The age-herald., 1898-01-06
Continued by the Defense in Examining
 Witnesses Yesterday.
DEFENDING COUNSEL DISAGREED
Frazer Trial Will Begin With Ending of the Pres- ent 0ne-Staie Will Cling to Corpus Deecti, and Defense VIII
 Argue Manslaughter.

Another night of suspense has passed over the head of Thomas R. Collins charged with the murder of J. H. Howell be allowed his liberty on bond. A little paler, more careworn and possibly with more evident signs of nervousness, the accused sat, with his legs crossed through the proceedings of the fourth day of the trial at Bessemer before Justice Tillman.
 Collins is an old man, and if what the witnesses say of his drunk lasting from December IS to N is true, his nerves must now be, to some extent, shattered. Con- finement has already begun getting in it's work for Collins face is whiter, and to the critical eye has not that full and flushed appearance it had when he was first in- carcerated. His nose has reddish tint, which lily matches his almost white goatee, moustache and gray hair. The strain of the trial is having its effect on the man who stands with the brand of murder rest ing over him. Once yesterday when he started to walk across the room in front of the judges stand he we'll nigh tot tered. Attorney Trotter, seeing this, look ed up quickly as though in a position to catch him if he sank down.
 All the evidence was concluded yester- day afternoon and court adjourned until o'clock this morning. The arguments will begin this morning, and it is expected that the splendid array of legal talent drawn up in line will make battle royal. As soon as the Collins case is concluded Hugh Frazer will be put on trial on the charge of being an accessory A majority of the witnesses in the present case will be called to testify in the Frazer trial
 Hugh Frazer has been present all during the preliminary hearing of Collins. It ap- pears from the testimony already adduced that Frazer stands very close to Collins family. In testifying Nellie Collins desig- mated him as Uncle Hughie," although she said he was no blood relation. It is claimed by Frazer and his attorneys that he was ignorant of Collins intentions and is perfectly innocent. Frazer has said many times to his friends and officers that it was hard to be jerlked up for something to which he was not a party, and had absolutely mo knowledge When put on the stand by the defense in the Collins case he testified that he did not know the defendant was armed when he accompa- nied him to the jail, and had no idea that he would be admitted to the presence of Howell by the warden. His testimony also strengthened the plea of intoxication set up by the defense.
 Corroborated All Along.
 It is the opinion of those who have watched the trial that the defense has been very successful in substantiating this plea. Almost every witness has lent some color t1.s.. witnesses aiding in establishing that Col lins was inebriated short while before he (Collins) shot and killed Howell as he stood locked in a prison cell. The only witness who saw Collins a few minutes prior to the tragedy or at the time of the commission of the deed, who pronounced him cool and collected, was Warden All bright. The states witness testifying that Collins was drunk on the afternoon of De- cember 2 was Attorney McCrary, who claims to have seen him few minutes before o'clock.
 In the argument the prosecution will probably challenge this plea on Allbrght's testimony. Another point of the evidence tor the defense which will likely be as- sailed, is the alleged tearing of Nellie Col lins dress and cape by Howell. This was testified to by the girl. but never clearly corroborated. The state may also set up in argument that no one saw the alleged assault in front of the postoffice Frazer, the only witness who said he heard the girls screams from across the street did not see Howell any where near It will be claimed by the prosecution that there was sufficient illumination from the arc light on the corner at the city hall for Frazer to have seen him as the man would not have had time to have gone out of the range of the eye.
 From the stand taken by the defense since Tuesday it is certain that it will be argued that Collins should be allowed bond on the ground that he is not guilty of mur- der in the first degree. If the state of in toxicaton can be conclusively established the degree is reduced to manslaughter.
 The prosecution will contend that the corpus delicti is sufficient to commit the