The Montgomery advertiser., 1903-01-28
Sass < ASSssS
AdyertIser Bureau,

Advertiser Bureau, Mobile, Jan. T. 1 At 10 o'clock this morning the City Court reconyened and the trial judge
 ordered the court officials to proceed with 1 the call of venire No. 3. for the securing of additional jurors in the case. of the State of Alabama vs. Charles F. Brannon. murder. At 10:15 o'clock the jury had ! been completed and was as follows: Edward NV. Goss, city: collector. William J D. Branseomb city; contrac- l tor.
 Charles C. Griffin, city; contractor. Anson Arnold. city.
 Thomas E. Prat city; merchant. | Clay Tunstall. city.
 William P. Mcdonnell. city. Henry J. Scot, county: gardener. James R. Groom, city; merchant. James F. Johnston, city; coal dealer. John Henry, city: merchant. i Anthony s. Petrinoyich, city; merchant. When the jury had been completed and swern in, witnesses were callsd, of which 1 there were about sixty or sixty-five. and put under the rule. When Solicitor Webb
 arose to make his showing. the widow and children. of the deceased came into court. followed soon after by the wife and children of the defendant. The Solicitor presented his case. going over it calmly and deliberately. He re-
 ferred to a bill of sale for the oxen which was. he stated the cause for the tragedy. The attorney for the defense replied. Before making his showing. he announce ed to the court that, at the proper time, the defense would object to the bill of sale appearing in evidence. The court stated that if the bill of sale had been
 issued and was due. 1t would be admis- sable if introduced properly by the State.
 The attorney announced that the defense expected to show a clear case of self defense. It expected to show that Bran non had the gun with him because nc- gro had. seme weeks before, cursed and threatened him.
 Solicitor Webb replied, in closing the showing. that the State expects to show that the threats made were of the past and had occurred some time before, and that the negro had gone away from that section. He also stated that they ex- pected to explode the theory of self-de- Tense.
 Dr. Means Bluett, a practlcing physl. elan of Citronelle. was the first witness for the State. He described the wound which, he said, was the cause of death of Mir. Thompson. It was about the size of a silver half dollar and the shot were low mold buck. The whole was round and the shot scattered after entering. the body.
 J. w. Byrd, Justice of the Peace at Citronelle. and an eyewitness. testified as to the tragedy. He is an aged man and spoke slowly and deliberately. Thompson had gotten him to accompany him to secure the oxen and cart on which he held bill of sale. CThis brought forth objection by defense, and, after discus sion, was withdrawn, so far as the. bill of sale was concerned). He told of meet ing Smith with the team, about one and one-half miles from. Brannon's home, and of Thompson taking charge of it. They started back to Citronelle and had gone about two and one-half miles when they were overtaken hy Brannon in a buggy. accompanied by Smith. Thompson had an OK whip. with a hickory handle, which was introduced and identified. He told of the shooting. his testimony being detri- mental to the defendant. He asked Bran non not to shoot Thompson and was told to leave him alone. He said Thompson was not advancing son Brannon with the whip stock raised at the time of the shoot ing.
 On cross-examination. he denied having told anyone, shortly after the shooting, that Thompson was advancing on Bran non when the latter shot. He was em- ployed by Thompson to go with him, and A'tN hoS N"aNNh 'PNNioi iltSANSb III lhp ptOn- ecution.
 Woodie Thompson. son of the deceased, testified along the lin s of the first eye witness. He swore that Brannon jumped out of the buggy and went around the cart toward Thompson when the latter called to Byrd not to let Brannon shoot him. Tbe Stats then rested as to direct testimony.
 For the defense. the only other eye
 
 had charge of the team, testified. He said Brannon drove up on the right side of the cart, crossed the road in front of the horses of the others and was going In the direction of the oxen As Brannon got near the team, Thompson started af- ter him with heavy whip stock. in a run. Brann Dn called to him. telling him to stop. but this Thompson failed to do, and Brannon fired one barrel of the gun
 On stating why Brannon had the gun the prosecution objected and the obiec- tion was sustained. Witness said a negro had threatened Brannon. Did not remem- Der defendant making threats against de- ceased while in the buggy going after the oxen Heard Byrd tell Brannon he could either go to Citronelle and stand his trial or 20 to Mobile and surrender, Heard Byrd tell defendant it was a case of self-defense. in his opinion. and that he saw deceased advancing on Brannon with his whip stock uplifted
 On cross-examination, he said he never heard Byrd tell Brannon not to shoot. The witness could not be tangled by the prosecutor.
 Character witnesses were put on by the defe; SC. some of whom, from the mari ner of their speech, seemed biased, giv- ing Brannon and Smith good regulations and Thompson and Byrd bad ones, espe- cially the last named. One witness said Byrd had good suit reRoved from tho body of his cad father and an old one substituted in which to inter the corpse.
 The defendant was placed on the stand and testified in substance
 Have known Thompson between fifteen and twenty years. He was about inchea taller than ne. Smith came to my house and told me Thompson had taken the oxen and cart. l got in my buggy with Smith, took my gun an6 drove after them. Overlook them three miles from Camp. Told Smith to hold horse while I turned oxen. Took my gun out of buggy with me. Went in fast walk towards heads of oxen Thompson raised heavy whip stock and said: ''- -'' and ran towards me. told him if he did not stop I would shoot him. Believed my life was in danger. Thompson got with | in five feet of me. Byrd went one way and I another to get wagon to take | Thompson's body away. After body was removed to wagon, I told Byrd he knevs l had to shoot in self-defensa. and he | said yes. He told me I could come to | CitronelIe or go to Mobile and surrender. Byrd said nothing to me when l got out |