The age-herald., 1898-01-06

 get his pistol and .sbrea.k" it. It was five or ten minutes to when got there. The whole thing from beginning to end lasted about one hour and twenty minutes. I had about two or three drinks that day, but was not under the influence of whisky. Had not seen Collins for week before the Eth. He believed it had been two weeks since he saw him. Did not know where he had seen him last. Mrs. Collins. to my knowledge, was not drinking that evening. Neither was the young lady.
 objected to Suggestion.
 Attorney Lowe, (defense) objected to such suggestions, but said it was all right If state wanted to make them.
 Re-Direct-Nellie Collins was in four feet of the sidewalk on the foot path leading from the postoffice when she was insulted. They sometimes used this path as a short cut.
 On re-cross, Attorney Allen prosecu- uon) inquired about the elctric lights in the vicinity of the postoffice.
 No light about city jail except one in front and one at the market in Eighteenth street, between Third and Fourth avenues Nellie Collins testified that the man was short distance in front of her, and both were walking in the direction of the city hall from the postoffice.
 Frazer testified that he was following from six to ten feet behind Nellie Collins When she screamed he was in front of Winters store and ran across Frazer tes- tifed that he did not see the man (HowelD when he crossed the street.
 The defense announced that with Frazer they would rest, with the privilege of in- troducing two more witnesses when they arrived Adjournment was taken to await the arrival of these witnesses.
 It was 1;3O before court re-convened, and the defense again announced that they would rest. The state began the rebuttal testimony, and Officer A. L. Wilson, who arrested Howell on the night of Dec 27, was first called. Me could not be found, and Dr. l.. A. Spencer was called to begin the rebuttal testimony for the state.
 Direct-Am a practicing physician. Have resided in Bessemer ten years. Am ac- quainted with Mrs. Collins and her daugh- ter. Saw them Monday night near o'clock between city hall and postoffice. Had con- versation first with Mrs. Collins and then with Miss Nellie.
 "What statement, if any, did they make to you in regard to what the deceased did to Miss Nellie?"
 No Predicate Laid.
 The defense objected on the ground that a predicate had not been laid for such question. The predicate could not be found in the records and Miss Collins was re- called, and Attorney Allen (prosecution) be- gan laying the predicate for the testimony of Dr. Spencer. She was calm, but did not speak in that decisive tone of voice which characterized her the day previous. She was dressed in precisely the same manner as when first called, in a blue dress and green hat.
 | saw pr. Spencer on the night of the killing. It was after the shooting. It was bet the building (Rebie HalD and the market. I could not tell exactly when it was I did not tell Dr. Spencer that the deceased had done nothing to me.
 question asking if her mother had made such a statement to Dr. Spencer was objected to by Attorney Lipscomb (de- fense). Tho statement of a party not a party to the case was immaterial Mrs. Collins was not party to the suit. He in- sisted that it was only done to have an in fluence on the public mind.
 Attorney Allen (prosecution) contended that the question was material. It was to show that when her attention was called to an incident in manner which she after wards denied, she did not there and then raise an objection. He believed in her girl ish innocence she would have at that time denied the statement made by her mother if it was not true.
 The record was then found where the 1oid fnt. hn mi Attorney Allen (prosecution) to pr. Spen- cer.
 Attorney Lowe (defense) contended that the questions were immaterial. He said the law did not countenance an attempt to con- tradict witness on an immaterial point. Solicitor Ferguson, who had just arrived, said the questions were for the purpose of affecting the credibility of the witness, and on a very material point.
 Attorney Lipscomb (defense) contended that the question was not material, but the court overruled the objection.
 Did Mrs. Collins tell pr. Spencer that the man had done nothing to us?"
 "No.'
 Caught Himself.
 "Did your mother tell Dr. Spencer that the man had done nothing but follow them?'
 "Yes-no, she didn't say that that was all he did"
 Dr. Spencer asked mother what the man had done. She said ''he followed us"
 Cross by Defense-My mother and myself were very much frightened when we came back down in town.
 At this juncture Dr. Spencer was again placed on the stand.
 "State whether or not Miss Nellie Collins stated in your presence that the deceased had done nothing to herr"
 'I asked Miss Nellie what the man said to her. She said he didn't say anything to her but looked at her and gazed at her. asked her if that was all. She said yes; they got frightened because he was fol- lowing them. Both looked very mulch agitated.
 Attorney Trotter (defense) wanted this testimony excluded because it did not con- tradct Miss Nellie Collins testimony. This was the purpose for which he was put on the stand "We do not believe,' said the