The age-herald., 1902-01-17
DEFENSE TRIES ID PROVE SUDDUTH
 WASUNBALANCED Witnesses Tell of a Blow He Received on the
 Head HE HAD NEVER RECOVERED Physician Who Attended Defendant Regards Him as a Man of Good Judement-Areument of the
 Case to Begin Today.
HE HAD NEVER RECOVERED

l Argument will begin this morning in the case of Pete Sudduth, ontrial for the alleged murder of Charles Austin All the evidence was introduced yesterday, the cay being taken up with the defendants witnesses. Evidence was introduced to show that he was at times mentally un- balanced and during the afternoon the de- fendanC himself took the stand and gave his version of the tragedy. Several witnesses of the defendant were put on the stand to impeach the testi- mony of R. J. Little. Little had testified that Sudduth threat ened to shoot Austin if he did not stop, and after shooting him said Lie there, d-n you. I've done what came here to do.
 Henry Simpson, a minister, said he had known Little about twenty years and that his character was not good for truth. A. H. Hyde testified that Little's char acter was bad and that he would not be- lieve him on cath.
 Henry Rogers John c. Gillespy, D. R. Russell, Jim Gill, o. B. Short and Tom Lee all testified that Littles character for truth was bad and most of them tes- tified they would not believe him on oath.
 Tells of Law Suit. Matthew Hughes told about the law suit before the Justice of he Peaee which started the trouble He saiG he had trou- hle about a COW, he being the plaintiff in the suit. Austin was there as a witness. v,Ia cuth 'I had a conversation with Austin about Sudduth at home about ten mont hs before the killing said the witness. "The trial was in September. 1900. I told him that l could prove by Sudduth that had bought the COW for Austin to use, and Austin replied that by that long, gang ling pup you could prove anything told Sudduth about 1t at the justices court when the case came up. I lad an- other conversation with Austir. at the trial at Morris. Austin said You didn't prove by Sudduth what you said you would I said, I'll prove it by Sudduth in higher court Austin said. No you il rot. I'll shoot him and he'll not see the higher court. I told Sudduth about this l last conversation two or three days after wards.
 Intended to Kill Suddeth. | Rufus Lee testified that about twenty five minutes before the killing. after the | first trouble, Austin told him referring to | Sudduth) that he intended to kill the - for telling lies on him.
 T said to him." said the witness 1T wouldn't do that. He said one of us has to die I'm ready either to cut it out or shoot it out We were working together at Jefferson's mines. l told Sudduth he | had better look out"
 Will Little testified that Austin lived on 1 his fathers place. That he had conver- sation with Austin about Sudduth eight months before the killing. He. witness, | had been to a barn raising at Sudduths. Austin asked where he had been. Wit ness told him. Austin said .the = didn't invite me I'll see him in h-l as for as a | jaybird could fly in thousand years be- | fore I'd help him."
 Mrs. Little testified that Austin said to her, "Old Pete Sudduth better not fool with me-"
 Clifford Price testified that Austin re- fused to stop when he was approaching Sudduth and that he made a motion as if to draw his pistol when Sudduth fired. Lewis Lawrence testified that he heard Austin say several days before the kill ing that "hed get him some day. Jim Prince testified that Austin made a movement as if to draw his pistol and that they were so close together when Sudduth shot that he could not straight en out his arm to fire He also testified that Austin raised his hand as if to strike Sudduth.
 Son Describes Shooting.
 J. H. Sudduth, a son of the defendant. was then put on the stand He testified that he was present and saw the shoot ing. He said he and his father rode into Morris that morning and hitched their mules at the blacksmith shop. left him then, and when l next saw him Austin was cursing him. Father told him to stop l within ten steps and explain himself, and to take his hands out of his pocket. Aus tin took his hands out and approached him, saving he wouldn't explain anything. | He said to my father that he would cut it out or shoot it out. This was said Just a second before the pistol was drawn. 1 He had gone to Morris with his father 1 to have the mules shod, and did not know his father had had a difficulty when | they left home.
 His Mind Affected. My father was injured about ten years ago by blow back of the ear from one Malone. It affected his mind. Dr. Ward came to see him and father ran him off. When he would get hot or drink he was not sound. The year before last he took the harness and bridal off of mule and turned him loose in crop of growing corn My father had been sick for three or four months before the shooting.
 Alice Sudduth, a daughter of the de- fendant then took the stand. She said her father was sick the day he left home for Morris; that in fact he had been sick all summer. That the morning of the shooting before he went to town he drank a bottle of medicine. That he had pre- viously got mad with the doctor and told him he believed he was killing him. This made the doctor mad, and they had hard work to get him to return.
 Her father had taken his pistol when he first left for town. He had been carry ing the pistol all the week. because. as the witness explained, The had been out with guano agents"
 Says Judgment Was Good.