The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-04-16
Getting j. Jury.

Burke, VINO at the time was ABOUT twenty
feet off.
Getting Jury.
Strike the juryp said the judge
The first juror called, Mr.. James M
oliver. was excused because he said he
had a fixed opinion as to the prisoners
guilt or innocence Mr.. w. J. Long, Mr..
William Pitts Mr.. James Adams, Mr.
Charles A Moffett, Mr.. Thomas A. Will
son, Mr.. ]. L. Speaker, Mr.. Edward
j. Thornton and others were excused for
the same reason.
Mr. Charles M. Cory was the first juror
accepted. Others were chosen as follows:
Mr.. j. H. Robertson, Mr. William ]. Dan
gaix, Mr.. Boiler Palmer, Mr. w. e. Sor-
rell, Mr.. ]. r. Ellard, Mr.. w. D. Bains,
Mr.. j. w. Clarke, Mr.. ]. C. Hartsfield,
Mr.. VIII Smith and Mr. g. w. Everett.
At this point the venire of thirty-six
jurors was exhausted by those who were
excused for one reason or another and
new names had to be drawn by the Judge
and the jurors summoned Court ad-
journed until o'clock.
Court reconvened at 2 o'clock and Mr..
T. H. Benners was chosen as the twelfth
juror. The jury and all the witnesses
were then sworn.
Eye Witness TestiHes.
Mr.. c. e. Cochran, the first witness
testified that the defendant shot police
man William p. Walton on the night of
March Is. He was on Fourteenth street
and Policeman Walton came by and ask
ed him to take a walk At Thirteenth
we met a negro named John Brown who
said Webb had threatened his life ana
asked Policeman Walton to arrest him.
We started to the house on Norris ave-
nue. where Webb was and entered the
hallway and raped on the door, and
said "open the door, JIM" In mo-
ment the door flew open and Jim COM
meneed to shoot. Mr.. Walton fired once
after Jim Webb shot. Jim's second shot
struck Mr.. Walton and the latter turned
to me and said, HE has killed me" He
died in a few moments. Meanwhile Jim
had gotten out of the room by means of
window. We caught him later under
house nearby. l went with Mr. Walton
because he was going in the direction OF
my house and to be of any assistance to
him that | could. Mr.. Walton told me
once that he knew Jim, and that the lat
ter knew him. John Brown pointed out
the door to Jims room and said, Fheres
his ROOM" Mr.. Walton bumped the
door with his knee and 1t flew open. He
was shot through the heart.
Questioned About Drinks.
On cross examination witness was ask
ed how many drinks he had taken that
night He said he did not know exactly
but that he had taken two. Asked what
kind of whisky it was he said he did not
know, that he was not judge OF WHISKY.
Lille PAGE a negro woman, was the
second witness. She testified that she was
present when Policeman Walton was shot
and saw Jim Webb shoot twice Jim was
in her room and after the shooting he
got out of the window. 1t was late In
the afternoon when 1t happened and 1t
was quite dark She did not know the po-
liceman was there until the shooting was
over and she saw his dead body.
John Brown colored testified that he
had gone after Policeman Walton be-
cause Jim Webb had put his pistol In his
face at Lille Pages house and ordered
him from the house. When Mr. walton
came to the door he told Jim that ne
was an officer and to open the door. AS
soon as the door flew open Jim began
shooting and I ran Mr.. Cochran, Mr..
Walton. and myself went into the house
together called to Lille Page and ask
ed her If Jim was in the room and she
said yes Then the policeman knocked on
the door and told jim to open It,
Knew He Was an Officer.
Deputy Sheriff w. L. Love testified that
while carrying Jim Webb from the jail
to Justice of the Peace Abernathys Of
flee to have him arraigned, Webb said,
in reply to aquestion as to why he had
killed Mr.. Walton, that If he had known
1t was Mr.. Walton he would not have
shot him. That he simply saw 1t was a
policeman and fired.
Mr. Clyde Ennss testified that he was
present on this occasion and corrobor-
ated testimony of Deputy Sheriff Love.
Policeman W. E. Burke testified that
when he first saw the door to Lille
Pages room after the shooting that 1t
was on the hinges. A day or two later
it was standing in the corner
Chief of Police Austin testified that in
a conversation with Jim Webb shortly
after the shooting he admitted the shoot
ing and said he guessed they would hang
him. He also told about arresting Webb
the night of the killing underneath a
house in the rear of the one in which
the shooting occurred.
Policeman Cole testified that he was
present when Jim Webb made state
ment about killing Mr.. Walton and when
he said he guessed they would hang
him.
Policeman Richardson testified that he
was at Lille Pages house soon after
the killing, and that the door was on its
hinges that soon after the killing de-
PENDANT admitted shooting Mr.. Walton
and said that he guessed they would hang
him for 1t.
Policeman Oswald testified that soon
after the killing he saw the door at the
head of the steps where Mr.. Walton was
killed, and that 1t was standing on its
hinges.
Policeman Maloney testified to the same
effect. When his testimony was conciud-
ed the state closed.
Matilda Smith, colored, wife of George
Smith, a negro preacher. who lives at
the house where the killing occurred
was the first witness for the defense. She
was shown a diagram of the house, show
ing Lille Pages room, and testified that
1t was correct. She said she was in the
house the night John Brown left and
went after a policeman. When he came
back she called to him but he went on
upstairs, and the next thing she heard
was the shooting. The door to the room
when she saw 1t next morning was
broken down.
George Smith. colored, testified that he
was not at home the night of the killing.
but that when he got home Wednesday
the door was broken off its hinges.
The defense introduced several other
witnesses to prove that the door leading
into Lille Pages room had been knock
ed In instead of being opened from with
in.
Thought Walton Was Brown.
The defendant took the stand and said
he shot at John Brown as he thought.
Brown was coming back to shoot him.
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