The Birmingham age-herald., 1904-03-10

T was at the Athletic club rooms that night. Did not see any of the men after the difficulty"
 Cross-Examination
 Cross-examination: q am personally ac- quainted with Dr. Morefield. I had taken two hlgh-balls that night. John Abbott made repeated efforts to induce his young CT brother to go home. He did not take a drink that night in my presence. Heard him say that he was going to hit some one with his fist blow from the fist causes the blood to coagulate and turn black A kick with the heel of a shoe would ordinarily lacerate the skin on the face.
 q went up to the office of Attorney Smith and talked to him about this case. Went up there with Mir. Buell.. I cannot identify now which one of the Abbott boys displayed the pistol in Campbells place"
 Redirect examinations 'In my opinion an empty derby hat would not bruise mans face. am positive that the Abbott boy who did not display a weapon was not drinking. The other one was l re- called that someone made the remark that some person had stabbed John Alp bolt in the back and that he deserved the same punishment This was only ad- vanced by one of the boys as an argu- ment."
 Re-cross examination: "As rule brass knucks used in a glancing lick will cut the flesh it comes in contact with"
 The witness made an examination of the bruises on the face of MT. Asbury. and said that he could not tell what pro- duced the wounds. In reply to question asked by the court, pr. Anderson safe: "In my judgment, the wounds were made with the fist"
 Walter Phillips Called. Waiter Phillips was next called to the stand. He testlfied
 T was at the Southern club with Mir Asbury before he was assaulted. Win ston was In the club buffet when we went fin there. Asbury said something about going home. and I said to him to wait until could get a cigar, and that would go home with him. Winston left the buffet before l got my cigar. l saw Winston on Twentieth street between the two club houses later There were sev- eral others with him at the time. l saw the difficulty, but did not see Asbury struck One man was on the ground and another who was landing was triking him. Winston and the man on the side walk advanced and the former said Don't do anything further to him. and took the man doing the striking by the arm I picked Asbury up. He was in a dazed condition. l asked him who it was that struck him and he said that he did not know His face was bleeding. As bury was carried into the Southern club, and he was still in a dazed condition His answers to questions were incoher- ent. pr. George S. Brown. who was on the second floor, was summoned, and he came down and examined Asbury's l wounds It was rather dark in the court way where the difficulty occurred Cross examination: "Asbury said to me, Billy. come on; let's go home We were then in the reading room at the Southern club. Nothing was said in the buffet about going home. I found the eye glasses of Asbury in the court way where the difficulty took place. They were not broken when I found them. did not see anyone strike Asbury after he was down.
 J. Motion Smith was next called. He testified that he was at the Southern club the night of the difficulty, and that he was at the Athletic club also that night and did not leave the last named place until after the basketball game had end- ed, T was not downstairs at the South ern club at the time Dr. Brown was at tending Asbury. I saw Winston and Ab- bolt standing on the sidewalk betw cen the Southern and the Athletic clubs talk ing. Did not see Walter Phillips that night"
 J. D. Foy Called. J. D. Foy, who is employed by Ford Bacon & Davis, was put on the stand. He testified that he saw and heard the blows struck on the person of Asbury. 'eWas leaving the Athletic club and heard commotion in the courtway between the two buildings. Asbury seemed to be in stooping position when I saw him. did not hear anything said Asbury fell at the first blow. Phillips and myself