The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-03-10
Before a Suitable Jury Was
EmpaneIIed.
MAIN WITNESS FOR PROSECUTION
Capt F. P. O'Brien. Testified That Col
son Admittedto Him Having Fired
First Shot When Warnock
Walked Up on Porch.


Warnock. was placed upon trial in the
criminal court yesterday before Judge
Samuel E. Greene, and through his attor-
neys pleaded not guilty to the indictment.
When the case was called the court room
was crowded within spectators. witnesses
and court officers and witnesses In other
cases set for the day. Golson had been
brought Into court short time before and
locked up in the prisoners cage. He was
brought out and given a seat by his attor-
neys Joseph H Montgomery, Charles L
Monks and II. F. Jones, who were in con-
sultatlon. All eyes were fxed upon the
prisoner, who glanced up occasionally, but
as soon as his eyes met the gaze of any
of the curious spectators he would look
down and appeared unconcerned.
Motion for Change of Venue Withdrawn
1t was thought that the case would come
up on the motion for change of venue,
which was filed some weeks ago, but to
the surprise of every one Mr.. Montgomery
asked permission to withdraw the motion.
stating that since filing same the defend
ant and his attorneys had come to the con-
clusion that he could obtain a fair and i'm
partial trial at the hands of the people of
Jefferson county. There was no objection
and the work of organizing a jury was be-
gun.
The prosecuting attorneys, Hugh Nor
row, Solicitor H. p. Hef1in and Assistant
Solicitor John Mcqueen, occupied seats on
the other side of the table from Golson's
attorneys, and each side was furnished
with list of the veniri of thirty-six names
from which the jury was to be selected.
The names were drawn from hat and
the person called was placed under oath. as
to his qualification as juror. Out of the
thirty-six men fourteen were excused for
cause by the court, six were challenged by
the defense and four by the state. The
work of selecting the jury was slow, but
finally, after the last name had been drawn,
the jury was completed as follows, having
been selected in the order named:
Jury That viii Toll the Tale
w. R. Rocket farmer: D. W. Dean,
farmer; A. B. Huey, farmer; w. r. Rich.
farmer; J. L. Broke, merchant; J. o. Car
Isle, farmer; W. D. watkins. farmer; D.
H. Scott farmer; James Jordan, miner;
F. NJ. Huey, farmer; D. e. Haiston, pat
ternmaker; ]. L. Alexander, farmer.
The jury was at once sworn as well as
the witnesses, and the state asked for the
rule, and all witnesses were excluded from
the court room. Mr.. Morrow then asked
for few minutes time to confer with wit
nesses, and it being near the hour for the
noon recess, court was adjourned until 2
O'Clock.
Long before court was called to order for
the afternoon session the court room was
again crowded with people attracted
through curiosity, many of whom were ne
groes. Judge Greene came in shortly after
Q o'clock and the trial proceeded.
During the afternoon the two little
daughters of the murdered Warnock came
to the glass door In the office of Clerk Nc
Adory of the circuit court and gazed at the
prisoner who was pointed out to Them
| They stood for some time looking into the
| court room, their little faces void of the
| usual gladstone smiles of childhood. The
| prisoner was unconscious of their gaze, his
| attention being attracted to the witnesses,
to whom he listened with keen interest.
Deputy Lsvs First Witness
Deputy Sheriff Love was the first wit
ness called, and Mr.. Morrow explained that
| the reason for calling him first was be-
cause the witness was sick and wanted to
| get back home. Mr.. Morrow conducted the
| examination for the state, and Mr.. Mont
| gomery for the defense.
Mr. Love took the witness stand, and his
appearance verified the statement of the
| solicitor as to his physical condition. His
testimony was. in substance. as follows:
| Deputy Sheriff W. I. Love-My name is
| w. 1. Love- I am deputy sheriff. I knew
| Robert Warnoek; was with him when he
| died, He was killed on Sunday evening,
| December 81, 1893, shortly after o'clock In
| Third alley, between Fifteenth and Six
| teenth streets. Mr.. Warnock was chief dep
| uty sheriff of Jefferson county. l was with
| him on that afternoon. I met him In front
| of Ellis drug store. Deputy John Barker
was with him. We came by the office and
went down Third avenue to a house where
| I had information that Golson lived. had
| a caplas from Autauga county charging
| Golson with grand larceny. We went to
Golson's house. When we goq to Hhe corner
| of Sixteenth street we separated. Warnock
| went down Fifteenth, and Barker and my
| self went down Sixteenth and met in front
| of Golsons gate. Warnock told me to go
| to the back door as quick as could. The
shooting began before I got to the back
door. Heard some one run through the
| house. and ran against the back door and
went through the house. I met woman.
| who threw up her hands and said Don't
shoot met Found Warnock lying on the
| ground with his head under the porch He
| tried to reach for a brick pillar. / went
| to him and raised his head. and blood ran
out of his mouth. He gasped four or five