The age-herald., 1898-01-29

on the 2sd of December last. I saw some shooting there The first report supposed at that time a firecraeker. I saw no men at that time. Then two men rushed in and the one in front pushed me as he passed. They were, suppose, four or five feet apart. Browns hands were at his side"
 Cross-Examination--"I had finished pur- chasing when the shooting commenced, and had started out of the store recol- lect no one in the store at that time ex- cept Mrs. A. T. Henley. A number of peo- pie were in the store. No one was on the same side of the center show cases as myself. I was about midway the aisle. When Brown and Ashford came in they were about four or five feet apart and moving rapidly forward. I saw a pistol in Ashford's hands. I did not look back after Brown passed. I can't testify to any thing that occurred after Brown passed me. Ashford fired to my left. do not know what he aimed at, but it seemed that it was ging to hit me. Brown was behind me when the third shot was fired. As soon as the shooting began I ran. I was frightened, and can't tell how many shots were fired.
 'The two men were both in the aisle be- fore I saw them. The whole thing, to the best of my judgment, not over a minute in occurring"
 Redirect: "I saw smoke in the building. Immediately after saw the smoke Brown ran in and heard pistol fred"
 c. M. Smith was the next person on the stand. He said
 Pistol Found in His Room
 1T at the Morris Dec 23. know the location of his room. E. J. Snow and myself went there after the shooting occurred. MT. Johnson and another gentleman were with us. We found pistol in one of Browns valises."
 Cross-examnation; "The pistol was in the smaller valise We examined the laree- "a- lise, looking for Browns night shirt"
 J. N. Martin was then examined. He said:
 'I live at East Lake. I was in Birming- ham Dec. 23 I saw the shooting which took place at RosensthPs I was on the sidewalk in front of the tobacco store. I heard the report of pistol and looking up the street saw a man run into Rosen- stihPs followed by another man. The man with the pistol was nearer Second avenue. I walked up the street and heard two more shots. could not see the first man when the second shot was fired. It was only a short time between the shots. l saw Brown come out of the store soon after the shoot ing and go up the stairs over the Nabers, Morrow & Sinnige building. He had noth- ing in his hands. l was three or four feet behind him. No one touched him as he walked up the street. He staggered up the steps and think he reeled and fell at the top of the stairs.
 Cross-examination q didn't see Ash ford nor Brown before the first shot. I don't know what they did prior to the first shot. Brown, was a little nearer the door and they were close together. I was in the center of the sidewalk I do not know in what position Brown held his hands during any of the shots I did not hear Brown say don't let him kill me- At least one of the doors was open when I got in front of the jewelry store" The State Closed
 With this testimony the state announced closed, and John B. Rosenstihl was called by the defense. He said:
 q am 8 years old and have resided in Birmingham since 1881. have known Ash ford eight or ten years. His general char acter is good and he has the reputation of being a peaceabe, quiet citizen. He was in my store on the evening of Dec 23. There are double doors to the store and one of them was open when the shooting took place. There is a work bench on either side of the doorway l was stand- ing inside to the left of the door. Dr. Hen ley was seated on stool at the work bench and could not have seen the door from that position. He was looking away from the street. An umbrella case was between him and the door. The second shot attracted my attention. Brown had not entered the door when the second shot | was fired Just after the second shot l saw Brown and Ashford run in Brown four or five feet in front. They turned to the right down the circular show case. I ran around the show case behind the two men, Before I reached the south aisle could not see what was occurring there Mrs. J. D. Moore was about at the junc- tion of the third and fourth show cases. When I ran around the curve saw Brown pass Mrs. Moore and whirl around. As he 1 whirled he made motion as if to draw a pistol. When saw him do this l turned and ran back. I heard another report as I ran This was after Brown had made a motion to draw a weapon. don't know who fired the third shot. No other shot was fired. I ran around the oval show case, down the north aisle and to where the two men were. There were no ob- strtuctions between them Ashford made m further attempt to shoot Brown. Ash ford told me not to grab his gum"
 This last statement was excluded. The | witness then continued.
 Heard No Remark
 My hearing is good. heard no remark made by either man. Brown made no out cry to my knowledge. Ashford was at my