The Montgomery advertiser., 1904-12-18

ribs and probably three were broken. Sanford spit blood. His condition was serious but not serious 50 far as lte and death were concerned. | pr. Billing swore ne was caiieo I to see Maggie Hickman two or three idays after the shooting. He found her in bed crying.
 I The solicitor here objected and the lawyers argued at some length the State holding that the assault on the woman was not relevant. I Judge Thomas admitted the testi- Imony.
 pr. Billing continuing his testi- imony said the woman was nervous She had a black eye and bruises on her body, He prescribed for her, gave hen lsomething to quiet her nerves.
 She had a severe bruise on her back and Sanfords lawyer tried to bring out a statement from Dr. Billing that this bruise near the spine might have Iconduced to mysteries 'or nervousness in a woman.
 The State objected tc this form of questioning and the objection was ar- gued.
 Judge Thomas ruled that the testi- mony was admissible to show the men tai condition of the woman. Dr. Billing said that the bruise might have affected the nervous state but not necessarily the mind. He ex- plained that the woman was not hys- terical although she was excited. Examined by the Solicitor Dr. Bill ing said the woman was conscious and talked rationally. He was sent to see the woman by Sanford. A few days after the shooting Sanford went to his place from the jail. Dr Billing said he thought Sanford visited his place after he, Dr. Billing. had been called to see Maggie Hickman. 1 Justice R. II. Jones, who conducted the preliminary hearing of Sanford, and who testified for the State Friday. | was recalled by the defendants coun- sel and was questioned as to the testi-
 mony of Jim Albright. the absent ne- gro witness, at the hearing. Nothing | important was deduced. | Alderman Sullivan . Witness. Alderman J. J. Sullivan was called. He is a friend of Sanford and sells him beer.
 MT. Sullivan testified that he went to the scene of the shooting on the night of May 24 with Sanford's lawyer. Jim Albright stated to him that he was not present when the shooting occur red, and did not see any part of the difficulty.
 | Mir. Sullivan about his conversation with Jim Albright but objections by the State were sustained and exceptions were noted.
 | MT. Sullivan testified that he weighed 311 pounds and was six feet high, and that Achors weighed more than him. but was not qnite as tall. Achors, he | said, was a muscular man and was ! about 40 years old. The witness said he was not present at the preliminary hearing of Sanford He was in Chattanooga, Tenn, on busi- ness. He visited Sanford In the jail several times before he was released on bond.
 Walter Venable, who conducts a store | and barroom near that of Sanford, in vesuvius was the next witness. MT Venable testified that he knew Achors and Sanford and recalled the | shooting. Walter Davis, a negro, went to the store of witness to telephone the police, and Mir. Venable went down to Sanford's store. Sanford, Hammett and Maggie Hickman were there. He knew Jim Albrtton and Henry Rich mond, the negroes who testified they | saw the shooting He said he did not see them about Sanford's place. l Cross-examined by Solicitor Dent, MT. Venable said he was not noticing espe- cially to see who was there. He was positive Maggie Hickman was stand ing by the counter when he went in the store and that Achors was lying behind l the bar counter.
 The court then, at o'clock. recessed | until 3:30 o'clock.
 l Two Pistols Were Used.
 The caurt keconvened at the appoin-
 ted time and J. M. Boyd went on .lte
 stand as witness for the State.
 Mir. Boyd swore that he was in the
 street in front of Sanfords store super
 intending the laying of some cinders.
 He did not know Sanford or Achors ex- cept by reputation. He saw Achors
 the Hickman woman and a boy enter
 the Sanford store and within ten min-
 utes he heard five shots inside the
 store. There wera three shots in rapid succession followed shortly by two shots.
 Mr. Boyd said that he had had ex-
 perience with firearms. He swore
 positively that the first three shots and
 the last two shots were fired from diff
 ferent weapons. The first three shots
 he said were fired from a smaller pis- tol than the last two shots. Jesse Wadsworth who conducts a store and hotel in Vesuvius was the next witness for the defendant.
 MT. Wadsworth tes.iIied that he | knew Achors and Sanford well. He went to Sanford's store soon after the shooting and saw Achors. He said he talked with Achors and that Achors said we had a general fight. I hit old man Sonford in the head with a beer glass, and he shot me-" Achors asked MT. Wadsworth to telegraph his wife and his brother John Achors which he did.
 1 Lawyers for Sanford tried to draw from MT. Wadsworth what Jim All bright told him about the shooting 2, but Judge Thomas sustained the oh lection of the Solicitor. Cross examined by Solicitor Dent, Mir. Wadsworth said a large crowd was at Sanford's store when he got there. ! Achors was in a back room when Mir. | Wadsworth talked with him. He said
 Achors did not tell him about any trouble with Harry Hammett. MT. | Wadsworth was positive w. L. Allen was not in the building when he talked with Achors. An unknown negro was the only person present when he talk ed with Achors. The negro was wash ing the face of Achors. l When MT. -Wadsworth reached the store he said Maggie Hickman was standing in the door leading to her bedroom. She did not appear to be hysterical and was not making any | demonstration.
 On redirect examination MT. Wads- worth swore that he knew Claude Bartlett and that her character was bad