The Birmingham age-herald., 1905-03-24

represented by Assistant Sollcltor J- b. Aird and the defendant by John ". Tom linson and Frank Deedmeyer.
 The most important witness was J. w. Swain. the only eyewitness to the shoot ing, who testified in behalf of the state. MT. Swain is bartender In Wren's sa- loon and was on duty the night the killing occurred.
 Swain Testifies.
 His testimony in part was Shortly af- ter 1O:SO o'clock Saturday night MT. Me- Cornell came into the saloon with a double -barreled shotgun and placed it be- hind the counter, at the same time say ing that he wanted to leave 1t there until a wylam car came, which he in- tended to catch. He stated that he wax going hunting Monday. Mir. Mcconnell was wearing hunting coat
 He was sitting down at the time MT. Naylor came and purchased a glass of beer. The quarrel, which was started in the early part of the evening, was renewed. MT. Naylor was standing in the center of the saloon when he opened fire on MT. Mcdonnell, who was then sitting on @ stool, with his gun lying on his lap When he had shot at the de- fendant four times the defendant leveled his gun and fired on the deceased, the shot taking effect on the breast. Don | know what words passed between the two men. Mcconnell was not looking when Naylor fired the first shot. The shell in the left barrel was fired. Don't know who struck the first blow in the difficulty preceding the shooting. J. L. Williamson, the next witness for the state, did not see the killing but was present in the pool room when Nc Connell and Naylor had the quarrel over a pool game He did not know whether Naylor was drinking or not. w. Lankford for the state, had seen the defendant with shotgun between 9:30 and 10 o'clock on the night of the killing. Had also heard Mcconnell call Naylor an abusive name, between the time the quarrel took place and the kill ing occurred.
 The Pool Room Row.
 Paul Mckenzie for the defendant gave the following testimony: T saw the diff flculty in the pool room in the early part of the night before the shooting took place. saw Naylor strike McCon- nell on the face twice. Later in the night l heard Mcconnell say that he wasn't looking for any trouble. Was in the pool room when Naylor walked into the bar where Mcconnell was Two minutes later heard the shooting. The pistol shot was fired first and the other shots fol lowed in rapid succession.
 Frank Wren said he was in the saloon at 10:40 o'clock Saturday night Saw Me Cornell, but heard him make no threats against Naylor.
 Jones' Testimony. J. H. Jones saw the defendant on the night of the shooting. Had his gun and hunting coat and said that he was going hunting Broke the gun and found fl empty. Did not hear him say anything about Naylor.
 John Adams testified that he was pres ent when the first quarrel occurred be- tween Mcconnell and Naylor in the poo room Naylor asked Mcconnell if he had got the cigar he was smoking for the part he acted in the pool game.
 The Arguments.
 The argument was opened by Solicitor Aird who spoke for several minutes re- viewing the evidence and quoting from the code on the different degrees of mur- der.
 MT. Tomlinson spoke several minutes for the defense. Reviewing the evidence of the witnesses for the state and the de- fndant
 MT. Deedmeyer was the next speaker for the defense. He quoted from several authorities on the different kinds of hom- icides, and closed with a plea for the acquittal of the defendant Solicitor Ard closed the argument in behalf of the state.