Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-06-26

We saw no one in the house with him
at the time"
Call officer Spradlin, who was wounded
in the arm. was the next witness called. ]
He was shot just after Battle was killed.
Il approached the house and saw
heavy set negro, with a bristling mus
tache standing at a window, aiming at me
with rife. Just at his side that negro,
Henry King, was standing at the side Of
Richardson.
He positively identfhed King as the ne
gro he had seen standing In the window
with Richardson.
F. N. Jackson was standing within three
feet of Battle when he was killed. He saw
said the report was very loud, and that
he saw a great flash, as though from
shot gun. He was sure the shot which
killed Battle was fired with shotgun.
Jackson denied that ne had told Jailor
Fain that he had seen King enter the
house in which Richardson was shooting.
He heard only one shot gun report from
the house. He saw the muzzle of the gun
when Battle was killed, but a sack which
covered the window prevented him from
seeing the man who fired the shot which
killed Battle.
George Maddox searched King when he
was taken to the Tower
II found a 12-bore shotgun shell in his
pocket and he told me not to take It away
from him. Don't take that" he told meS
I may have chance to- use it before l
get out of JAIL ."
Solicitor Hill then introduced the shot
gun with which King is alleged to have
Killed Battle and several shells which
were taken from King as evidence, and
announced that the state was closed.
Eli Sanders, an old negro. who has been
In jail ever since the rfoting as an Access
sorry, was called for the defense. He said
that at O'Clock on the morning of the
killing, after Battle was killed, he was
standing in the door at which Owen
Heard was shot, and he saw King COM
ing toward the house from the direction
of his own house. He said he asked King
for a match and King told him he had
none. Richardson was on the inside of the
house and called King, who went In to
him. This, the negro swore, was after the
killing of Battle.
Sarah Fish, a negro woman, who lives
near the place where Richardson was
shooting, said about. 5 O'Clock she saw
King standing at Richardson's back gate.
She was not cross-examined.
owen Heard, the man who was shot by
Richardson when he Knocked open the
door to arrest Richardson. was the next
witness called. AS he broke open the door,
Heard says he saw king standing just
outside of the door alone, and in plain
view of all the persons standing near
On cross-examination he stated that
shot which wounded Heard was fired,
King stepped into the house where Rich
ardson was firing. g p
II. c. Moore, negro grocer who runs
store near where King lived, says he
saw King pass hts store just after day
light, going toward the scene of the kill
ing. He did not know whether or not
Battle had been killed at this time.
Mary Allen, negro woman, swore
that She saw Henry King about half
block from Richardson's store, going to-
ward Richardson's store. Bailiff Battle
was killed at her door, and was killed, she
swore, before she saw King going towards
the store of Richardson.
Virginia Bell, another negro woman, saw
Henry King on Friday night before the
killing of Battle. He vas at his home.
j. ]. Fain, jailer of Fulton county, had
had a conversat ton with Bailif Jackson
in the jail some days after the rioting.
IT understood Jackson to say he saw
Eli Sanders and Henry King going into |
Richardson's store about O'Clock.
II was there, however, at 1880 o'clock, |
and know King did not go into that
house after o'clock. He came out and
surrendered about l4Oi ten minutes after
Mr.. shropshlre 8afida.rfyself had gone TO |
the house and demanded the surrender Of
the occupants" sh1aw E.f
Florence Moore said she saw King going |
toward Richardson's store about o'clock. |
as nearly as she coliu guess. att
King was then placed on the stand and
made his statement. He stated that he
had Heard the shooting, and had gone to
the house of Richardson to find out what |
was the matter Richardson told him he |
had beaten Kerlin the night before, and |
the police were after him.
Richardson said he was going to stay
there and die: that he did not intend to
surrender to the mob that was after him.
II told Richardson he ought to go out |
and surrender. He said he would remain |
there and die. but finally said If they |
would bring a company OF soldiers from
the barracks to protect him he would sur
reader.
II told him that would go out and see
what could do for him. and started from |
the house. He called me back and handed |
me shotgun and box of shells.
Il went out and surrendered. 1 fired no
shots. 1 was not in the house when Mr.. |
Battle was killed, and did not fire any
shots. Richardson forced me to take the |
gun.
when left the house told several
women in front of the house that Rich |
ardson was mad and was going to kill
somebody"
Deputy Sheriff Fain was placed on the
stand in rebuttal. He saw no women
standing near the house, and was positive |
none were there.
S. A. Kerlin, the former policeman, for |
an assault on whom the county policemen |
endeavored to arrest Richardson, told of |
the assault on him by Richardson, and |
stated that King was present and struck |
him with a rock
The state then rested, and w o. Jones, |
a police commissioner, was placed on the |
stand He stated that he would not be- |
lieve Kerlin on oath. After several efforts |
on the part of the attorneys for the de- |
Tense to introduce testimony to impeach |
Kerlin. which was barred by Judge Can
dler, both sides announced closed, and |
Solicitor c. d. Hill began hts opening ar
gument at - o'clock.
Mr.. Hills speech was not as inpassion- |
ed as some of his addresses, but he pre-
scented the facts in strong and forceful |
manner. He spoke Ior only ten minutes, |
and then Attorney Claude Smith, for the
defense, began his argument. His speech |
was splendid effort, and made a favora-
BILE impression.
MRS VAN H0L T MASH DEAD