The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-09

pens. 4 used ter see EN- en- Is cote eli
Sc cleanin up is ROOM I'd feel 'em
en Is cote pocket. En- I seed 'em on de
table. too"
That's all" said the defense.
The prosecution took Hattie IN hand.
You say you saw the knueks?" asked
Solicitor Winston. what color were
they?''
kinder de color er knucks, I reckon"
said Hattie
"I know said Winston, but what I
want to know is what was their exact
color"
IT dunnois / members zaekly wat
color dey was"
We'll, were they red7'
mo. sir. Dey want red"
Were they winter" asked Winston IN
a confounding, battling tone.
No. sab; dey want white, sah'' SAID
Hattie with an air of certainty.
Color of Knucks.
The knucks exhibited In court were
white-the bright light color of freshly
polished aluminium.
Winston pressed the advantage warily.
We'll Hattie" he yawned. $50 you
say the knucks weren't white?"
No. sab. Dey want white"
well, what color were they2 We're
they the color of brass?'
No, sir. Dey want brass, either.
We'll, tell the court what they looked
like.
Hattie paused a moment. Her eyes
searched the ceiling. Her gloved fingers
interlaced themselves
"Dey wat 'zackly brass. Dey want ez
light ez brass. Dey was bout de color
of iron"
bout the color of iron Bout the
color of this?" asked Winston. picking
up the block iron poker on exhibit.
YES. sab. Bout de color of dat poker.
Jes' bout dat color"
Judge Benners interrupted the witness.
You say the knucks were a dark
color?" asked the court with an empha-
sis on the adjective.
Hattie promptly began to hedge.
well, not 'zaclxly dark 'Twan't black,
jedge Jes' kinder light or dark, brown
er-er-."
well. what size were they?' asked
Winston.
size? Size? What size was dey7 OH
you want to know bout what wuz de
size ur de knucks, do you? Well. sah
rejecting. IT disremember-Js' what-size-
dey-wuz."
well, how much did they weigh? That
is, about how mueh2'
Hattie fenced and hedged and hedged
and fenced with Mr.. Winston for a
minute AT length. he got an answer.
"Dey weighed bout err pounr n er half,
Hattie blurted out confidently
"'Bout a pound and a half, did they?'
" Bout that"
The knucks were perhaps four ounces in
weight.
To Help Somebody.
You came to this court yesterday
didn't your asked Winston.
Yes, sah."
You come without'a subpoena, didn't
you?"
yes. sah."
why did you conner
We'll, 1 kinder thought 1 mought be
able to help somebody"
"Oh, you came for the purpose OF nelp-
ing somebody, did your
Eyes, sab. thought l mought DO some
body some good by coming up here said
Hattie frankly.
you did," said Winston, with repressed
satisfaction. "Who did you want to DO
some good to?" continued Winston.
Hatties eyes looked around the room
till they espied the defendant
Mr.. Fitzgerald" said Hattie.
Mr.. Fitzgerald?" repeated Winston, In
an incredulous tone
yes, sab, Mr. Fitzgerald" said the
witness with frank assurance.
THAT will do said Winston.
The defense took Hattie for redirect
examination.
What did you say you came up here
for? To look on and hear what was going
on?"
"of course" said Hattie, that's a mig
gers failing ter want to hear and see
ev'ything," and Hattie looked as though
she had explained away everything to the
satisfaction of the court and the counsel
for each side.
That's ALL" said the defense
Afternoon Session.
At IL o'clock court took recess till
o'clock, when the inquiry was resumed.
Miss Beulah Young was recalled by the
defense.
II have reflected recess was taken
said Miss Young. in response TO the defen-
SEES question, land l remember now
that l wrote the note shown me by this
gentleman (Mr. Winston), in reply to the
intimidat1ng one l received from Ut.
Sullivan on Wednesday,
The prosecution dismissed the witness
without cross examination.
The contents of the note, Miss Young
says she wrote, were not divulged by the
prosecution. They are Withholding 1t to
await developments.
Dying Statement.
Judge Alternately, the next witness, tes'
tilted that he had taken Sullivan's dying
statement. Counsel for the detense
sought to establish the fact that Sulli-
van was not rational when the state
ment was taken. Judge Alternately, In re-
Spouse to questions, said that Sullivan
was not In his judgment, entirely ra-
tional" at all times; that he was In a
state of collapse, and needed to be arous-
ed from time to time. Sullivan was. he
thought, under the influence of narcotics,
though the witness was not an expert on
| that point
| On cross-examination, Judge Abernathy
| said he did not know but merely sur
| missed that Sullivan was under the In
| fluence of narcotics. In response to the
solicitors question witness said that he
| had taken the statement, recorded the
answers and sworn him to them. lie was
not unwilling to take the dying's man
| statement 1t was the first statement or
| the kind he had ever taken.
Charles Comstock, notary public, OF
Pratt City and associated with the coun-
| sci for the defense, testified regarding
| the dimensions of the hall In the hotel
where the tragedy occurred He said sui
Ivan weighed. he judged, IT'S pounds.
Defendant on the Stand.
The defendant was then placed on the
stand. He is a young man under thirty
about five feet seven inches in height
and weighs, he says, 121 pounds. He was
dressed modestly His face was stiff with
determination, yet colored with anxiety
The head is well shaped. The brow clear
The chin, mouth and jaw firm. The
| eve alert, unflinching, audacious. Seen on
the street OF college town, he might be