The age-herald., 1901-10-23
NJ ONE KNOWS WHO FIRED FIRST SHOT IN FRIDAY DUEL Preliminary Hearing in Cases of Cash and the De-
 ziers Begins WITNESSES FOR THE STATE Cash Testlfes That the Elder Dozler Chased Him With Stick
 After the Firing Had
 Ceased.
WITNESSES FOR THE STATE

The preliminary hearing in the cases of Dr. O. T. Dozier, Dr. Byron Dozier and J. Hixon Cash, growing out of the shoot ing affray of last Friday morning, was begun in the Inferior Criminal Court last night. At 10 o'clock eight witnesses had been examined, and as there were several more to be heard, an adjournment was taken until 4:3o o'clock this afternoon.
 All of the defendants are held on charges of assault with weapon, and the cases are being Jointly tried.
 The trial is peculiarly interesting from the fact that both sides are represented by strong legal talent while the state also has a representative. One of the at- torneys expressed it as "a three-cornered affair, with all corners busy" The Doz- iers are represented by Attorneys Allen, Bush and Carr; Mr. Cash by Attorneys Bowman and Rudolph. and the state by MT. Mcqueen.
 Testimony for State. The witnesses examined last night were all for the state, and were eye-witnesses to either the shooting or the fisticuff
  that both Dr. Byron Dozier and J. H. Cash participated in the shooting. while Dr. o. T. Dozier struck MT. Cash over the head with a walking cane after the firing had ceased. The attorneys made repeated efforts to ascertain who fired the first shot, but without success
 J. H. Cash, one of the defendants, told his version of the affair, but said he could not state positively who fired the first shot. He said when the Doziers first ac- costed him Byron struslS him on the face with his arm, while the elder Dozier hit him with stick. He said by this time Byron Dozier had pulled his gun and he drew his, and they fired almost simultan- eously.
 Night Clerk Testlfies.
 c. D. Lanier, night clerk at the Metro politan Hotel was the first witness for the State. He said on the day of the shooting he was in the Florence Hotel door and saw MT. Cash backing off the sidewalk with his hand on his pocket and two other men going toward him. Witness said he didn't know either of the men, but was told they were Mir. Cash and
 
 tell who pulled his pistol first. When he saw the guns come out he hurried back into the hotel After the shooting he saw the elder pr. Dozier strike at Cash with stick. To the best of his recollec- tion there were nine or ten shots fred
 On being again questioned about the beginning of the fight Mir. Lanier said Cash was backing toward the sidewalk with the other two men following him. Witness said the men drew their pistols about the same time. and he couldn't tell which one fired first. As the pistols were fired witness went into the hotel When he came out young Dozier had hold of MT. Cash and the old gentleman struck Cash with a stick.
 On cross-examination by MT. Allen MT. Lanier said he had quit work at the Metropolitan Hotel and had walked over to the Florence, as was his custom. When he first saw Cash he was backing off the sidewalk over towards MT. Pizitzs store. He had seen none of the defendants be- fore this time. Cash was facing the cigar stand and the other two men were facing Pizitzs. The younger Dozier and MT. CaSn naQ piStolS aHu tHe eiuer Dozler had stick.
 Men Eight Feet Apart.
 According to his judgment the men were about eight feet apart when the pistols were drawn. When he came out of the hotel the men were all together on Pizitzs corner. He was positive there were no shots fired while the men were standing on the sidewalk. He did not see a man named Ginster, nor did he re- member seeing a woman going towards the postoff1ce. He stood behind the vesti- bule doors in the hotel entrance during the shooting. He could not tell how many men were shooting.
 j. w. Wilkinson TestIfles.
 J. W. Wilkinson was the next witness, and said his home is in Pulaski, Tenn. He said he saw the shooting last Friday, but did not know the men participating in the affair. His attention was attracted by the firing and there were two men shooting and the third man was running around with a walking cane. After the shooting the man with the cane attacked one of the men, who threw his gun at him. The man who seemed to be on the side to himself threw the gun. He was struck by the cane after throwing his pistol. Witness said the other man was following up the third man striking at him with his gun. Mir. Wilkinson says he Is employed by the City Directory Company. He said there were several persons between him and the men who. . were doing the shooting The men were