The Birmingham age-herald., 1905-12-14
TWO MEN ARE HELD
 FOR VESTS MURDER
ScrogginS and Harman Charg-
 ed With Killing West
MUCH TESTIMONY TAKEN
Witnesses Tell About Events on the Night of the Tragedy Near North
 mingham-lnvestigat of
 Johnson's Death Postponed.

JohnSon'S Death PoStponeo,
 As the result of testimony given at the coroners inquest yesterday afternoon In the case of Dwyatt A. West. who was found dead near North Birmingham last week, warrants have been issued against Harry Scroggins and Frank P. Harmon, charging them with the murder.
 These warrants were issued by Coroner W. D. Paris and were served on the two men, who have been confined in the county jail pending the inquest. They are returnable before Justice of the Peace ". E. Hansburger of North Birmingham. and the preliminary hearing of both men will be held there.
 All the witnesses who have been sum moned to appear before the jury by Mar shal John Cole of North Birmingham, gave testimony at the inquest and the jury was not long in arriving at the fol- lowing verdict:
 We the jury empaneled by the cor oner of Jefferson county, on, to-wit, the 5th day of December 19O5 to inquire into the cause of the death of Dwyatt A. West, having diligently investigated such cause, taking all the testimony obtainable, we agree that the deceased came to his death by a gunshot wound at the hands of IIo nd Frank p Har- mon, and that the said killing was un- lawfully and maliciously done against the peace an dignity of the state of Ala bama"
 Testimony of Witnesses.
 The testimony of all the witnesses was not concluded until about D. m. J.. W. Harris, the proprietor of the place where a crowd of men had been gamb- ling the night of the killing, was the first to testify. He stated that Harry Scrog- gins, Frank Harmon, Jesse Howell Acho Patterson, Jim Ellis, w. D. Johnson and D. A. West, the murdered man, came to his place of business Sunday after noon, and went to room on the upper floor where they remained until he order ed them out at midnight. He said that a SS calibre hammerless pistol had been pawned to him for sl early in the evening and that the weapon was redeemed Dy Scroggins. He further said: When we closed up the house at 12 o'clock all had left but Scroggins and Harmon. l knew nothing of the killing until Tuesday morn ing when Frank Harmon told me. Will Wells told me then that 1t looked very much like Scroggins and Harmon had killed West. When they were leaving my store Harmon said to me that if I didn't let them play longer they would go to Scroggins' house and finish the game. Scroggns came to my place Monday morning and said that Harmon had sent him to pay bill for him and left $S in money. He told me the night before that he didn't have any money"
 Will Wells testified that he went to Harris place at 2 o'clock Sunday after noon and that the same men were In the game until midnight. He said that he saw Jess Howell pawn a pistol to Harris but that 1t was the property of Patterson,
 "The next time I saw the pistol it was in the hands of Scroggins" continued the witness "and I saw him exchange it with Johnson for 32 calibre gun. The pistol given Johnson was not loaded. In about five minutes after the exchange was made and Scroggins went out, I heard two pistol shots fired and said to John son, there soes that fellow shooting your pistol on Sunday night to which he re- piled, yes, 1t was his little Betsy bark ing I was present when Scroggins re- turned the pistol the next morning. l tolo Harris then that I believed that 5,rJg. gins had done the shooting. l overheard Harmon say he was going to have tse money back which had been won by Vest
 Heard Shots Fired.
 Jim Ellis testified that he Was with the party Sunday night and that Harmon Scroggins and West did most of the gam bling. He further said that the former two were watching West very closely all the time.
 J. R. Patterson testified to being pres ent when Scroggins returned the pistol to Johnson at Harris store Monday morn ing, and saw him lay it on the counter with some cartridges. He swore that John son said to Scroggins, Oh yes, d. you l heard little Betsy barking twice last night and that Scroggins replied he had not fired it, but asked what if he hal Walter Hanson, another witness, sta-ed that Scroggins went 10 the place where he was at work Monday right. and call Ing him to one side said that he was very uneasy about that killing and he QIanson) told him dead men tell no tales He said that 1t made no difference he felt worried and that he would return later and tell me something more. He did re- turn but was drunk and wouldn't talk Ellsworth Carr told the jury that about II o'clock he went by the store where Harry Scroggins worked. He swore he saw s light in the store and two men were vis- ible One had a heavy moustaehe anc was standing in the doorway and the other was just on the outside. He fur. ther testified that he overheard one oi the men tell the other that he wanted tc go to the fertilizer plant and that bott men went inside and locked the door, q walked away and when l reached mS brothers home l heard two pistol shots fred" stated the witness in closing his testimony.
 Drank Whisky.
 Jess Howell testified as follows:
 "Scroggins, West and Harmon left the Harris place together, and Harmon said that they were going to scroggins' home A.. a,,t.t, tho oopaa Before I Iaft tha store