The age-herald., 1898-01-28
COURTLAND END
 WAS EXCLUDED By Judge FOa6in in the Preliminary Hear inSOf the Ashford Case. ALL FURTHER ATTEMPTS To Draw It In by Skillful Questioning
 Blocked. THE COURT WAS VERY SOLICIT0US In Preliminary Trial, Said Attorne, Lowe Strain of the Witness Stand Telling on
 Brown Two Other Witnesses
 Were Examined.
THE COURT WAS VERY sOLIcITOUS

The preliminary hearing of T. T. Ash ford, charged with assault with intent to murder Felix T. Brown, was resumed yes- terday afternoon in Judge Feagin's court.
 When court adjourned the day before it was agreed by the judge that on reconven- ing the attorneys should cite the authori- ties on their contentious pro and con the admittance of testimony showing that i'll feeling existed between Brown and Ashford prior to the shooting The att torneys for the defense desired to prove that Brown had killed Fred Ashford at Courtland about year ago and that T. T. Ashford feared his life unsafe when in Browns presence.
 The state contended that such evidence was wholly irrelevant, as the shooting had occurred over twelve months previously, and that there was time enough for "cool- ing"
 Yesterday afternoon the lawyers were there with their big sheep skin bound books, and quoted from them freely. In addition they argued the respective points at length.
 Courtland Affair Knocked Out
 After listening patiently Judge Feagin decided to exclude all evidence except such as would be admissible in a jury trial. He promised to look up the authori- ties which the attorneys cited and try the case accordingly.
 Felix Brown came in leaning heavily upon the arm of his father-in-law, an old gray headed man who seemed very so- licitous of his sons comfort. Brown was even more wan and haggard than on the day before, and it was evident that the ordeal which he had undergone in the wit ness box had told heavily on him. How ever, when the cross examination was re- sumed by Attorney Lowe he answered all questions without the slightest hesitancy, and the efforts of the lawyer to make him contradict himself were unavailing.
 T. T. Ashford, the defendant, sat with his attorneys during the examination of the witness He betrayed no emotion whatever, but listened calmly to the evi- dence. On one occasion he left the court room, and as soon as his absence was dis covered the examination of witnesses was suspended until his return.
 During the evening loud noise as if some one was hammering on scantling with a maui was waited into the court room from the alley. The judge looked annoyed and the attorneys displeased. But Policeman Tom Mcdonald luckily was present He was then as ever equal to the occasion.
 Rising majestically from his seat, he serenely promenaded over to the window and in a loud voice informed the occupants of the alley that it was for a passage way and was not intended to be used as a car penter shop.
 With a Conqueror's Smile
 The noise ceased, and the big Cooper" sat down with the smile of conqueror.
 When the examination was resumed Brown said: "On the day was shot SUD- pose I weighed 154 pounds; now, to the best of my judgment, I weigh between 125 and 13O My height is feet inches was standing in front of the window of Rosenstihls jewelry store when the first shot was fired. Ashford was to the left and north of me. The first shot struck me in the face. the second in the right side of my back and came out in front above the right nipple. The third shot hit me in the elbow of my left arm and came out about four inches below.
 Speaking 10 No One in Particular "I was speaking to no one In particular when I said Don't let him kill me- I knew no one in the store. was in front of the showcase when the second shot was fired, perhaps three or four feet from the door, When the first shot was fired was nearer the show-window than Ashford. was, I suppose, three or four feet from the building. My right hand was nearer the wall My overcoat was unbottoned. am almost positive that all the buttons of my undercoat were buttoned. I do not know how long it has been since had my pistol in my pocket. I knew Ashford lived here, but do not know where his place of busi- ness is was never there, and never in- ouired about it's location. I had an idea it was somewhere in Third avenue, but I dc not know where I received that impress sion. I knew Fred and Tom Ashford were brothers. was in Birmingham in Jan- nary and February last year and in July.
 Bought Goods From Glass Company
 1T think I have bought glass from the Birmingham Paint and Glass company. I knew Tom Ashford was connected with 1t. I staid two or three days each time when I was here last year."
 "Do you recollect having told anyone that you had been here and hadn't been hurt" asked MT. Lowe.
 This was objected to and the objection sustained by Judge Feagin.
 "Well, then, to put the question in q diff ferent way" said Mr. Lowe, T will ask you this: Did you make the boast that you had been in Birmingham and gotten out unharmed?"
 This was also objected to and sustained.
 q think the court is extremely solcit- ious about the evidence admitted in mere preliminary Investigation" said MT. Lowe in an injured tone.
 Mr. Brown then resumed his testimony: 'T knew the location of Roscnstihls place, but did not know the proprletors. The first saw of Ashford he had his pistol in my face. I recognized him but did not