The age-herald., 1901-10-05
SAYS HE SAW NORTH FIRE FATAL SHOT testimony of Man Who Was
 With BlankenShip TESTIMONY FOR STATE IN Defense In St. Clair County Case Be- gins Submitting Evidence-sun-
 day Session of Court
 VIII Be Held.
TESTIMONY FOR STATE IN

Ashville, October 4.-(SpeciaD-The pre- liminary trial of Sheriff James North who is charged with murder in connection with the killing of Walter Blankenship at the time of the trial of Jim Brown, is nearing its end and probably will be concluded by noon Monday.
 Testimony for the state is all in and some testimony for the defense was heard this afternoon. In order to dis pose of the case at the earliest possible moment Justice of the Peace Presley, be- fore whom the preliminary trial Is being heard, has agreed to hold a session of the court on Sunday. It is believed that by doing this verdict can ue reached by noon Monday.
 What Is considered the most damaging testimony against the defendent yet heard was that of Hart Ensley who was with Blankenship at the time he was shot. He testified that he saw Sheriff North when the latter fired the shot that killed Blankenship. Another important witness was Isaac Ensley, brother of Hart Ensley who was also present at the time of the shooting.
 Hart Ensley Testifles-
 The most important witness yet in- troduced by the state was Hart Ensley who was with Walter Blankenship at the time of the shooting. He was on the was very damaging to the defendent. He testified that he was looking Sheriff North in the eye when he shot Walter Blankenship, was leaning against him when he fell. Walter said he would help guard the prisoner at his own expense.
 'I saw MT. North shoot him, was look ing him (North) in the eye; saw no ef- fort made to assault the court house.
 Sheriff North was in a winoow at the left leaving the court room when he shot There were two others in the window at the time. All had weapons. At the time that Blankenship was shot the crowd in the court yard seemed to be very quiet Had seen no effort at any time during the day of an assault upon the court house. CWitness shown haD That Is the hat Blankenship wore when he was shot. Several shots were fired after Walter fell" After he fell two bullets went about a foot over him.
 Cross examinations: Blankenship and I were friends Don't know whose gun he had nor where 1t came from. I did not ever lend Walter Blankenship a gun to shoot any one with.
 "I want the defendent punished for kill ing Blankenship. 1 had no weapon that day.
 Saw No Effort of Assault.
 J. c. Johnson testified that at no time during the day of the trial did he see any individual make any effort to as- o,,If ha was on trial. Heard Henry Blankenship, the father of the boys, telling them not to have anything to do with the mob. Blankenship fell on the fourth shot fired. Never saw where shots came from. Blan- kenship fell very soon after North waved pistol He volunteered to guard the pris- oner.
 George Truss of Springville, who was one of the guards, testified he was in the courthouse and that his gun was acci- dentally fired. W. s. Founder said to us: Get ready, the mob is coming" Did not hear the defendant say: Shoot! shoot!" When I came in court room at time of shooting, I think North was on the west side of the court room. He had a pistol in his hand. The witness stated that he had just heard of his store being de- stroyed by fire last night and that he was extremely nervous.
 Charley Mitchell and M. S. Vineyard who were in Ashville at the time of the shooting. testified.
 Isaac Ensley testified that he heard Walter Blankenship volunteer to guard the prisoner. He then unbreeched his shot gun which he had and took the shells out. Saw North and two other men in the window at the time Blankenship fell. He had a pistol and I saw him fire towards Walter. Soon as I heard the report I turned and saw Walter fall
 Testimony for Defense.
 J. T. Greene, the first witness for the courthouse yard at the time the shooting occurred. When the firing commenced the crowd ran to their wagons. He told of the speeches made advising the crowd not to assault the jail.
 N. A. Hood, clerk of the court testified that as well as he could remember Henry Blankenship said all those who thought that they could take the negro Brown to step to a certain place. Probably forty stepped aside
 MT. Hood said that every one obeyed the orders of the judge.
 William Shaw testified that he met Blankenship seven or eight years ago when he had some trouble near Ashyille Heard that remark was made to the effect that if the negro Jim Brown hit the ground he would be killed. Judge Forman.
 w. s. Forman, probate judge, swore that the crowd wanted the negro hanged publicly. He thought he heard Walter Blankenship say he would help guard Brown. 'It seems to me 1t was about