The Montgomery advertiser., 1904-12-17
STATES WITNESSES
 TELL OF TRAGEDY
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abatement to the witness about the manner of the difficulty. In the pres- ence of the witness. Achors called Maggie Hickman to him and said: Maggie, you know how this shooting was done; you know the cause of 1t all: what I want you to do is to tell the truth and nothing but the truth because I am going to die"
 Defendants lawyers objected to the admission of this statement and Judge Thomas sustained the objection.
 Then the States attorney asked what Achors said to Maggie Hickman.
 Graham said Achors said to Maggie Hickman: You know how this thing happened. It was all uncalled for. The trouble we had was between you ana me. It wasn't his trouble at all"
 The defense objected to this test'- mony and moved to exclude 1t.
 Judge Thomas overruled the motion, and an<exception was noted.
 Thef witness said he took pistol from Achors's hip pocket. It wa sa SZ calibre Smith & Wesson pistol and the chambers were empty. He also LOOK Sanford's pistol, a 3S-calibre Colt and turned it over to Police Captain Taylor.
 On cross examination Graham testi- fled that two or three cartridges in Sanfords pistol had been exploded There was considerable water where Achors was lying.
 When he and Carrigan reached the scene Graham said Walter Venable and a negro were there. Mr. Venable told him he had telephoned to police head quarters about the shooting.
 Examining Graham redirect, attor- neys for the State asked the witness if Sanford did not walk around the store and to the buggy of the Police uic eli ed "a m this was a fact.
 The special officer on cross rebuttal testified that the wounds of Achors were powder burned, and his clothes were burned It was evident that the pistol had been fired close to Achors's body. Achors had wounds on his head.
 Code of Honor Discussed.
 Graham was excused at s:so o'clock and the State called Will Maxey. a fagman employed by the Louisville and Nashville Railroad Company. s, .-...
 MT. Maxey testified that he runs be- tween Montgomery and Birmingham and knew Achors and Sanford we'll. He had visited Sanford's place seven or eight times. Sanford had made state ments to him prior to the shooting showing malice toward Achors. Sam ford asked him If he would act as a second if he-Sanford-should fight Achors duel.
 T laughed and said Yes" said the witness.
 The witness said this was about two months before Achors was killed. He said on another occasion when Maggie Hickman had left Sanford's place. San ford asked him to go to see the wo- man and tell her if she would come back to his place he would give her a half interest in the business and If Achors came there and interfered with her he would kill him.
 Lawyers for Sanford tried to break down MT. Maxey's testimony. He swore that his home was in Birmingham and that he knew Achors about a year be- fore he died. He had told Conductor Cominsky about his conversation with Sanford
 The witness recalled having a con- versation with Sanford at his place in the presence of MT. Tuck. He did not tell Sanford that Achors was going to kill him. He did not tell Sanford that he would get the Brotherhood to fire Achors out of the order.
 MT. Maxey said he did not remem- ber that any one was present when he and Sanford spoke of duel. He had