The age-herald., 1900-11-13

SdtlonaI trlal enueu- very aDfuptiy yesteI- day. and E. P. C'Dump') Mcdonald, charged with the murder of Joseph Ashby and Thomas Fitzpatrick, was released by Judge Feagin on $2500 bond in each case No evidence of a startling nature was produced, and details of how the shooting occurred were not clearly outlined The de- fendant was not used as a witness, and still maintains the utmost silence regarding the unfortunate affair. Tn fact there was not witness who testified to having seen the shooting. It is said that Cantleberry and Mcdonald are the only living persons who saw how the men were killed.
 The case was set for hearing at 10:30 o'clock, but as there were number of minor cases to be disposed of by Judge Feagin, 1t was after Il o'clock before Me- Donald's trial began.
 The courtroom was crowded almost to suffocation for an hour before the case was called and when the defendant en- tered suppressed murmur arose from the assemblage. Mcdonald was cool and col lected, and bowed pleasantly to his ac- quaintainces whom he passed on the way to his seat inside the railing. His attorneys, B. M. Allen and>P. G. Bowman, had pre- ceded him and were ready for trial So- licitor Hefiin represented the State.
 On the call of witnesses several of them failed to answer and attachments were im- mediately issued to bring them into court After a few minutes wait 1t was decided to proceed with the trial in belief that the witnesses would appear in time.
 Just before beginning the trial a warrant was sworn out against Mcdonald, charging him with the murder of Joseph Ashby, and the attorneys agreed to let one trial settle both cases.
 Officer Oldham was the first witness and he testified as follows:
 Officer Oldham.
 "I was introduced to Thomas Fitzpatrick last Friday night. He is now dead. I knew Joseph Ashby. I have heard that he is dead. I was at the Peerless saloon soon after the shooting. Dump" Mcdonald told me he killed Fitzpatrick after the shooting in the Peerless saloon. found Fitzpatrick lying on the saloon floor, with a bullet hole in his breast. Mcdonald told me he would give 5000 if he was in Fitzpatrick's place. He told me he got into it on Sandy Cantleberry's account, and had to do it. He told me that Fitzpatrick must not flash pistol at him without using it. Mcdonald said Ashby commenced shooting at him, and he had to shoot in self defense. There were three men on the sidewalk in front of the saloon when I went in. I saw Me Donald on the street before the shooting and he and I saw Sandy Canteberry. Dump said: Sandy Is drunk and Is going to get into trouble, and if he does I will get into it; so I am going to stay away from him. This was two hours before the shooting Saturday morning. I was at Eighteenth street and heard several shots. As reached the door I was told not to go in there, but I went in anyway. My recollection is that Dump told me that Fitzpatrick shot Can- tleberry.
 Cross-Examination
 kirkpatrick and Ashby were drinking early In the night; about 1 o'clock they were boisterous. I told Ashby in a friendly way to keep quiet. I saw these two men in Second alley going toward houses of prostitution understood defendant to say that Fitzpatrick shot Cantleherry. McDon- aid told me he got into it on Sandys &C., count. He said Ashby commenced shooting at him when he shot Fitzpatrick
 Officer McDanieI.
 The next witness was Officer McDaniel. He said:
 q arrested the defendant in the Peerless saloon on Saturday morning. Harral and myself heard the shooting when we were at the corner of Third avenue and Twenti- eth street. When I reached the back door of the Peerless saloon I saw Ashby grab around the shade tree on the sidewalk I grabbed his pistol. He then went back to the door and got his pistol away from me and shot into the saloon. MT. Harral helped me get the pistol back. told him to take charge of Ashby. As I went in I saw Me- Donald standing behind the lunch counter Mcdonald handed me his gun and said: There is another one,' pointing to the side of Fitzpatrick, who was lying on the floor dying. Fitzpatrick's pistol was SS call bre and was loaded all around McDonald's gun was empty Mcdonald first threw his gun on me, but when he saw was an of ficer he said: I did say I would kill the first man who came in the door, but will give my gun to you He politely handed me the gun and said: T done it, but wouldn't have done it for anything in the world There was one loaded chamber in Ashby's gun which I think was n.S shooter.'
 Cross-Examinatioa.
 Cross-Examination-As was. in ny opinion, very drunk. That was after ne was shot.
 Kelley Harris.
 Kelley Harris was then called. He said:
 q live seven miles from Goodwater, Ala. I was at Pratt City Saturday morning." Witness stated he knew nothing what ever of the shooting Solicitor Heflin at- tempted to prove that witness stated in presence of Sheriff Burgin that he was a witness to the shooting. The witness said:
 q told the sheriff something about my seeing the shooting, but I was talking at random, and got arrested for it.
 He was at the Union Passenger Station at the time.
 Chief Austin.
 T knew Joseph Ashby He is dead. I talked with him about the shooting before