The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-15
Witnesses Tell Of the killing
Of Charles Austin at
Morris
''LIE THAR, D--NYOU," SAID
SUDOUTH AFTER FIRING
Lawyers Put Pointed Questions to One
Witness About HE Drinking Ca
paoity-Dld Not Deny the
Soft Impeachment.

All yesterday morning was consumed
by the Criminal Court in getting a jury
to decide the fate of Pete Sudduth,
charged with the killing of Charles AUS
tin. The jury follows:
j. w. SELF.
JAMES H. DOWNEY.
w. S. WELLS
j. A. GOoDSON.
CHARLES L. DowNEY.
]. v. NORRIS.
A. P. O'NEILL.
F. NJ. FOSTER.
D. d. COURSON.
CHARLES d. PERRY.
RUFUS CRAWFORD.
CHARLES WOOD.
Sudduth is tall and lank and a man
apparently so years of age He has been
thin seems to be in good health. While
in jail he has behaved SO well that he
has been made ''trusty.'
When court reconvened at 2:30 O'Clock
Solicitor H. P. Heflin read the Indictment
to the jury. The defendants attorney.
Lee Bradley, then stated to the jury that
his client had filed two pleas, one Of not
guilty and one of not guilty by reason OF
insanity at the time mo other state
ments were made and the introduction of
testimony was begun. The defendant, be-
sides Lee Bradley, Is represented by
State Senator Hugh Morrow and At
torney John Shugart.
Saw Killing of Austin.
w. B. Sharrett was the first witness.
He testified that he was nearby and saw
the defendant shoot and kill Austin. The
two had some words which he did not
hear, and they were about five feet apart
when Sudduth shot. Austin did nothing
to Sudduth before he was shot. After
wards there was little scuffle between
the two. Austin then died In a few min
utes and Sudduth walked away. Austin
had nothing in his hands. :.
On discrimination he said that Sud-
duth was standing In the street and
Austin walked up to him. Their talk
sounded as If they were angry. AUS
tins left hand was raised. He was physi-
cally very powerful man. Sudduth was
iCeu Illiil at Tie lliilt anu III Dda
health. He was older than Austin. The
latter approached Sudduth from the d.
rection of the postofice. which was about
fifty yards away from where Sudduth
was. He knew nothing of a previous
difficulty between them that morning.
Austin was shot just above the heart
There were no powder burns on his cloth
inc ha nnffCad 10 ta1naA q
tin out and did not see his pistol
Saw Men Come Together.
Sam Fawcett testified that he was pres
ent at the shooting. Sudduth had called
to Austin at the postoffice to come UP to
him like a man. Austin replied that he
would. He then approached Sudduth and
told Sudduth he did not believe he was
man enough to shoot. When he was with
In six feet Sudduth told him to stop. He
then asked him (Austln) to repeat what
that time Austin had nothing In his
hand. Witness thought the pistol which
Sudduth used was a 80. He only shot once
Austin then grabbed the pistol with his
left hand and tried to take it. Sudduth
stated after the shooting that it was not
caused by whisky and that he felt un-
happy about 1t.
On cross examination witness said he
was within eight or nine feet of the men
at the time of the shooting He had been
standing by Austin at the postoffce.
They walked over together to where Sud-
duth was. Austin had a pair of shoes In
his hand which he handed witness to
hold. Sudduth had called to Austin to
come back and say what he did before.
Witness did not borrow a pistol that
morning for Austin. He, however, saw
Austin with pistol.
How Many Drinks Had He?
The witness manner at this point
aroused suspicion and he was asked how
many drinks he had had today.
''What-water? replied the witness, II
had plenty
what about the whisky. Had plenty
of THAR"
"Ain't hardly able ter git plenty of
that" he said.
Being pushed on this point he admit
ted that he had one drink Of whisky at
IL o'clock and had not drank any beer,
wine brandy or gin.
when did your neoktie come untied?"
This question was objected to. although
defendants attorney argued that It was
pretty good sign Of intoxication.
Continuing, the witness said that Aus
tin showed him the pistol, which he said
Continued on Page Six.)