The Montgomery advertiser., 1905-12-01

ing. He was cool and made valuable witness for the State.
 On redirect examination, Milner said he did not know that the defendants were drinking. He was again exam- med as to distances. Milner was on the stand over an hour.
 Byron Milner Examined.
 Byron Milner. son of the first wit ness, was then called. He testified that he heard Glass and his father quarrellipg and heard his father urge him to Dc quiet and finally order him out of the house. He corroborated his fathers testimony as to the converse tion and action of Glass. Milner wont back in the house and there joined Rutherford, who told Glass he would have to quit cursing on account of the prcsense of his daughters. Glass threatened the boilermaker and just as he went for his gun, Rutherford showed both Glass and BedSale down. Bedsole crawled from under the heap and threw his gun at Rutherford's s head, telling him to get up or he'd kill him. Just as Rutherford arose, Glass fired and just as he rose straight and turned to the house, the second and fa- tai bullet was fired.
 Bedsole ran down the street, but Glass stayed for a few seconds and searched for his hat. His mother urged him to leave and he ran after Bedsole.
 On cross examir ation young Milner testified that he and Glass secured the music the afternoon of the killing. When Milner, the father. took CLASS out of the yard. Bedsole followed them. They gathered in a group and then there was a conversation in which Glass was heard to curse. Distances were also located by the younger Mill nA h<> xurfft. ,.1I IA1 n.,%t. erford just before the shooting ard told by him to come with him and stop the row or get Glass off.
 E Glass was reclining on his left hand when he fired the last shot, according to the witness.
 Nephew of Rutherford.
 R. c. Peele. who was at the dance on the night of the killing was called He is young factory operative. and. a nephew-of Rutherford. He saw Bed- sole standing over Rutherford and heard him say, man, get off of that boy or I'll blow your d--- brains out" Just as Rutherford arose he, done you any harm" Just then Glass fired twice and his uncle fell. Bedsole and Glass ran off and Glass turned, saying. I've killed one d-2A--- --- -- and I'll kill another one if he comes up on me-"
 On cross examination PeeIe testified that he had talked over the case only before the. grand jury. He then testi- fled that he had talked over the case several times after the shooting. He did not SC Milner give Glass his hat and testified that Glass and Bedsole raa off together. He said that the name Rutherford was spelled R-u-t-h-e-r- ford and not "R-e-l-l-e-f-o-r-d." Solicitor Dent had asked him how to spell the rame earlier in the day.
 Glass's pistol was in his hand and the hand was pinioned to the ground by Rutherford.
 Robert Gregory corroborated Miner as to the conversation between Milner and Glass prior to the killing. Ruther- ford told Glass to hush his big talk or get away. He had three little daughters in the house and they had to be respected. He corroborated pre- vio1s testimony except that he swore Byron Milner grabbed Bedsole's arm as he was pointing the pistol at Ruther- ford
 On cross examination he located the principals and several of the witnesses Glass did say that he did not want any trouble. The killing took place accord ing to his testimony in the road and not gn the adjacent field. Bedsolc left the place before Glass.
 Boy Had Two Weapons.
 J. P. ANant mounted patrolman. tes- tified that when he and 'Patrolman Oscar McDade approached Glass shortly after the shooting, the boy drew d pistol on him. The patrolman secured the gun and as he did so Glass drew another gun. which was taken from him by McDade. The pistols were two 3S-cslihre Smith & Wesson revoivers After inc arrest, Chase told him he would rot have resisted had he known who Avant was. The witness had pre- viously arrested the defendant. Glass told the ratrolman that Rutherford | had cursed him and had beaten him up |