The age-herald., 1898-01-30
EYE WITNESSES
 TO THE SHOOTING Say That Felix Brown Made a Mo-
 tiOn AS. IF TO DRAW HIS PISTOL "LOOk Out, There Is Going to Ba a
 Shooting SCrapo." A SOUTHLAND LETTER ADMITTED It Is Not Known Whether Ashford Will Take the Stand in His Own Behalf
 The States Attorneys
 Disagree.

The fourth day of the Ashford prelimin- ary hearing was consumed in the examiha- ton of four witnesses. Very slow progress is being made and probably it will be Tuesday or Wednesday before decision is finally reached.
 The evidence yesterday was for the most part very favorable to the defense, two l witnesses testifying that Brown made motion as if to draw a weapon before Ashford reached for his pistol. As on previous days the attorneys show ed great avidity for argument and let no opportunity escape without considerable contention. On one occasion MT Bradley, who is assisting the solicitor, admitted that he thought certain testimony com petent, but MT. Brown disagreed and pro- ceeded to make speech in support of his position. The testimony was admitted. The prosecuting witness, Felix Brown, was not present. T. T. Ashford was there but paid but little attention to the evil dence It has not yet been announced whether or not he will go on the stand in his own behalf. It is more than probable another attempt will be made to ring in the old Courtland affair, and Brown will be put on the stand as a witness for the defense.
 It was 1O:45 when the case was called and the cross-examination of John Rosenstihl was proceeded with He said: The umbrella case in our store is the same as the one there Dec. B. It was near the door and work bench, and IS four feet one inch in height Effort to Impeach Henley's Evidence The anxiety displayed by the attorneys to get the exact height and position of the umbrella case was probably due to the fact that on the previous day Mr. Lowe had said that he intended to prove that Dr. Henley, from the position he occupied on the stool. could not have possibly been able to see the door. From Mir Rosenstihl accurate knowledge of it's dimensions 1t
 was evident that he possessed a tape hne or a yard stick.
 Witness-"I was waiting on Mrs. Hen lev If is possible that Brown was in the store when the second shot struck him. The second shot was fired before Ashford got in the door. I could not say on oath that to my certain knowledge the second shot was a pistol shot. I saw smoke Just as Ashford entered the store. Dr. Henley came to the store day or two after the shooting. When I reached Ashford he had his pistol in his hand. It was pointed ol- rectlv at Browns head. This was after the third shot'
 "Did you not tell pr. Henley that you believed Ashford would have then Killed Brown if you had not prevented himF asked Solicitor Brown.
 This was objected to by the defense and sustained. Mir Rosenstihl was then asked to stand aside and D. T. Vaughan of Coalburg, nagman on the Southern railroad, was
 nlaced on the stand by the defense. He said:
 Within Eight Feet of Ashford "Mr. Ashford and myself are not re- lated. I saw the shooting which took place l In Twentieth street, Dec. 23. was within eight feet of Ashford at the time He WAS going north and Brown south was going at an angle across from the west l to the east side of the street. My brother was with me. Ashford wore no overcoat, | and hid his hands in his pants pockets. l Brown had on an overcoat and was going south and towards Ashford saw Ashford | show I'D and saw Brown make motion l as if to draw a pistol. I touched my brother and said, Look out, there's going 1 to be g. shooting scrape.' Ashford then Grew a pistol with his left hand and shot y"Did the men recognize each otherT' asked the attorney for the defense. Recognized Each Other. "They did," replied the witness. The state moved to exclude this, and was sustained.
 Witness: Brown reached for his pistol at Ashford. In to this time Ashford had his hands in his front pants pockets. Brown ran toward the door of RosenstihRs immediately after Ashford fred, still holding his hand on 1 his hip pocA ,t I saw neither of the men l after they got in the store.SI saw Ash | ford fire the second shot After the first shot my brother ran off,"
 Under cross ss-examination by Solicitor Brown the witness soon lost his clock work style of answering questions and was somewhat cautious in opening his mouth, but he put his foot in 1t. He said, CT was hunting with MT. Cooper at Coalburg and told him of the affair. He was the first one I told"
 Got Mixed Up. Just here the witness became somewhat mixed, and if everything he told were true he must have been ominpresent. According to his statements, he was north Of the two men and between. Brown was north and south of him. Ashford was the same MT. Ashford was nearer the First Ma tional bank than MT. Brown. Mr. Brown was nearer the First National bank than
 MT. Ashford. Here the witness admitted
 that he was somewhat mixed and expressed
 tho desire to start over again. He cor
 rected his statement that Brown was north
 and Ashford nearer the First National
 bank.
 Witness-"Mr. Brown was the first to
 reach for weapon. Ashford then with
 drew his hands from his front pants pock-
 ct. drew his pistol and fired. The last
 saw of Brown as he went through the
 door he still had his hand on his rAar