The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-09
DID P FITZGERALD
MURDER SULLIVAN
Defendant Testifes in His Own
Behalf
THE WOMAN IN THE CASE
Miss BeuIah Young, to Whom Both
Men Had Been Attentive, s"ears
That Sullivan Had Threatened
to XIII Fitzgerald.
THE WOMAN IN THE CASE

Charged with the murder of A. D. Sui
Ivan, a railway clerk of Pratt City
Phillips Fitzgerald. young machinist Of
that place went on the stand before
Judge Dinners in the inferior court yes
terday afternoon and testified that in
killing Sullivan he had acted in self
defense.
1t was the second day of the preliminary
hearing in the case. The prosecutions
witnesses were heard Wednesday.
Nine other witnesses were introduced
by the defense in Fitzgerald's behalf.
These were r. NJ. Gale. a druggist; B. F..
Phillips, a former chief of police; Police
men Granger and Weaver: Miss Beulah
Young, 1.-THE woman In the case;" Hattie
Hamlet a negro cook in the Young House.
where Sullivan and Fitzgerald boarded;
Judge H. B. Alternately who took Sulli-
vans dying statement; and Clarence
Comstock a notary public and associate
counsel for the defense
All these. except Judge Alternately. are
of Pratt City
Features of the hearing were the testi-
mony given by the defendant. by Miss
Young and by Hattie Phillips. the negro
cook
The hearing of testimony was concluded
and witnesses In the case were dis
missed.
Argument of counsel. which was begun
late yesterday afternoon, will continue at
o'clock this morning.
The prosecution is striving to hold the
defendant on a charge of murder in the
first degree, and to remand him to jail
without bond.
The defense is resisting the attempt
with vigor and with every possible ex-
pedient known to the law
Throughout the day the court room
was crowded with persons, many Of
whom were friends of the defendant
from Pratt City.
Miss Beulah Young was the object OF
interested gazing from the oniookers
throughout the hearing.
The Testimony.
r. NJ Gale said he arrived on the
scene five minutes after the shooting.
He examined the defendant. He found
wounds on the head. 1t seemed to him
that these wounds could not have been
inflicted by a blow of the hand or first.
One of the wounds was on the back OF
the head. The other was swelling
near the left ear.
b. F. Phillips ex-ehief of police. said he
was in Gales drug store when he was
told that Fitzgerald had shot Sullivan.
He heard this five minutes after the
shooting. Was on the scene twenty min
utes later. Fitzgerald came to him and
handed him revolver. He told Phillips,
the chief said, to look under suliivan's
body.
The knucks.
The chief did as Fitzgerald directed.
He found under Sullivan's shoulders
knucks made of aluminium. He identi-
fed the knucks He then examined the
defendant and found two wounds on the
head. He said the wounds could not
have been inflicted by a blow from the
hand In his judgment they were In
flieted by knucks. He had examined
wounds before inflicted by knueks.
Policeman Granger corroborated Gales
and Phillips testimony regarding the
wounds found on Fitzgerald's body. Po-
lceman Weaver did likewise.
Cecic Herman of Pratt City was the
next witness. He said he had no bust
ness. Was In Pratt City the night of the
killing. He had known Sullivan. He said
he saw Sullivan at $3.50 Friday night. Sui
livan had the knucks.
HE pulled them out OF his right pants
pocket and showed them to me-" said
Herman. "They were rlGde of pewter
or aluminium. He said he was going to
knock hi out OF man at his boarding
house"
Miss Young Testifes.
Miss Beulah Young was the next wit
ness Her appearance caused a fiutter
in the court room. When her name was
called she came In demurely and took the
stand. She was dressed in brown gown,
with a brown silk shirt waist, white
a big gray plush hat and a long brown
fur boa. A lady's gold watch chain, hung
around her neck, fell over her bosom and
disappeared in her brown belt. Her
hands were ungioved. On each hand she
wore rings-a diamond solitaire on the
third finger Of the left hand. Her plump
face was pale. Her brown eyes looked
out calmly through pair of gold-rimmed
spectacles at judge and counsel. AS she
began to testify her manner was compos-
ed her speech low but firm. 4ier answers
stilled the court room. everyone leaning
forward interestedly to hear what she
mig.-t say.
AS Witness for Defense.
Miss Young appeared as a witness for
the defense.
What is your name?' asked counsel
for the defendant.
"Beulah Young"
Where do you liver
Pratt City"
What house do you live In thereY'
THE Young house,
did you know Mr.. Sullivan
Yes, SIR
Did you know Mr.. Fitzgerald?"
Yes, SIR
Did they board there7''
Yes, sir; both of them
Were you in The house Friday night
when Sullivan was shot?'
Yes, SIR"
How long have you known Sullivan
About two years"
did you hear Mr.. Sullivan make any
remark about Mr.. Fitzgerald"
To this question the prosecution OBJ
jecteA. After wrangie between the