The age-herald., 1901-03-12
EVIDENCE NOT SUFFICIENT
Sudden Turn of Case Created
 a Sensation
SEVERAL WITNESSES EXAMINED
Testimony Failed To Connect Either of the Defendants With the Crime, Though There Was Evidence
 Against Suicide Theory.

Bessemer, March 11.-(speciaI.)-A decided sensation was caused in the Foote case this afternoon about 5 o'clock when w. R. Smith, represent ing the prosecution, arose and, ad- dressing the court, said that it was the wish of the prosecution to drop the case, as the evidence was insuf- ficient, in his opinion, to hold the pris- oners. There was a ripple of excite ment, and then Esquire William Jack son arose and dismissed the defend ants.
 The Trial.
 The preliminary trial of Arthur Foote, charged with the murder of his mother, Mrs. Amanda Foote, and the dead wom- ans husband, Charles A. Foote, charged with being an accessory to the crime, opened at 10:3O o'clock this morning be- fore Justice of the Peace William Jack son in Rebie Hall. There were several hundred people present most of the day, including a large number of witnesses. The Foote's arrived from Birmingham on the ten o'clock dummy in charge of Deputy Sheriff John c. Burgin and c. H Cole Accompanying them were c. A. Foote's brothers, T. A and J. C. Foote, from Atlanta. and Attorneys Robert N. Bell of Birmingham and John r. Methen of Atlanta, ". K Smith, recently of Eutaw, now of this city, and J. A. Estes also of. Bessemer handled the prosecution.
 Witnesses Sworn In.
 The following witnesses were sworn: For the prosecution, R. P. Rogers, Dr.. l.. A. Spencer, MT James Judge, w. S, Winters. Charles Kruber, J. D. Williams, Kelly Johnston, Charles s. Davis Al Hastings J. A. Walker, Amelia Myers, Hastings J. A. Walker (colored), Amelia Myers and Cora Peterson.
 For the for the defense: Houston Edge, l.. N. Ball. F. Pastero c. s. Davis, John J. Collins, B. N. Denard, O. F. Quinn, J. Marks Charles Bickart, Thomas Pow CTS J. w. Blower, A. A. Foote, J. c. Foote, T. J. Smith, White Wright, MT. and Mrs J. Estim, Miss Hattie Tower, Mrs. Annie Gentry, Mrs. McKinzie Miss Annie Lou Foote (colored), Emma Fuer- son. Albert Williams, w. D. Anderson.
 The prosecution asked that court ad- journ until 12;45 o'clock, so that they might confer with their witnesses. This was granted.
 The First Witness.
 When court reopened the first witness called was Kelly Johnson, who keeps a meat market in Harrisburg, near the scene of the tragedy. Arthur Foote had been in Johnson's employ several months at the time of Mrs. Foote's death.
 Johnson testified as follows:
 Arthur Foote worked for me at my Tenth avenue market was meat cut ter first saw him day of the killing at about 12. at the market; saw him for a few minutes. He then said he would 20 to his dinner Noticed no blood on his hands, face. or clothes; next saw him at slaughter house, mile and a half out of town.
 Blood On His Face.
 ''He then had small spots of blood on his face. It was the first time defend ant ever went to slaughter house. rave him permission to go with the ne- gro who works at the slaughter house. slaughter cattle by knocking them on the head About 2:30 or 3 o'clock went out after him, because was told his mother was badly hurt. He lived about 200 yards from shop. Was at house after Mrs. Foote was killed: examined table cloth, floor, etc. Walls were sprinkled with blood three feet high. Table cloth and dishes were sprinkled with blood, also yictuals still on table. The body was l.. iod !. ct ip rtt,c between stove and wall.
 Cross Examined.
 ''Foote came to the Tenth avenue mar ket about 12 o'clock. He worked at the city market; was in wagon with two ne- rroes, Jim Hubbard and Jim Anderson. Hubbard asked If Foote could go to the slaughter pen, the regular butcher being sick. Foote went on my permission; caw him next, five minutes to 3, on the way back from the slaughter pen; have butch cred cattle myself; always get blood on me: brought Foote back with he Mrs Scott came and told me to telephone MT q A. Foote that his wife was badly hurt; ; cohldn't reach him by telephones: went down town, but couldn't find him; then drove out after Arthur; brought him to tbe house. He went in and I hitched the horse; several were in the room. Arthur and his sister were there; made inspec- tjon regarding blood spots about that night: Arthur was agitated but showed no sorrow"
 Redirect: Arthur said his mother was all right when he left. I don't get blood on my face when I butcher but some may Got back to the house at BIO
 The next witness called was Al Hast ings. He testified; Worked for Johnson aft Tenth avenue shop. Saw Arthur the day of the killing about 12 o'clock. He came from the city market in a wagon