The Montgomery advertiser., 1901-08-13

land left the scene and walked in a rapid gait towards his office. Cross examined by Judge Winter Englehardt swore that when Wiley struck Crossland with the whip Cross l land was backing away from him. Crossland pulled his pistol and took al least ten or fifteen seconds in aiming Wiley looked directly at him. Wiley did not say a word. Englehardt said he was of an excitable nature. but was not greatly excited during the difficulty He said he was an intimate friend oi Captain Wiley. Ht is also friend ol | Dr. Crossland.
 B, B. Treadwell was the next witness | He swore that he was with MT. Engel- hardt when he saw the difficulty. He called the atte enticn of Englehardt and exclaimed, Look at those fellows fight ing-the big fellow and the little one | He detailed the story of the fight and the words which passed between Cross land and Wiley. He said Crossland started to shoot Wiley the second time and Treadwell said he tried to get Wi ley behind a bootblack stand. Subse- quently he swore that Crossland did not raise the pistol higher than his waist the second time. Treadwell swore that Wiley was slowly backing when he was shot. Wileye said: You cow ard. you are not game enough to shoot again." Crossland. with the pistol in his hand, walked toward his office.
 Cross examined by Judge Winter. Mir. Treadwell said that he saw Judge Tar yer and Mir. Engelhardt separate the combatants They were separated twice. Crossland hit Wiley with the whip over the head of Judge Tarver and MT. Engelhardt. He heard Cross land say, "If you hit me with that whip. I'll kill you" Crossand pulled his pistol. steadied his arm and fired. He was about twenty feet from Wiley. When Crossland got the whip, Wiley said, "If you hit me with that whip, you -, I'll kill you
 Redirect by MT. Harmon--Mr. Treadwell testified that there was not sufficient separation enough to be called
 By Judge Winter-Captain Wiley had the whip in his hand, but did not have 1t raised higher than his head.
 Warren F. Dent.
 Warren F. Dent was then examined. He is a travelling salesman. He swore that he travelled with Dr. Crossland from Birmingham to Montgomery about a week before the shooting. MT. Dent swore that he had sat with Dr.. Crossland on the train and talked with him. He said he had remarked to Dr. Crossland that Captain Wiley had been appointed to a place in the army. Dr.. Crossland. he said. replied that Captain Wiley would not pass the examination: that he was a coward. He added that Captain Wiley was a coward by inheri- tance; that he got it from his ancestors on both sides of his house.
 Judge Winter moved to rule out this evidence, and this brought out the first speech of the trial.
 MT. Harmon Makes Speech.
 Mir. Harmon addressed the court. He said 1t showed the malice that Dr. Clossland bore toward Captain Wiley. He said he bore Captain Wiley ill-will and hatred. He did not mince words in discussing the action of Dr. Cross land. He declared that it was an un- provoked assault in the back by bully on a mere slender boy.
 Judge Winter said he did not propose to make a speech to the crowd. He said he would address himself to the court and the law. He said the testi- mony was irrelevant. He said the declaration was merely one of opinion and had no bearing upon the case.
 Judge Fuller ruled that the evidence was competent and Mir. Dent was ex- cused.
 John W. Powell was the next witness. He testified that he was standing on Knabes corner when the difficulty be- gan He saw Crosslsnd walk out in the light and fire pistol.
 Mir Powell was not examined by Judge Winter.
 The Negro Hackman.
 John Armstrong. a negro hackman' took the stand. He said he was the driver of hack No. 31 and saw the difficulty between Dr. Crossland and Captain Wiley. It became a running fight and Dr. Crossland was kicking Captain Wiley. Dr. Crossland went to his hack and got the whip and struck Captain Wiley with the butt end of the whip. The whip was shown the wit ness. The negro demonstrated with the whip how pr. Crossland struck Captain Wiley. He then told about Captain Wiley wrestling the whip from the hands of Dr. Crossland and about the shooting.
 The whip was introduced in evidence.
 Cross examined by Judge Winter. the struck Dr. Crcssland. and said after
 
 him.
 Julius Isaacs.
 Julius Isaacs testified that he saw the difficulty. He said he was sitting on the railing of the Farley Bank. He de- tailed the fight and the words that passed between Crcssland and Wiley. He took the whip and showed how il was used. He showed that Wiley had the whip ready to strike when he was shot, but he was not dose enough 10 Crossland to hit him. He saw Cross land reach to his right hip pocket, but did not see where he get the pistol. After Wiley was shot he said You're a dirty coward" Crossland did not make any motion to shoot a second time.
 Cross Examined-Wiley and Cross land were about ten feet apart when Wiley was shot, and Wiley was in the act of striking at Grassland with the whip. Crossland did not pull the pistol and fire quickly. He aimed for second or two.
 Dr. Wilkersonl Examined.
 Dr. w. M Wilkerson. to whose office Captain Wiley went after the shooting testified that he found him suffering from d pis ol shot wound in the left breast. The bullet entered about two inches above the right nip pie and ranged almost straight and came cut under the shoulder blade. He the range of the bullet. In hls judgmen. it was a 3s-calibre bullet. The wound might have been dangerous, and would have caused death if it had struck an artery. If nerve had been