The Birmingham age-herald., 1903-02-15
4 Preliminary Hearing Before
 Justice AbeTRathy Yesterday
THE WITNESSES EXAMINED
W, eht, After He Was Shot, Said He Wanted to Forgive Smith-Miss Gardner. About Whom Tras-
 edy Occurred, Present.

The preliminary hearing of John Smith. ! charged with killing A. T. Wright last Monday night in the hallway of Mrs. M. E. Kirklands boarding house. 1S0Oh Ave nue F, took place before H. B. Abernathy yesterday afternoon and at It's conclusion Smith was bound over in the sum of $500 to await the action of the grand jury. He made bond immediately.
 The hearing was held In the first division room of the Criminal court. A large number of spectators were pres ent, conspicuous among the crowd being men in the uniform of motormen or con- ductors employed by the Birmingham Railway, Light and Power company. Smith Is a motorman, and for the past three years has been on the North and South Highlands line of service. The man he shot and killed, A. T. Wright, was a moulder, and worked at the plant of the Decatur Car Wheel Works
 Miss Gardner.
 There were no sensational develop ments at the preliminary trial. The only eve witness to the shooting, Miss Gussie Gardner, and over whom intense jeal- ousy is said to have existed between Wright and Smith, was not put on the stand. She had been summoned, and was in the courtroom until a request for the rule was made, and she retired with the other witnesses. Miss Gardner did not exhibit any emotion. though she talked but little to those who were with her. Her attitude was quiet. She seemed deep ly interested in the outcome of the case, but her bearing did not indicate that she was at all excited.
 The Lawyers.
 The case was called at 2:30 o'clock. Solicitor Charles W. Ferguson was pres ent to represent the state and Lee c. Bra Hey, Hugh Morrow, John T. Shu- gart and Robert N. Ball appeared as az torneys for the defendant
 The first witness called was S. R. Wolf, a boarder at Mrs. Kirlxlands. He knew A. T. Wright, and said he was dead. He saw the deceased after death, and saw the wounds. He described them. Witness said the shooting occurred be- tween 12 and 1 o'clock Monday night last. That night he saw Wright in the hall after he had been shot and hearS' , him say he expected to die; knew only from heresay who shot him. He did not see Smith that night, either before or after the shooting, and did not know where he was. On cross examination witness stated the hall at the boarding house was about forty feet long.
 Mrs. Kirkland on the Stand.
 The next witness was Mrs. Kirkland. She said her first name was Mary and that she lived in Birmingham. Was in the house at 1SOO1a Avenue F when Wright was shot last Monday night. She heard three shots fired in the back end of the hall. She stated several bullet holes were in the floor. When she heard the firing she ran out in the hall and saw a man. She was afraid 1t was her son and quick ly went to him. She saw he was bleeding and after bringing light discovered the person was A. T. Wright. When he was carried to his room witness stated she heard him say he was dying, also heard him say. "Tell Smith to come to me. I forgive him and do not blame him for what he has done" Witness testified she saw no weapons She supposed there had been hard feelings between the two men and had heard some one say they had not spoken to each other for a week. She had heard 1t said that Wright had made threats; another statement that he made when he thought Smith was going away for few days. was that some one had better leave, or maybe he would go away in a box The witness was not cross- examined.
 Dr. Ed Drennen then took the stand and testified that he went to the house and was among three physicians present. He described the three wounds, and said Wright stated he thought he was going to die.
 Accused Was Quiet.
 During the progress of the hearing Smith sat quietly in his chair. He did not speak half dozen words to his lawyers, and looked straight in front of him.
 For an hour the lawyers argued the motion made by the defendants attor- neys to discharge Smith. Several opin- ions were read. The defense contended that the state had failed to make out a case of murder against Smith, in that it had not shown there was an unlawful killing; that the dyT\ declaration of Wright admitted as evidence showed that Wright did not blame Smith and said he forgave him. The prosecution contended that it had made out it's case. Justice Abernathy overruled the motion to ex- clude all evidence and discnarge Smith.
 Bound Over.
 Both sides had no more witnesses they desired to introduce. It was evident that neither cared to place Miss Gardner on the stand The attorneys submitted the case without al gument and the defen. dant was bound over 10 the grand jury.
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