The Montgomery advertiser., 1903-05-26
Advertiser Bureau.
 Mobile, May 25.

MoDfIe, May ZD In the City Council room promptly at the noon hour order was called, the In- ferior Criminal Court having moved there in order to hold the preliminary trial of Marion l.. Daugherty. Jack Strong and H. Ross Rogers. white charged with the killing of Richard Smith, negro. at or near the Mobile Lumber Company's mill on the Louis vile and Nashville Railroad. about a half mile north of One-Mile Creek. on satur-1 day, mention of which appeared in yes- terday's Advertiser. Judge Jules E. Afford presided and the state was represented by Solicitor Webb. Several attorneys were present for the defense. Three whites and twenty ne-- groes were present as witnesses. besides a number of character witnesses. |. Prior to the preliminary examination | the coroner held an inquest and recom- mended the holding of Rogers.
 A number of character witnesses. by agreement, were first examined, because | of these being In business. Among these were President J. w. Whiting of the Peoples Bank. Lloyd Batre. insurance | ran; Robert Neville, merchant; Mir. Rosengrant. lumber business; N. R. Clarke. attorney.
 1 For the State, the solicitor stated that, l by agreement. the coroner. Dr. Hirshfeld. | would testify as to the location of the wc cunds, of which there were three. At | tcrney for defendants offered an interjec- ton as to the position of the wounded nan tdeceased) at the time of the cutJ | ting. The solicitor held the Supreme | Court had already ruled on this point, and that. even If the physician did testify. 1t would not be competent. No ruling. Dan Morisette was the first witness. He said he" was present at the office at the time of the killing. Smith told Mir. Daugherty his time Was wrong Daugh- | erty asked Rogers to look it up He said the time was right Smith said some thing about the law and was ordered out. Did not see the outside affair. Told of the location of the office and window. Smith was at the window.
 Dr. W. T. Henderson (admitted to be an experD-When I saw the man he was dead Had slight wound on shoulder, deep cut on leg which severed femoral artery. Clothing was cut in several places around shoulder and back and on leg of pants near thigh. |. John Reed-I and Richard Smith were at window. There was words about the money. When ordered away Smith said he would see it cost them more. As he walk ca away Rogers jumped off the gallery and struck Smith. who struck back. When Rogers came out Daugherty jumped up and said let's kill the --. Rogers struck first blow. As Smith was going away Daugherty struck at him with a stick Smith got to the railroad and Rogers overlook him. Smith struck Rogers and they clinched. Smith had Rogers's head under his arm and Rogers began, as I thought. striking him. said That white man is giving that nigger the devil" Mir. Daugherty ran up and shot and the pistol flew up. Rogers and Smith did not get down on the ground. Did not see Smith pick up anything as he ran up the bank
 Did not see where Daugherty got the pis- tol. He followed Smith about ten yards
 Had the pistol pointed at Smiths head
 When 1t fired 1t was up.
 Witness identified hat of deceased. II
 had burned spot on the brim when he last saw 1t, but no hole. (Hat had hole fin it when presented in court.)
 Cross-Daugherty was in his ofice
 when he said Let's kill the black -
 Rogers was going out then. There were
 two or three others around the window the crowd had gone away fom the win.
 dow. Some one was practicing shooting but didn't know who they were. wher
 Daugherty first had the pistol. if he Iad
 fired it would have gone through
 Smiths head.
 Alex Reed-Was where the men were
 shooting at target Strong had the gur and Mir. Daugherty said behind us: Let
 me get my gun and kill the -" Mir
 Strong said here's one. Daugherty took fl and started towards Rogers and Smith
 He shot and turned back and when said
 to him 'I didn't think you would shoot a man that way" he said, T didn't shoot
 him, I shot to scare him. He wasn't shot
 he was cut" Did not see the men down on the ground. ..
 Cross--Smith had Rogers's head down and I thought Rogers was striking him
 When Daugherty shot he had the pistol
 out. The smoke went up. MT. Crow and others were by when Strong said take his gun.
 . Bollie Williams-Saw Smith pass my
 be- Heard Daugherty bring an oath. Rog. CTS and Smith were fighting. As Daugh. erty ran up Smith broke and ran. Daugh. erty followed him some distance and
 fired. When Daugherty cursed he threw , a stick at Smith. When next saw ! Daugherty he had a gun. It appeared tc , me the pistol was ranging on the man Don't see how 1t Kept from hitting Smith Cross-Daugherty was close enough tc hit Smith with the pistol two minutes He was about three feet away. Did moi see a knife. Saw blood at the scuffie and also where the man fell.
 Witnesses for the defense were then in.
 troduced.
 C. J. Crow-Was at the mill when fight
 occurred. Saw Daugherty pick up pistol from gallery. We had been practicins
 with pistol and laid 1t on gallery. Strong
 did not give Daugherty the pistol. Saw
 fight on railroad. Rogers was following | negro who picked uD a rock and struck