The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-09

might see the condition OF AFFAIRS.
would say from his actions that he was
under the influence of intoxicants or he
would not have acted the way he did"
Knowledge of Drunkards.
Cross examined by Mr.. Lane, represent
ing Captain Donelson.
O. Are you familiar with the language
and actions of drunken people?
A. Yes, sir.
Q. A man that staggcrs as he walks and
his tongue is thick is pretty drunk, ism
he?
A. No. sir, I didn't say that.
Q. Didn't you say he staggered?
A. Yes, sir.
@. Didn't you say his tongue was thick?
A. Yes, sir.
@. Didn't you say his feet were heavy?
A. Yes, sir.
Q. When a mans tongue is thick, when
he staggers, and his feet are heavy, ism
he drunk?
A. Yes, sir. in my judgment, he was
drunk. I didn't say he was drunk. I say
he was under the influence Of intoxi-
cants.
@. You spoke of his saying that anyone
that said he was drunk was a damned
liar. Did he say that before he drew the
pistol or after.
A. Both occurred about the same time.
1 couldn't make any sense out OF Cap
tain Donelson's talk.
@. Who was present in the office at
the time?
A. No one was present at the time. Mr..
Dickinson heard the conversation.
Q. It was all done in a very quiet way,
wasn't it?
A. Yes sir, it was very quiet.
Thought He Was Drinking.
Captain Weir. the next witness, testi-
fed as follows:
II came In at o'clock to report for
duty as usual. l saw the chief as pass
ed the door talking to Captain Donelson,
but l thought nothing of it. I went to
the desk and began writing, and while
I was writing the chief came into the
room and directly Captain Donelson came
In and asked Mr.. Shirley to let him see
him moment, and just before I finished
writing Mr.. Shirley came back. and Cap
tain Donelson asked me to let him speak
to me moment, and I got up and went
out with him. / didn't know anything
about any trouble at that time. When
we walked out, he walked to the head OF
the stairs and I followed him, and he
asked me If I thought he was drunk
and I told him that 1 didn't notice any
thing wrong with him at ALL He then
Before he got through he looked lit
tie excited, and ] told him that I thought
he was drinking. He told me that he
thought maybe he had lost his temper
and that was the cause of his appearance
He said that he was in here talking to Mr..
Shirley on some business, and that when
the chief came in he started to mention
the matter to him and then the trouble
came up. I didn't smell any whisky on
Captain Donelson breath
Question by Chief Austin: Didn't you
state to myself and Mr.. McCary that
you smelled whisky on Captain Donel-
sons breath?
A. No sir; didn't state that I smelled
any whisky on his breath.
Question by Chief Austin: Didn't Mr..
McCary and l call you into the office
Saturday night and you stated that you
did smell whisky on Captain Donelsons
breath7
A. I didn't say anyth hing about smelling
whisky on his breath. Captain Donelson
stated that the chief was trying to down
him on every little provocation; that he
wasn't drunk or even drinking.
Cursed chief Out.
Question by Chief Austin: Didn't he
say that he had the pleasure of cursing
me out?
A. He did remark that he had cursed
the chief. He said he lost his temper. He
said that when the chief accused him OF
drinking he told him that he was liar.
He said he felt like he had been done an
injustice. He asked me what I though
of his condition. l told him that L was
afraid he had been drinking
On cross-examination Captain Weir
stated that, to the best Of his knowledge,
Captain Donelson was not drunk.
Chairman McCary, who was telephoned
for by Chief Austin, was called to the
stand by the chief. Attorney Lane OBJ
iected on the ground that Mr.. McCary
was a Judge, afterwards passing on his
own testimony, and that such a thing
was illegal. His objection was overruled
however, on the ground that the COM
mission always had statements from the
chairman and that he was called to the
scene for the express purpose of making
this report to the board as an officer Of 1t.
His testimony was as follows:
Walked Rather Heavy.
"The chief telephoned me last Saturday
night and asked me to please come to his
headquarters Immediately / told him
would come as soon as l could get there
AS l came through the hall. I saw Capt
Donelson and Capt. Weir talking to each
other. When I came in the office, 1 asked
the chief what was the matter. He
asked me If didn't see Capt Donelson
told him yes that 1 saw him and
shook hands with him as 1 came through
the hall. He asked me IL didn't see his
condition. He then related to me what
the trouble was. He told me of their diff
ficulty and wanted me to investigate it.
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