The Birmingham age-herald., 1902-08-05
Justices of the Peace Aber- nathy and BeRRefs Pre-
 side in Parrish Case
WILL NOW RESORT ID
 HABEAS CORPUS CASE
This Will Be instituted on Wednesday to Obtain Trial-Parrish Has an Electric Fan In His
 Jail Cell.

Hollis B. Parrish, charged with the murder of George Leonard, whom he shot Monday night while getting off street car was yesterday bound over with out bail, to the grand jury by Justices of the Peace Benners and Abernathy, L. E. Thomas of Smithfield for the prosecu- tion was the only witness examined IL was agreed by the attorneys for the state and defendant, that this form of a preliminary should be gone through with. After the examination of the witness, Justice of the Peace Benners announced that in accordance with this agreement of the attorneys, the defendant would be held to the grand jury without bond, and the prisoner was thereupon eonduc- ted back to his cell in the county Jail.
 This decision of the justices was reach ed after consultation of the attorneys, who decided that this form of procedure would be the most satisfactory and proper course to pursue. The reason assigned is that some friction had already arisen as to which of the two justices of the peace had the proper jurisdiction in the case on account of two warrants issued, one returnable before each justice, and the fact that further disagreements were liable to occur during the course of the trial Attorneys for the defense state that they will at once to obtain bond, in- stituto habeas corpus proceedings in some court of record. This will probably be done Wednesday, as the defense will require time to more carefully examine all the witnesses summoned in their be- half, another reason is that all of the judges of the various courts are at pres ent absent from the city.
 Two Lines of Defense.
 It is stated that the defendants attor- neys will present two lines of defense the main one being that Parrish did nc t draw his pistol and fire the shot that killed Leonard until Leonard had com mitted an overt act; that he had threat ened the defendant, and that Parrish be- lieved that he was in danger of bodily harm from the deceased The other line of defense will be temporary insanity. This latter defense, however, will not be argued in the habeas corpus proceedings. L. E. Thomas, the witness introduced by the state in the preliminary examlna-
 
 lows:
 My name is L. F. Thomas, live at Smithfeld, and am by occupation a car penter. I was on the electric car at the time Leonard was killed. It happened | on Twentieth street a few steps below Third alley late Tuesday evening. He was killed by pistol shot by MT. Par rish.
 II got on the car on Second avenue and Twentieth street-on the Owenton car-going to Smithfeld. l got on the oslr while the conductor was changing the trolley. Just before I got to Third alley, l heard some one say, Stop the carl I saw MT. Nix trying to stop the car. The officer started to pull Leonard off. He then asked MT. Harris to assist him in taking him off the car. Just before the car stopped MT. Parrish reached around the officer and fired. MT. Leonard was under arrest at that time. I never heard him speak a word to MT. Parrish. The latter got the pistol out of his hip pocket. After he fired MT Leonard spoke and said, T am dead man.. The officer said, I am afraid you are The officer said to me and Mir Harris, You take charge of this man. meaning MT. Leonard and I will take charge of the other The officer said to MT. Parrish, That was a cowardly, low down trick what did you do it for, MT. Parrish said. because he was resisting you, Joe
 Died in Few Minutes. "We picked MT. Leonard up and carried | him to the undertaker's office. When we l laid him down he was dead. It was about GAS in the afternoon. Mir. Chest nut and MT. Harris were all that I re- member on the car at that time There were several others but I don't remem- Der them. Parrish was standing on the back of the car with his left hand to the battery"
 Upon cross-examination by Attorneys Bowman and Weaver, substantially the same facts as brought out in the exam ination in chief was stated.
 During the course of the examination Parrish watched the witness closely, and would occasionally whisper suggestions to his counsel He appears to be. and states that he is, in splendid health and spirits. He stated that he has very com fortable quarters in the county jail having an electric fan in his cell and that friends have sent him in bedding, etc.
 P G. Bowman has been called in as as- sistant counsel in the defense and B. M Allen has been engaged to aid in the prosecution.
 Parrish's father and brothers were