The age-herald., 1901-10-25
]. H. CASH HELD
 ID GRAND JURY Judge Feagin Renders Partial Opinion in Street Duel Case D0ZIER CASES CONTINUED Attorneys Have Until Saturday to Pro- duce Missing Witness---Judee
 Says All Should Be
 Bound Over.
D0ZlER CASES CONTINUED

John A. Conner, the last witness for the defense in the preliminary investiga- tlon of the Dozier-Cash shooting affair, failed to appear yesterday afternoon. and without concluding the hearing of the Dozier side of the case Judge Feagin de- cided to hold J. H. Cash under a $2OO bond to await the action of the grand jury.
 Dr. Doziers counsel will be given un- til Saturday afternoon at o'clock to produce the witness, and whether he ap- pears or not the case will be finally dis posed of in the Inferior Criminal Court.
 In granting the request for continu- ance, Judge Feagin told the attorneys that in his opinion all of the defendants should be bound over, and he had prac- tically made up his mind on that point as he thought the affair should be inves- tigated by the grand jury. He said how ever, that inasmuch as he had promised MT. Allen. Dr. Dozier's attorney, to hear the witness, he would do so.
 Judge Feagin further stater that he was ready to render decision as to all the defendants, but Dr. Dozier's attorneys remonstrated. and he continued the hear ing of that side of the case until Satur- day.
 Wanted Decision.
 Mir. Bowman, attorney for MT. Cash, urged a decision as to his client, saying that he was willing to admit anything the to IIn cot he was willing to rest his case on what the witnesses for the Doziers swore to. He argued that outside of the two Doziefs thNmselves the testimony all showed that MT. Cash was assaulted by the doctors, and was driven into the street; that they then followed him up, and when he did draw his weapon 1t was @ clear case of self-defense. MT. Bowman said his client should be discharged if the court believed the evidence offered by the state or the defense.
 As MT. Bowman concluded his argu- ment Solicitor Hefiin said from MT. Bow mans own admissions of the evidence all of the defendants should be held. He said the matter should be investigated by the grand jury.
 Judge Feagin then announced that he would bind MT. Cash over under a $20O bond As the previous bond under which Mr. Cash. was held during the hearing was $500 the judge said he presumed the young man would have no trouble in immediately making smaller one.
 Dr. o. T. Dozier, Dr. Byron Dozier and J. H. Cash were tried jointly but under separate charges. Dr. Byron Dozier and MT. Cash are charged with assault with Intent to murder while Dr. o. T. Dozier is charged with assault with a weapon, it being charged that he used a stick during the fight. Under the Alabama statute assault with intent to murder is felony while assault with a weapon Is a misdemeanor.
 As Joint Defendants.
 The trial of the case was peculiar in that Mr. Cash and the two Doziers' were tried as joint defendants but represented by different counsel and with opposing interests. In other words each side was trying to fix the blame for the sensa- tional affair of last Friday on the other, while the state endeavored to fix the blame on both.
 Judge Feagin has made the case still more interesting and unique by rendering a decision to one defendant and continu- ing the trial for the others