The age-herald., 1900-04-01
W|LMOT HAS
 SECURED BAIL Sensational Testimony. in the
 Preliminary Trial HIS SON TELLS \ SAD STORY Wrote His Father of Wrong
 Dojngs at Home. PLEA OF EMOTIONAL INSANITY The Outraged Husband Tells of How He Shot Braxton Down When He
 Heard of His Infa-
 nous Acts,
PLEA OF EMOTIONAL INSANITY

George B. Wilmot, who shot and killed Charles C. Braxton last Thursday night, was released on bond yesterday afternoon. He was given a preliminary hearing on l-e charge of murder before Justices of the Peace 1T. B. ADernathy and J. H. Ward, at the conclusion of which Justice Aber- nathy announced that in the opinion of him and his associate the defendant could not be convicted of a capital crime, and that therefore he would be admitted to bail in the sum of 5000. This the defend ant readily gave and was released from custody.
 The hearing was set fer 10 o'clock yes- terday morning, but Solicitor H. P. Heflin, who represented the state, asked for a postponement on the ground that he had not had time in which to consult the wit nesses in the case. Judge B. M. Allen and General Fred $. Ferguson, who repre- sented the defendant, objected to post ponement, stating that tine defense admit ted that the defendant had killed Braxton, but that he ldy to show justifable cause. Justi.> Aathy announced that the hearing wo..-. De postponed until 2:3O D. m.
 Court reconvened in the criminal court room al o'clock, and when Justice Aber- nathy had called for order he stated that he had called in Justice of the Peace J. III. Ward to sit with him in the case. This was satisfactory to both sides.
 State Not Ready
 When asked if the state was ready to proceed with the trial Solicitor Heflin said he was not. He said: ''The state has not had time to thoroughly investigate the killing of Braxton, and asks that the trial be postponed until witnesses who know the relations existing between Mrs. Wilmot and the deceased be found. As to the acilling, that is admitted Joy the defend- ant; but as to the cause, no witnesses have been found to contradict what he might say. I know of no witnesses yet There IS only one witness now, and she was employed by the defendant and has had a conversation with him. The state is not ready for trial, and l renew the motion made this morning to postpone. The grand jury meets Monday, and it would not be hardship on any one to wait until then" Judge B. M. Allen, for the defense-."The state admits it is ready to prove homicide, but wants time to disprove something the defense may say. The defense has an- nounced its line of defense, and the state has had better opportunity to investigate the killing than the defense has had"
 General Ferguson, for the defense-'sThe solicitor states that it would be no hard ship to continue the defendent in confne- ment until the grand jury can investigate the killing next week. It is a hardship to deprive man of his liberty for a single moment
 Justice Abernathy-"we will proceed with the trial"
 First Witness
 The witnesses were called and sworn, and c. H. Worrel was put on the stand MT. Worrell said:
 ''I know the defendant. His name is George B. wilmot. I knew the deceased, Charles c. Braxton and saw him after his death. His death was caused by pistol shots. I saw two wounds-one above the heart and one on the top of his head. The one in the head was large enough to put two fingers in, and the one in the breast was large enough to put one finger in. Braxton was not dead when I got to him. He was lying in the position in which he fell in the COW stall, at the rear of the residence. Wilmot's house is at West End. The killing occurred Thursday night, March %. had a conversation with the defendant. He sent for me immediately after the shooting and met me the cor ner near the car line. He said he was wait ing for a car, that he had shot Braxton, whom I would find in the rear of the resi- dence and for me to do what I could for him. He said he was going to town on the next car and give himself up. He said he had suffered very much for some time, and that the time had come for action, and that he had done what any man would have done under the circumstances l only talk ed with him for minute.
 When I went to BraXton saw no buck, ct or milk pail. He was in the stable, or room for the cow. I saw no COW. This was between and 6:30 p. m The defend- ants wife was in Mississippi. was told. was told that she had gone to Mississippi last Saturday. His daughter was at neighbours down at the next corner. think she went there after the killing, but am not sure. His son was in the city. There was no one at the house at the time of the shooting. Wilmot told me that he had great trouble. and that he had de-