The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-16
CLAIM SUDDUTH
LAUGHED AFTER
He SHOT AUSTIN
Deceased Told Slayer He Did
Not Have Nerve to
Shoot
FATAL SHOT THEN FIRED
Mrs. Higenbetham Of Morris EnliVens
the Proceedings BY Telling So
lieitor Helm He Must
Not Get Pert.
FATAL SHOT THEN FIRED

The trial of Pete sudduth for the al
legged murder of Charles Austin was re-
sumed in the Criminal Court at $3.50
o'clock esterday morning. Several
women were present. among them the
widow of Charles Austin. The entire day
was spent in the taking of testimony.
J. w Brooks was the first witness
called. He testified that Sudduth called
to. Austin who was on the postoffice
sttps, to come over The latter ap-
preached and Sudduth said: Take your
hands out of your pockets and said
the witness. Mr.. Austin taken EN- out
an drapt 'em by his side" Mr.. Sudduth
then asked him to explain himself and
Austin said he wasn't going to explain
anything Sudduth then said. How do
you want it?" and Austin said, Amy
way you please" He also told Sudduth
he didn't have nerve enough to shoot
anything, and then Sudduth shot him.
The witness also testified that Austin
approached Sudduth alone. and. that Sam
Fawcett was not with him; that sudduth
said after the shooting that he, was hap
Ply over what he had done.
Describes First Trouble.
Fred Wilson, young boy. was then
put on the stand He said that the first
trouble between the men occurred about
IL o'clock and the shooting about 8
o'clock. Shortly after the first difficulty
Sudduth walked home, but returned later
in a buggy. At the first difficulty Austin
said to Sudduth: ''If you said it you are
--." Suddutt replied. II didn't
say It," Austin then said: IF you did
say 1t you are a cowafdly -"
Sudduth then replied: tIll see you later"
apd walked Off
Win Moore testified that he got to
Morris after the shooting was over; that
Austin tried TO borrow his pistol that
morning. saying he had to go to his
mother-in-laws
Got the Letters Mixed.
Call Mr. Little the next Witness" said
Solicitor Heflin.
Which one?' asked the Judge there
are about three OF four of them"
THE young one with glasses said the
solicitor.
This Mr.. Little and his glasses then ap-
peared
rs your name Mr.. Little?" he was
asked.
at is replied the witness-"virgIl Lit
tie"
The witness then proceeded to give a lit
tie virgil and told in cross-examination
how Mr.. Austin had said to Sudduth
that he would shoot It out or cut 1t out
either way he preferred Austin seemed
willing to oblige Mr.. Sudduth in the mat
ter of settling the difficulty. He also
told as had other witnesses how Austin
over 1t and said the Lord was on his
side
Do you know r. j, Little?" he was
asked on cross examination,
The witness owned up to knowing him
and was then asked what r, j.. Titles
reputation for truth and veracity was.
He replied it was bad. He had heard
his brothers and uncles talk of him and
his reputation In the family was very
bad.
Ever hear anybody else talk of his
truthfulness9' asked the solicitor
That's pinning me down pretty tight"
said the witness.
That's what l want to do said the
solicitor.
He was then asked by defendants at
torney II r. ]. Little wasn't generally
spoken of as lying Bob Little"
well, I can't exactly go that far"
said the witness, though wouldn't be-
lieve him on oath about anything In
which he was Interested"
Got Postal for Austin.
Brady Cooper testified that he got Will
Moores pistol out or the engineroom for
Austin the day of the killing and that
Austin shot the pistol practicing at
mark on a tree.
Mrs. A. b. Higginbotham the first fe-
male witness and the first witness for the
defense, was then put on the stand. The
State was not through with its witnesses
Mrs. Higginbothan was sick and wanted
to go home. so she was allowed to testify
at that time. While testlfying she wore
HoueSpuH POKE Donnet VI the latest
Morris fashion.
She said she lived at Morris and was
down In the patch in the corner of the
fence at the time the shooting occurred.
She was interrupted at this point with a
question. fst
Now, you gp,ine to tangie me up" she
said, land / can't tell IT,"
"All right go on" said the attorney.
Proceeding, she related the occurrence
much as other witnesses had told It,
How far were you from the menu"
she was asked on cross-examination.
Had Not Measured 1t.
Now. really, / ain.t competent ter an
swer that question. fur I really haint
measured it." she said. sf
What were you doing there?"
gathern' a little bark W
Whom did you toll that you saw this
kllling?"
II never told nobody. an don't know
how they got me into this here case"
What did you do after the shooting?,,
II went into the house and got supper
and MIXED the cows"
Didn't somebody ask you to testify
for sudduth. and didn't you say you
want going to tell any lies?" asked So
licitor Helm