The age-herald., 1898-12-31

didn't hear any words; heard three shots. After the third shot Mason and Billingslea, all hugged together, came from the front to the back bar Clark came in in a few seconds. He had a pistol in his hand I did not see him attempt to do anything. I can't swear which way the pistol was pointing, because I was scared myself. I can't say if 1t was pointing in front of Mason or up. He was holding it by the ham dle Mason was near the stove. can't tell whether Clark was pointing toward the stove. Mason and Billingslea were both about twenty feet ahead of Clark. I don't know whether the pistol was a self-cocker or a hammerless. grabbed Clark's hand and the pistol both. He never opened his mouth. I said, "stop your shooting" Clark said nothing until I asked him to give me the pistol. He said "no." I than caught him by the side and said, walk out" He did not resist. I went out on the street and turned Clark over to Captain Walters. I then went back and Billingslea asked me to take drink Mason was not there. There is a bullet hole in the door and one in the wall. the one in the wall is about two and half feet from the floor, the hole in the wall Is in the brick partition six or eight inches from the counter.
 R. E. L. Mel testified as follows:
 q remember the day of the difficulty between Clark and Mason. At some time before the difficulty saw Clark in I<eipp 5 restaurant. I saw him get pistol from be- hind the bar Some one handed 1t to him. who don't know He went to the rear of the restaurant. I did not see what he did with the pistol. I don't how long after that was before the difficulty. I heard of the difficulty, I think, within an hour. l saw MT. Clark after the difficulty and asked him about it. and he said he did not care to talk for publication. He did not talk to me about the case'
 Recess was then taken until 10 o'clock this morning.
 The.Morning Session
 Court was called to order by Mayor Meyer at 10:30 o'clock and Charlie Hull testified
 My name Is Charlie Hull l remember the day of the difficulty between Clark and Mason. I was inside DeBardeleben & Cal- lens store and heard somebody talking on the sidewalk and saw Billingslea, Clark and Mason on the sidewalk talking in front or Aicardis. In a few minutes l saw Clark go across the street to Keipp's saloon; saw him when he came back in a short while, and he went into Aicardis saloon. Soon l heard three shots fired inside little while a4ter Clark went in the saloon, five or ten minutes
 The state then closed.
 William w. Burns for the defense testi- fled: q live in Selma, Ala.,; have lived here since 1S65 l know Percy Clark; know his general character for peace and quiet, and it is good.
 MT Ben Toler testified: 'T know MT. Clark the defendant, 1 used to school with him; have known him for twenty-five or thirty years; l reside in Selma; know Mr. Clarks character for peace and quiet and it is good.
 A. NJ Sledge, J. B. Evans, Hal A. Patter- son, Sam Reynolds, of Carlowvi'le; John M. Dainwood, Rev. pr. Russell Cecil, Major J. c. Compton, C. w Hooper, Judge Wood, J. H. Pumpkin, w. Bohllie, H. c. Graham, L. w. Hubbard, l.. P. Dawson, R. D. Bayne and G. A. Robbins. The counsel for the defense then withdrew for a short con- sultation and annouced that the defense had closed.
 Hon. George H. Craig then spoke for the prosecution and at the conclusion of his argument recess was taken until p. m.