The Birmingham age-herald., 1904-03-10
Winston, MoreflGId and the Two
 AbbOtts Discharged
THE EVIDENCE WAS LACKING
Four Men Charged With Assaulting J. j. Asbury, Prominent Clubman, Declared to Be Not Guilty of
 Charge at Preliminary.

ward c. Winston, assistant county so- licitor Dr. R. c. Morefeld, a young phy- sician, and T. Jones Abbott, dealer in county claims, charged with assaulting Jack J. Asbury were yesterday afternoon discharged at the preliminary hearing be- fore Judge I. II. Benners of the inferior court of Birmingham. MT. Asbury is a chemist in the employ of the Tennessee Coal, Iron and Railroad company, and the assault occurred near the Southern club on the night of March 1. The defendants were arrested on warrants sworn out be- . fore Judge Benners charging assault with intent to murder.
 A large number of witnesses were ex- amned at the preliminary hearing. and the cases were submitted without argu- ment. T. Jones Abbott, Dr. Morefield and MT. Winston were discharged for want of evidence.
 Reason for Decision.
 Tn rendering his decision in the case of John P. Abbott. Judge Benners said there was no evidence tending to show the de- fendant guilty of assault with intent to murder, and therefore he must discharge him, as he did not have jurisdiction to bind a defendant over to await action by the grand Jury on lesser charge.
 The court room was crowded at both sessions yesterday The spectators in- cluded a number of prominent club men of Birmingham. the friends of MT. As- bury and of the defendant. At the be- ginning of the hearing all of the seats were taken and Judge B. M. Allen for the defense suggested that the bailiff "se- cure seats for the principals and let the chorus stand up."
 Attorney Edward D. Smith and Solic- itor Harrington P. Hefin represented the prosecution while the defense retained Judge Allen, Attorney Charles G. Brown and Attorney D. B. Anderson.
 Asbury on the Stand.
 MT. Asbury was the first witness placed on the stand at the morning session bv the prosecution. He testified that he was assaulted on the night of March 1 about 10 o'clock, probably few minutes later; that he was looking Into the basement of the Athletic club at bowling game which was going on. He said: T had just stepped out of the Southern club and was looking into the basement of the Athletic club for a friend of mine. Walter Phillips. friend. had gone out of the clubhouse before me. Think saw three men stand ing near Twentieth street as I stepped into the court between the two buildings I had seen MT Winston In the buffet of the Southern club before left that build ing He was standing near me and left as I by sight. but do not know any of the other defendants. heard it remarked that Winston had said that we will get even, or something to that effect This threat was coupled with the blaclx-balllng of Abbott. black-balled Abbott several days before the night of the assault
 "The blows rendered me lnsensibIe My ear drum was ruptured, my right jaw was injured, and my left arm was abraised near the elbow joint When regained my first consciousness Phillips was holding me up I suppose fifteen min utes must have elapsed before I regained full consciousness.
 Cross-Examinatlon
 On the cross-examlnation the witness testified that he black-balled Mir Abbott twice; that he went to George Eustis and asked him to tell John c. Bradley not to put the name of Abbott up again for mem- bershp in the club as 1t would be useless He said that he had no unfriendly feeling towards Abbott and that the members of the club have the right to talk about vot- ing for new members.
 He testified further: 1T did not leave the Southern club that night to go to the bas- ket ball game at the Athletic club My impression was that the game had ended. I did not hear the man who struck me say: Do you know who I ann? William Wisner communicated the threat of Win ston to me. have lived In Birmingham for four years and have never been asso- ciated with Abbott In a business or in social way"
 Clip M. Evans was placed on the stand at the afternoon session. which commence ed at 1:30 o'clock. He testified:
 G. M. Evans TestIfies.
 "John Abbott and Dr. Moreheld came around to my place of business about 6 o'clock the night of the difficulty. We went to Al Csmpbell's place about an hour later to get supper. Saw Jones Ab- bolt and MT. Winston there. Think l heard John Abbott say something about whipping Asbury. Think I saw a pistol that night but do not know who had 1t. After supper John Abbott. Dr. Morefield and myself went to the basket ball game at the Athletic club. Abbott remained at the game only short while. Later saw Abbott strike Asbury. had a carriage at the Athletic club John Abbott ordered 1t and 1t came for us at Campbell's place. I knew that John Abbott was waiting at the Athletic club to have difficulty Iheard some one say What the h-l are you do- ingY I then turned and saw the difficult ty. Saw John Abbott kick Asbury. Dr. Morefeld was just to the side of Abbott Asbury was struck twice by Abbott with a derby hat. Saw pr. Morefield pull Ab- bolt away. Do not know where Winston was at that time"
 Cross-examination:
 None of the other young men had any thing to do with the difficulty. John Ab- bolt made efforts several times to get his brother. Jones Abbott, to go home. John Abbott made the remark to several of the boys that he intended to whip Asbury. I did not see any weapon in Ahbotffc p1 Ao