The Montgomery advertiser., 1901-07-26

and asked Judge 0aston what the ar l ticle was? He told me that they were discussing an article in The Advertiser | relative to me. then went to my of- | flee and sent for a paper. as I do not take 1t. and after securing 1t, read it over several times. While I was read- ing 1t Mir. Wiley Hill came in and we
 sat and discussed 1t some moments.
 concluded to get Judge sayre to write | out what my duties as the County Court Solicitor were. I went to look
 for Judge Sayre and went to his home. Not finding him there I came back down town and found him at Knabe's Corner. then got him to go around | to my office end he asked for the acts and the statutes. He made an inves- tiRation and then wrote the letter that I afterwards had published in The Ad- vertiser. When l was going to hunt for Judge Sayre. went by my broth CTS office. Drs. l.. l.. and R. S. Hill, and told them the decision that had
 reached and they said that they thought it was better than for me to see MT. Glass about it. After the ar- ticle was written in my office l sent it to The Advertiser oftice. The next morning I got The Advertiser and read 1t, About o'clock went to The Advertiser office and failed to find either Major Screws or MT. Glass there. During the day did not see Mir. Glass. though l passed by Tho Ad- vertiser office several times in attend ing to my business. That night went to my office and soon Captain Seiden came in to see me in regard to some business in regard to his wife's estate. Captain Ben. Screws came in the of- -A C., pRnha lag half an hour. While he was there we talked on various subjects and after
 he left the office MT. selden informed me that The Advertiser people said that they were going to make 1t as hot
 for me as they did for Kolb or John
 ston.
 -(Mr. Lomax objects. rhe, ,court susT l tained the ob1ection) ft Mir. Wiley Hill and myself talked for | few moments. don't know how long. | I decided to see MT. Glass before an- | other issue of The Advertiser came out, walked on down the street and stood
 near Alexander & Spann's drug store. 1 then came back and stood In the en- | trance of the Louisville and Nashville Railroad law department. Among oth- CTS who passed were MT. McIyer and think Captain Pollard and Judge Winter. Probably stayed there an hour and a half.
 | c. Where were you when you first saw Mir Glass and Major Screws? A. | was standing near the corner of
 Dexter Avenue and Perry Street on
 the outer edge of the sidewalk near @
 telephone post or some post near the
 corner. S
 Q. Who was standing there?. A. MT. Wiley Hill, Captain Selden and
 myself. While standing there I ob-
 served Major Screws. MT. Glass and
 four or five other men coming down the street. c. In what order were they coming? | 4. My recollection is that they were four or five abreast.
 Q. Tell the jury what took place
 then? A. I came up the street to
 meet those gentlemen. Mir. Glass was
 on the inner side. next to the wall. and | I was on the inner side also. My rec ollection Is that when we met each
 other we were about the entrance to
 the rear of the drug store. stepped a
 little to- the front and spoke to MT. | Glass. I think told him I wanted to
 speak to him and he drew back and I struck him. I struck him with a walking cane. When l struck him, Major Screws ran around and grasped me. Major Screws was hollering po- lice. When they grasped me I went on | to MT. Glass the best could, and
 while being held I was struck on the
 back of the head, While they had me | pulled a pistol and told Mir. Glass if | he struck me while I was being held
 that l would kill him. He then, paid | he was unarmed.
 c. What happened then? A. We then fought along up the street and
 Mir. Glass got in little cut out in the entrance of pr. Gastoa's office. got
 Mir. Glass in there and hit him a num-
 Der of time until we were separated.
 Then. after we were separated and we were up the street a piece I wanted
 to look for my hat. MT. Will Murphy
 lent me his. had lost mine.
 c. What kind of a pistol was yours,
 MT. Hill? A. Mine was an improved
 Smith & Wesson. blue steel.
 Q. Did you see Drs. R. S. and l.. L.
 Hill? A. No. sir; not until after 'it was all over.
 c. Where were you when they came up? A. Fighting with MT. Glass. Q. Did you say anything to L. L. or R .S. Hill about going to have a fight with MT. Frank Glass that night? :? A. did not.
 Q. I will ask you the direct ques. ton. was there an agreement retween you and Mir. Wiley Hill and Drs. l.. L. and R.. s. Hill to attack Mir. Glass on the night in question? A. No, sir.
 Q. You told them that you were go- ing to wait for him. did you not? A. No. sir.
 Q. Did you have any conference with them the day you had the difficulty? A. No, sir.
 Q. Did you know anything about whether they were in the neighbor- hood? A. No. sir,
 Q. Did not know that they were in the neighborhood, did you? A. I knew MT. Wiley Hill was there, but did not know the others were. did not see them until afterwards.
 Q. You mean after the fight was over? 4. Yes, sir; after the fight was all over.
 O. MT. Hill, Major Screws refused to publish your return to the city after you had returned. did he not? A. Yes sir.
 Q. Just tell the jury what it was and all about 1t. A. He put a notice in the paper to the effect that I had left town, and after my rettirn,' aske ed him to publish that had returned. called him up over the telephone, and I asked who is that. and he says, Major Screws. Then I asked him if he would insert a notice in The Adver- tiser. that I had returned to Montgom- cry. and he said he would if would pay for it.
 c. Prior to this time, had you ever