some man was following her and
her mother and they were afraid of him
and wanted witness to go home with
them. Witness went out to where Mrs.
Collins was standing on sidewalk and asked
where the man was. They pointed diagon-
ally across the street to where a man was
standing who was unknown to him. Wit
ness then started with them on the way
to their home and after going some dis
tance, thinking it safe for them to go on,
he bade them good night, and started to
return to his saloon. Stopping on the
corner near his saloon he noticed that the
man had passed on around the block as
If to head them off and soon he heard
Nellie scream Fastening to where she
was in front of the postoffice, he learned
from her that the man had again accosted
them.
After a Policeman
Witness then started with them to the
city hall to get a policeman. There they
met Officer Wilson and told him the cir
cumstances and asked for the mans ar
rest. In the meantime, the man came up
to the corner of the street at the city hall
and witness stepped up to him and asked
him what he meant by following and an
noying the ladies'. The man drew a pistol
and asked what he had to do with it, then
starting out Third avenue with Witness
Police officer Wilson, and Jailer Albright
after him. He was then arrested and
brought back to the city hall, where on
being fully identified by Mrs. Collins, the
witness in his anger struck him. Mrs.
Collins asked witness to go and tell Tom
her husband, to come home. Witness found
Collins in latter's saloon and briefly in
formed him of the circumstances and the
mans arrest Witness started to return
to his saloon, but Collins asked him to
wait moment and he (Collins) would walk
back with him. 1t being on the way to
Collins home They walked on together
Collins said they would go to the jail and
see who the man was-that 1t might be one
of his old mining friends and If so he want
ed the thing stopped and the man let out.
Witness told Collins he would not be per-
mitted to see the and officer Wilson
coming up told him the same thing. On
arriving at his place of business, witness
started to go in, but Collins insisted that
he go with him to the Jail to see If they
could not see the man.
Declined to Admit Them
At the Jail Jaler Albright declined to
admit them, but on repeated assurances
from Collins that he only wanted to see
if the prisoner was not some old friend,
and that no harm was intended they were
finally admitted. AS they approached the
cell, witness saw the man and said: "There
he is" In flash Collins drew a pistol
and shot the man. Witness threw up his
hands in horror at the act and exclaimed:
my God, Tom, I did not expect that" He
then grabbed Collins and dsarmed him
and with Albright put him in a cell Wit
seen Collins for two weeks prior to the
trouble.
Nellie Collins Testifies
Nellie Collins then testified to the facts
as stated by the defendant, as far as she
was connected with them, and to the fur
Their fact that Mrs. Collins had after How
ellis arrest asked Mr.. Frazier to go after
her father.
Jim Horne testified to hearing Mrs. Col
Inns ask defendant to go after her husband.
This ended the testimony. The defense
offered to submit the case without argu-
ment but the prosecution insisted on pre-
senting the case to the jury. Solicitor Fer
guson opened the argument for the state,
Attorneys Lpsconb and Trotter following
for the defense and sN,icitor Ferguson clos
ing. The case was then submitted to the
jury.
Not Guilty
The jury promptly returned verdict OF
mot guilty" This decision gives universal
satisfaction to this community, the ma
iority of the citizens of Bessemer never