The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-22
ARGUMENT BEGINS MONDAY
The Defendant Is Charged With Kill.
ina NELL MuIlin at Ensley Last
March-Large Number of
Witnesses Examined.

| Brazeal and Il. Is. BeckWlth, All OIL blrIn-
ingham. After the jury was organized
and the oath administered recess until
Il o'clock was taken in order that the
attorneys for the state might have a
| conference At IL o'clock the taking of
| testimony was commenced by the state.
At o'clock the state announced that 1t
/ would rest its case.
Yesterday afternoon the attorneys for
the defense made efforts to have the
| case go over TO Monday, but seeing that
the attorneys on both sides had made
good progress in the exampation of wit
ness, Judge Dan A Greene announced
that he would finish the taking of testi-
mony before a final adjournment for the
day would be taken.
Laws is charged with taking the life of
ELL Mullin in the saloon of the former
at Ensley on the night of March 5. 1904.
The mother and the sisters of the de-
PENDANT appeared in court yesterday aft
ernoon.
The state is represented by Solicitor j..
b. Ard and Frank S. White &c Sons,
while the defendant is being represented
by b. M. Allen and CASTOR e. Stallings.
Assistant Solicitor j. b. Arid read the
Indictment to the jury. It charged muir
der In the first degree. The Indictment
was returned by the April term of the
grand jury in 1904.
1.-THE defendant pleads not guilty to
the Indictment" said Attorney Stallings.
John Anguin, an undertaken, testified
that he saw Neill Mullin shortly after
he died. He testified the deceased was
shot in the arm and in the back.
you know Mr.. Mullin?' asked Cap
tain White.
yes"
where is your place of business"
"Ensley."
"Where was the second wound?" asked
B. NJ. Allen
Just under the right shoulder"
Will Roberts, a miner residing at wy
lam was called
did you know Neill Mullin?"
Eyes, SIR
Ibid you examine him after death?"
Eyes, SIR"
Ibid he say anything about his condi-
tion?"
Eyes, he said he was kicking with one
| lung"
Did he tell you of the difficulty%
Eyes, SIR
what did he say?"
Said that he was playing a game Of
pool in Laws place. Ordered a drink
and had some words with Laws. Laws,
he said, cursed him and he struck the
defendant with the back of his hand.
/ l4dWS lIcn WtuL dipuAu btAilAh Nlt Ddi
and got a gun and shot him. After he
fell, he said, Laws came around and put
his gun at his breast. Don't shoot me
any more he told me he said to Laws.
| I am already nearly dead"
'Were you related to the deceased?''
asked Attorney Allen.
Yes"
"How related?'
"Brother-in-law"
Were you ever summoned as a wit
ness in the case before?"
! yes"
"When?"
Last March"
Ever talked to anyone about this mat
ter?'
Have discussed the shooting"
"When did the shooting occur?"
/ "On Saturday night"
"When did he make the statement you
have just related?'
ION Monday night folowing?"
"Where?"
At the hospital"
did he make any other statement"
Yes, sir"
ITO whom?'
Mr.. Moore"
"Who heard it?'
DIR. Edwards, John Mullin. and my
self"
Did he say that he was drinking on
the night of the shooting?"
mo. sir
Ibid he say Laws was drunk?"
mo. sir Said that he was drinking"
Dr. e. T. Fields, a practlcing physician
of Ensley, testified that he saw Mullin
the night he was shot.
did you examine his wounds?"
YES sir"
/ GLOW many tit1ec was he ShOtoi'
Twice"
"Where?"
I'm back and arm
WAS the wound in the back sufficient
to produce death?"
81 think So
WAS the wound a fresh one?"
yes sir"
The state then introduced the clothing
worn by the deceased at the time he
was shot, Witness could not identify the
clothing
How far from the spinal column was
the wound in the back?' asked Attor-
ney Allen.
could not say exactly"
what was the difference in the height
of the two wounds"
| "About fifteen inches"
Ibid you probe the wounds ?''
mo, sir"
WAS he paralyzed?''
Yes. sir; partially"
ITO what extent?"
Did not have use of his legs"
was he incoherent in his talk?'
YES. sir"
WAS he drinking?''
81 should say yes
was he too drunk to know what he
was talking about%'
| Eyes, sir"
John Mullin, a cousin to the deceased.
was called by the state.
What time was Mullin shot?'
| might of March ), 1904"
cat what timer"
| about u o'clock"
'where?"
"At Ensley.'
what day of the week was it?'
Saturday night"
where did you see him after the shoot
! ing?'
about thirty feet from Laws saloon"
Gould he walk?"
mo, sir. Two men were holding him
up"
The witness identified coat worn by de-
ceased at the time he was shot The
coat was then handed to the jury to be
| examined
did you see the deceased on Monday
afternoon or night?"
| Yes, SIR"
| "What did he say?"
| Said that he was DYING
1