The Montgomery advertiser., 1905-05-31

QOOr ana turned to the northeast lie
 saw Judge Randolph and heard the
 wads of the load of the gun strike his
 body. Judge Randolph was walking down the street leisurely with his hand in his right front trousers pock- ct. There were no words passed be-
 tween the men, who were six or seven | feet apart.
 On cross examination MT. Bemer testified that he did not know whether Judge Randolph staggered nor could he state definitely whether he (the | witness) turned about and walked l down South Perry street or ran. Judge 1 Randolph was a little south of the door of the abstract company's office, | when the shot was fired. and the wit ness did not know whether he came | out of Reese Martins cafe adjacent to Mir Randolphs orfice. The witness swore that he was very much excited | and had a rather confused recollection | of subsequent happenings to the shoot | ing.
 Police Sergeant Gladden. Harrison testified that as soon as he heard the shots he dashed into the abstract com | pany's office. He saw Reese Martin holding a gun and asked him who fired | the shot. John Randolph replied that | he had done so The police sergeant was about to arrest him. when Sheriff Waller arrived and took him in GUS | tody.
 On cross-examination, Sergeant Har- rison said that he saw a man running from the scene of the tragedy. Judge Randolph had fallen by the side of a little tree just in front of the door of the abstract companys office. His feet | were pointing almost directely toward | the door.
 Coroner Tells of wounds. Coroner w. H. Tice testified that one tt,,1 ay1fn hn ok nf T,,I Do. dolph and went in obliquely. The other wound was on the left side of his neck and was about four inches long. His | fingers, when the Coroner reached the scene, were In the right pocket of his trousers, while his pistol, cased in a | scabbard, was in his hip pocket. w. c. Holt. who has a real estate of- | flee about 60 feet south of the abstract company's office testified that he heard | the shots and hurried to the scene. Judge Randolph was dead His right hand was in his trousers pocket and his left hand was over his heart. He corroborated Sergeant Harrison's tes- | timony as to the position of the body. The State here rested.
 Harry Hood, bartender at Reese Mar | tins cafe and restaurant, testified that he saw Judge Randolph at Reese Mar tins place just before the shooting. Judge Randolph left the cafe and he followed him to the door. Judge Ran dolph crossed the sidewalk and walked down its edge to the little tree in front Of the abstract companys office. Hc turned and took two or three steps to- ward the office, when the shots were fired. He did not see anyone on the streets at that time, except a negro in Judge Randolphs buggy, which was near the curb.
 On cross-examination, MT. Hood tes- tifed that Judge Randolph was not staggering drunk when he left Reese Martins. He did not see the horse walk down from Reese Martins to the abstract company's office and Judge Randolph had turned opposite the bug gy when he was killed.
 Bade Friend Good Bye.
 M. F. Hulet testified that he was rid ing on the Lower wetumpka Road Thursday afternoon and met Judge Randolph. He conversed with him briefly and just as they were parting, Judge Randolph said: Goodbye, old boy; won't see you any more per haps; I'm going to kill"
 T object" shouted Solicitor Dent. They cant prove threat before they show that Judge Randolph committed an overt act"
 It was then argued that the threat evidence was introduced to show the state of mind of the deceased toward lHS QeIeHuduls anu tHdS tne mere luTn- ing toward the office of John Randolph by Judge Randolph, considering the circumstances, was an overt act
 Justice Screws overruled the objec- tion.
 MT. Hulet then testified that Judge Randolph said:'Tm going to kill a man before o'clock Saturday; I'll be dead or somebody else will be-"
 What do you mean by that?" the witness said he asked.
 "Youu find out" was the reply. he said he received.
 Reese Martin Testifles.
 Reese Martin testified that the day of the shooting Judge Randolph called him aside and volunteered the infor- nation that there was going to be "the hell of a time around your place this afternoon" He then went on to ex- plain himself by saying that he would kill John Randolph or John Randolph would kill him before o'clock. MT. Martin said he communicated the threat to John Randolph and to James w. Smith. Later on. Judge Randolph told him that he had been to John Ran dolph's office and informed him of his intention to kill him.
 On cross examination MT. Martin testified that Judge Randolph was not down and out drunk" but was pretty fulT' when he left the saloon. When Gladden. Harrison entered the office of ter the shooting Jim Smith held the gun. Mir. Smith was in the office when he arrived. He and Mir. Harrison en- tered together.
 Robert w. Graham, bartender for Marc Vincentelli, testified that Judge Randolph said In his barroom the morning of the shooting that he or the other man would be dead by 4 o'clock that afternoon.
 James w. Smith testified that Reese Martin told him of the threat on the life of John Randolph and that he communicated the threat to MT. Ran dolph. Five or ten minutes later the shooting occurred. He was In John Randolphs private office at the time the shots were fired and did not see Judge Randolph fall. When he last saw the gun 1t was laying on counter. He heard no conversation pass between the men.
 E. W. Jackson, employed at Reese Martins and formerly a city detective, testified as to the location of the two wounds and gave a technical descrip- ton of them.
 Judge Predicted His Death.
 The next witness called was James P. Armstrong, one of Judge Randolph's most intimate friends. Next to the tes- timony of John Randolph. Mir. Arm strong's was tse most effective for the defendant.
 He testified that he had known Judge Randolph for thirty years and that they were intimate friends. He was with the deceased the night hefora he