The Montgomery advertiser., 1901-08-13


 turned northeast. looking toward Mays book stand. When the witness saw Crossland he was coming from a south. east direction. Not a word was passed between Crossiand and Wiley before Wiley was struck. Did not see Cross land shootfWiley and did not hear any thing said by either of the men. He saw Crosslsnd pull something from his pocket. He was eight or ten feet from Wiley. Did not see Wiley have any | weapon except the whip whi:n he LOOK from Crossland's hands. The witness testified that In his opinion 1t was pcs s,ble for person to see Wiley and him. self from Crossland's office. l Cross examined--It would depend en-
 tirely on the ligh.s as to whether it was possible to see from Crossland s office to the Farley Bank Building. lie first saw Crossland when he was about ten feet from Wiley and himself. He was in front of Mays news stand. The | witness did no: call Wiley's attention | to the approach Of Crossland. There was nothing about Crossland's appear 1 ance to attract attention. Crosslaud struck Wiley with his fists about half e dozen times before Wiley got up. | Wiley, as soon as he got up. got on the sidewalk and they fought from there | to Court Square. Saw Crossland take | the whip from the socket of the car riage and strike Wiley with 1t twice. Just before this time Judge Tarver had separated them. Wiley was not ad- l vancing when Cross!and got the whip. Wiley grasped the whip from Cross- land and struck at Crossland with the whip. To his best recollection, Captain Allen said Wiley used an opprobriouS epithet before Crossland got the whip. At the time Crossland fired Crossland was backing. but Wiley was not follow ing him. They were not fighting when the pistol was fired. Judge Tarver had stick in the fray, but witness dd not know whether Captain Wiley got hold of it.
 Direct Examination-Capta Allen swore that 1t appeared to him Dr. Crossland put his hand to his right hip pocket, but he did not See the pistol. In his judgment Dr. Crossland is six feet three or four inches tall. He is large man and is we'll proportioped. . He is about 35 years old and weighs about 250 pounds. Captain Wiley is very near SIX feet tall and weighs about l45 pounds.
 By Judge Winter-Captain Allen swore he was about fifteen feet from the combatants.
 Judge B. c. Tarver.
 The next witness was Judge B. C.. Tarver, Recorder of Montgomery. Ex- amined by Mr. Harmon, Judge Tar yer swore that he was present We'd nesGay night when pr. Crossland shot Captain Wiley. It occurred about 10 o'clock at night.
 Judge Tarver then recounted the story of the figat and his efforts to S6n1r9ta the pnn1hatantc momentary separa ton and the fight began again. He heard Wiley say: You made a cowardly attack on me; you - - -" and Crossland rushed back to hack and got a whip end struck Wiley across the head with it. Wiley grasped the whip and struck Crossland with the lash end about the shoulder Henry EngeIhardt had come up and tried to hold Crossland, but he jerked loose and said: You hit me with that whip and I'll shoot you" and made a motion with his right hand toward his right side. He returned his hand with a pistol and fired. Couldn't say If he aimed directly but was posi- tive that the pistol was on level. Wi ley was fully ten feet from Crossland and standing perfectly still. Judge Tar yer said he stepped between the com DdldAtS. NIOSSLdtlu away SIOW- ly. If Wiley said anything the wit ness did not hear him. After Cross land fired he dropped the pistol to his side.
 Judge Tarver swore he could not re- call if pr. Crossland undertook to fire a second time.
 Judge Winter examined Judge Tarver as to the intermissions in the fight and said Captain Wiley said: You made a cowardly attack on me, you - - -" and Crossland struck him with the whip. Engelhardt was holding Crossland but Crossland got away and fired at Wiley. He did notdhcar Cross land say: If you strike me I'll shoot you" He said. You have struck me and I'll shoot you" Judge Tarver said in the renewals of the fight he could not say which of the combatants was the aggressor.
 Redirect by MT. Harmon--Judge Tar yer said he had a light walking cane which he said he dropped on the ground. He found 1t later at a ware house near the river. The intermissions during the fight were not long enough for the combatants to get breath.
 By Judge Winter-Captain Wiley ap- piled the epithet the last time just be- fore CroSsland shot. Does not remem- her whether he dropped his stick or whether some one took it away from him.
 At this point Judge Fuller announced that the court would recess until 1 o'clock.
 J. F. Cheatham.
 Jesse F. Cheatham. a street car mo- torman, was then called. He testified that he saw the difficulty between Crossland and Wiley He was standing on Court Square. He told about the difficulty leading up to the shooting. Was about thirty five feet away from the participants and saw Grassland take the pistol from his right hip pocket. His coat was long enough to conceal the pistol. After the shooting Cheatham said Crossland walked at a medium gait toward his office When he got fo the street car track Crossland put his pistol back into his pocket. Wiley was about twelve feet from Crossland when he was shot Wiley had the whip in his hand but dropped 1t when he was shot. When Crossland fired the pistol he dropped the weapon to his side. but raised it again. At this point Judge Tarver rushed in and said: Stop. you've shot him. Don't shoot again" The electric lights were burn ing and the witness could plainly see the difficulty
 Cross examined by Judge Winter. Chcatham testified that when Crossland to strike. He said he was positive 4t .I AI,n