The Birmingham age-herald., 1903-12-03
Ralph Armstrong on Trial for
 Murder at Tuskegee
EIGHT WITNESSES TESTIFY
Sensational Testimony Expected From Witnesses for RebuttaI-Cousin of Miss Armstrong on Stand-De-
 fense to Plead Drunkenness

Tuskegee, December 2.-(Special)- )-The jury drawn and the state rested. is the record of the hnst day in the trial of Ralph Armstrong. son of the late H. c. Armstrong, charged with killing his first cousin. Miss Allie Armstrong, at Notasul- ga on October 23.
 The case is being tried before Judge N. D. Denson at a special term of the circuit court The venire of seventy-five jurors was exhausted and the jury had to be completed from the audience. The following men compose the jury: c. F. Smith, A. c. Sherror, w. B. Small, A. A. Bullock. T. s. Carr, G. Y. Lamar, W. 8. Carr, W. s. Godfrey R. H. Tucker, T. A. Welch, s. II. May and A. w. Humph- reys.
 The defense moved to quash the venire on the grounds that the Lusk rearrange- ment of the judicial circuits bill was un- constitutional in that it was local law, the Tenth circuit being excepted from It's operation. The court overrued the de- murrer. Eight witnesses testified for the state before it rested. It Is said that the state has thirty more witnesses for re- buttal when sensational testimony is ex- pected.
 pr. Ward Examined.
 The defense has fourteen witnesses. Dr. w s. Ward was the first witness. He testified to examing the wounds of Miss Armstrong. There was one in the back and one between the sixth and seventh ribs on the right side, in front This was the wound that produced death Miss al q Miss Armstrong testified that she saw Miss Armstrong after the shooting and that she said "I am dying: l am dy- | ing The witness then testified that Miss Armstrong told her that she told l Ralph while they were in the room to- gethers If you do that I am going to tell Aunt Ellie" She says she tainted and Ralph Armstrong revived her She said she was going to tell again, when Ralph shot her; did not tell witness what it was she was going to tell This wit ness was very nervous and excited and eontradieted her testimony generally on cross examination. The pistol iden- thed and introduced as evidence
 Holmes Wright of Auburn testified that on Wednesday night Ralph Armstrong gave him some letters addressed to his mother and that the letter contained sub stantially the following: Life is q fail- ure to me and there is nothing for mo 10 live for. l glad to know that the one I love will go with me" Witness stated that Armstrong was drunk when paper was given him.
 Lawyers Object. The lawyers for the defense strenuously objected to this testimony going in. but the court overruled them.
 l r. R. McElhenney of Auburn testified 1 that he saw Armstrong after he came l back from visit to Miss Armstrong at Atlanta. and Armstrong said that he and Miss Allie had been married. The state rested and court adjourned at o'clock to meet tomorrow at S:30 and hear defend- | ants witnesses There is no doubt that the fight Is mainly legal one It Is thought the defendants plea will be that he was drunk at the time of the killing.
 The court room was crowded all day. l There is no trouble anticipated, as Judge 1 Denson keeps strict order. The defend- ant was in court and showed plainly tho 1 result of his confinement He was nery- ous. His aged mother was sitting next to him. with her head on his shoulder Ex-Attorney General w. C. Fitts is as- sisting in the prosecution.