The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-15

to get drunk pretty often. don't deny my
drinking" he exclaimed as he concluded
his testimony.
Lee Hagood testified that Sudduth came
up to him in Rogers store and asked him
where Austin was. He told him where
Austin was-at the postoffice. Sudduth
then called to Austin to come up and ex-
plain himself. Austin came towards him
with his hands in his pockets. Sudduth
told him to take his hands out of his
pocket and not to come nearer than
ten feet Austin took his hands out and
some discussion took place about how
they were going to settle II. Austin said
he was ready to settle it anyway. Some
thing was said about shooting and Aus
tin told him he (Sudduth) didn't have
nerve enough to shoot when Sudduth
shot him. The men were within arm s
reach of each other.
Didn't Austin say to Sudduth cd
you I will come to you anywhere?" the
witness was asked on cross examination.
81 didn't hear him say that" he re-
piled. The witness did not hear what
Austin said when told by Sudduth not
to come more than ten feet. Austin did
say shoot, you amt got nerve enough
to shoot
Austin Had a Pistol.
The witness said he searched Austin
after he was killed and found a pistol
in his left hip pocket.
Ibid not Sudduth say after the shoot
ing that Austin called me s-b--
and my mother is dead?' he was asked.
He said som ething like that. replied
the witness.
Lee Mozeley testified that he heard
Sudduth tell Austin to stop within ten
feet and explain himself. Austin was
then coming across the railroad towards
Sudduth. Austin replied, shoot, shoot,
you haven't got nerve enough to shoot -
Sudduth then shot him.
The witness testified on cross exam
nation that Austin had a pistol that
morning and that he had seen him shoot
1t. He saw Austin take a drink that day
at Morris. Austin was powerful large
man weighing 100 pounds. He was about
40 years old.
Austin was about twenty yards away
WIN Sudduth told him not to come near
er than ten feet and then stop and ex-
plain himself.
Robert Little was then called.
"Is your name Robert Little?' he was
asked
''R. J. Little Is the way / sign nv
name,'' he replied with great dignity
Continuing he said that Sudduth said to
Austin that II he came any nearer he
would kill him. Austin said to him that
he didn't have nerve enough to shoot
anything.
II haint," the witness said Sudduth re-
piled. wal I'll show ye," and he then
pulled his pistol and shot him. He then
said lie thar. DIN We. I've done what
l cum here to have DONE" Witness did
not know what the difficulty was about
On cross examination witness said he
lived five miles from Morris by the wagon
road. He came to town at in the morn
ing and stayed until o'clock.
Morris is a small place is II not?" he
was asked
Right toler'bl small replied the wit
ness. "Thar's erbout two stores
Just a Little Deaf.
you were there all the time and heard
everything that was said?" asked Mr..
Bradley.
You'll have ter talk louder, brother"
replied the witness. Use deef."
Here Mr.. Bradley drew near to the
witness and followed into his ear A
fast and furious roar Of question and an
swers then followed, both attorney and
witness talking at the top of their voices.