The age-herald., 1898-01-02
Attorneys Arguing Whether Evidence of
 Previous Occurrence Be Admitted.
A VILE OATH AND COLLINS SHOT
Albright Testified That Frazer Uttered the Oath When He Saw Howell and CoI- Tins QuickI, Fired the Shot
 Continued to Monday.

The state concluded it's testimony in the Thomas Collins case yesterday, and the day closed with the attorneys arguing as to evidence the defense desired to introduce, showing that Howell assaulted Thomas Collins daughter on the street the after noon before the killing
 The trial will be resumed at 12 o'clock Monday, when Justice Tillman will decide this point and the defense will proceed with it's testimony. The move of the defense in wanting to introduce this testimony verified the outline of what the plea would be, printed in The Age-Herald of yesterday.
 The main witnesses introduced by the state were Jail Warden z. T. Albright, who witnessed the shooting, and the attending physicians number of the prisoners in the jail were sitting on the floor just under the window through which Collins shot These witnesses were introduced and cor roborated the testimony of the leading wit nesses. It is evident that the state desires to confine the testimony to the scene of the killing, and will not introduce other testi- mony unless forced to do so by decision from Justice Tillman The defense can find no ground of justification in the mere man. ner in which the deed was committed and hence are fighting hard to inject occur rences previous and leading up to the kill ing.
 In a preliminary hearing there can be no outright plea of insanity. The testimony adduced in a preliminary hearing is re- corded, however, and the foundation can be laid for such plea to be made in the circuit court. It is now plain that some such plea will be made at a later date.
 The feeling in Bessemer is just as high as heretofore. Knots of people stood about discussing the affair yesterday. The Age Herald has given the most exhaustive story of the details of the crime, and Friday copies of the paper went like hot cakes. The sketch showing how Collins stood with in four feet of Howell who was locked in a cell, and shot him, gave a clearer insight into the case than could have been given otherwise.
 Played to Big House.
 More than 200 people shivered and waited in Rebe hall for the bailiff to call the court to order The scene of the trial had been changed from the circuit court room to this place. The crowd gathered early and waited patiently for the opening.
 Collins and Frazer were taken to Besse- mer on the dummy which leaves Birming- ham at S:45 It was 10 o'clock when they walked into the court room in the custody of the deputies. From that hour they were in consultation with their attorneys, Will liam Vaughan, James Trotter, J. Y. Lips comb and R. J. Lowe.
 At 10 o'clock Justice Tillman came into court and took a seat behind a dingy-look- ing table. He was in the act of bringing things to order when he found that the at- torneys for the defense were still in an ante-room holding consultation. It was almost Il o'clock when court came to order, and the justice warned the crowd that if any demonstration was made arrests would follow.
 Wanted Them Tried Jointly.
 The beginning of the trial was marked by an argument between the attorneys. Solicitor Ferguson said that warrants had originally been sworn out separately. but he had since sworn out warrant jointly, and wanted the case to be called on this latter warrant
 Attorney Trotter protested against such a procedure, and Attorney Lowe said the defense had the right to demand that the two men be tried separately. In answer to tl Tillman said that the Collins case appeared first on the docket.
 Solicitor Ferguson asked that the trial be opened with Collins first as the original warrants were not in court.
 When Attorney Vaughan mentioned that the state had not announced ready, Solici- tor Ferguson said if the defense proposed to act on technicalties he would move to dismiss the warrants first issued and try the men jointly. The state was ready.
 There were arguments pro and con, and Attorney Trotter finally agreed that the trial should proceed if the state would agree to get the warrants in court before the defense began introducing testimony.
 This facilitated matters, and the first witness for the state, Dr. Frank Prince, was introduced. Dr. Prince testified that the bullet entered Howell just to the left of the breast 5one between the third and fourth ribs, and pissed through the heart,