The age-herald., 1898-01-06

with his fist.
 MT. Frazer did not strike him at the time of his arrest. I saw MT. Collins that night. Met him and Frazer near Rosenbaum's. It was about twenty minutes after arrest. had started toward Collins saloon. Met Collins in front of Rosenbaum' store. Frazer was with him. I said to Frazer, You're a nice fellow. will have to make a case against you for hitting that man" This wss said jokingly. Collins said he was going down to jail to see the man (1oweED. If he was one of his mining friends he wanted the matter dropped. l told him he had no business there. and he said, with a smile, that he was going, and if he was any of his mining friends he would have him turned loose.
 Was Not Drunk.
 .'Was MT. Collins drunk or sober?" al q don't think he was drunk
 Did not see Collins after shooting. Saw Mrs. Collins.
 'fWhat is your best recollection as to whether Miss Nellie Collins had a cape or cloak?"
 Defense objected, but 1t was overruled.
 '.It is that she had none."
 We followed a negro to Fourth avenue first saw two men going in that direc- ton. Miss Nellie Collins said he might possibly be the man. He was half block ahead.
 Attorney Allen renewed his question in regard to the illumination in neighborhood of the city hall
 Attorney D. McCreary, who was trans- acting some business for Collins on Dec. 27, was introduced. Direct-Lived in Bessemer six years. Was an attorney. Have known Collins ever since he had been here. Saw Collins In his office between l and ? o'clock Monday. He was not drunk, but drinking. He was in my office to see about getting a lease drawn up for his saloon fixtures. Was at my office only a short while. No one was with him. I know his wife and daughter. Saw them awhile before Howell was killed. Met them between postoffice and the city hall. It was shortly before o'clock Fra ger was with Mrs Collins and daughter. They were walking three abreast. | ''Did any one pass you going in same di- rection and in few feet in front of them?" "No."
 "Did you see or pass any one p the va cant space by the postoffice?"
 "No."
 Frazer asked for a policeman shortly afterward. Albright asked what he want ed. He said a man had been following Mrs. Collins and her daughter. Albright said he would go and arrest him. We walked on down the street. Some one said, I think it was Frazer, "there he goes, shoot him. shoot him." They left then and got the man. I saw Mrs. Collins and her daughter back of the city hall, but she told me the man had been following them. She did not mention her daughter. The ar rest was made near the library. I couldn't see, but I could hear them. I could see Mrs. Collins and her daughter (when first met them in front of the .postoffice) some distance. It was bright. I was near enough to hear any unusual noise. Cross-examination--I had been to the city hall. If any screams had occurred you couldn't have heard them while you were up there. Met them a little over half way between city hall and postoffice. Frazer was with them. Screams might have oc- cured before I got there. Saw Collins several times after o'clock Monday.
 In Bad Fix.
 Last time I saw him about 5 o'clock. He was in pretty bad fix. Was pretty drunk. I took couple of drinks-he took whiskey and I took soda. He was drunker at o'clock than when in my office. He was so drunk didn't give him the papers. thought he was too drunk to attend to business Saw Howell after he was ar rested They took pistol from him. He looked like something was the matter with him.
 Was there some one present who said they were sorry he was arrested?" "No; Jennie Beal, or whatever they call her, said he told her the officers were after him. She said she met the man they had just arrested"
 Re-direct-The electric light between here (Rebie halD and city hall was lighted that night That light illuminated the vacant space between here Rebie halD and city hall A man could be seen going in that space from across the street.
 Something the Matter,
 Re-cross-He was making an effort to get a bond for Howell. It appeared to me that there was something the matter with him-he was not at himself. When Frazer struck him it did not make an impression.
 What was his reputation as a fighting manT
 Prosecution objected and question was
 
 Re-direct-Two men, Albright and Will son, had hold of Howell when Frazer struck him.
 Re-cross-Howell did not recognize him, although they were close together.
 Attorney Lipscomb (defense), objected to D. A. Little being examined on the ground that he had not been under rule and was present in court the day previous. The objection was sustained.
 D. H. Lopoy, a merchant, was the next witness.
 The defense objected to the examination of Lopoy.
 Attorney Lowe said he was summoned just half hour before he had read the papers, and had talked with others about the case. The justice had overruled the objection when Lowe began speaking and reaffrmed it.
 Direct-My place of business was open 1f lrtI drao arfx fopt