The Montgomery advertiser., 1905-05-31
MIR. RANDOLPH
 DISCHARGED Court Finds He Acted in
 Self-defenSe. A PRELIMINARY HEARING Judge Randolph Repeatedly Threatened His Cousin. Defendant in Court Room Labored Un- der Great Emotion-Justice Screws
 Releases Defendant After
 Hearing Testimony. -

John Randolph, charged with the murder Saturday afternoon on South Perry street of his second cousin, ex- | Probate Judge Francis c. Randolph, of | Montgomery county, was yesterday discharge on his preliminary examina- | tion by Justice Michel H. Screws | after trial fraught with incidents of heart interest.
 The climax of the sensational trial | of yesterday morning was reached, when John Randolph took the stand in his own behalf and told the details of how he killed the man who, per- haps, he loved better than any man on earth. The testimony was delivered in a voice scarcely audible on account of emotion and the city court room, filled with humanity was still when the witness almost sobbed out the words he had used to his aged cousin My God, Cousin Frank-Don't force this on me- I'm the last of the Ram dolph blood that will speak to you on the street. For Gods sake drop that notion."
 No Doubt of Outcome.
 The trial from the outset seemed, to all of the vast throng in the court room, to be merely a matter of form. There was hardly a person present who had any other thought than that John Randolph was justified in staying his cousin and stin there were many of Judge Randolph's friends in the great audience.
 Solicitor Dent, as was his duty, fought the hopeless case to the best of his ability but at no time during the taking of testimony, was testimony of any import to the State introduced.
 State witnesses made good witnesses for the defendant. while the witnesses for the defense all gave excellent evil dence for John Randolph.
 The only surprise of the trial was the condition of the defendant.
 During the time since he surren- dered to Sheriff Waller Saturday after noon after he had killed his cousin, MT. Randolph bore up splendidly under his Imprisonment and the fact of having been compelled to take life. He re- ceived friends in the county jail and seldom showed that his nerves were the least strained by the horrible trag- edy In which he was a leading player.
 Yesterday in court, however, the or deal was too strong. John Randolph appeared a nervous wreck. During the trial, he opened his lips but a few times. He was seated in the midst of his group of lawyers, but during the long proceedings, his hand was held over his face. When he went to the witness stand. he was entirely unable to control his nerves and his hands shook violently.
 Crowd fin Court Room.
 The hearing was set for 10 o'clock by Justice Screws but long before that hour the big city court room was crowded. The crowd merely came to hear any of the additional details of the tragedy not published and there was absolutely no dissension as to the discharge or the binding over of the defendant.
 Solicitor Dent conducted the prosecu- tion. He was assisted by Deputy Soli- citor W. T. Seibles. The defendant was represented by six lawyers.
 AS soon as the court was convened, and the witnesses were called and sworn, the lawyers asked for a few moments for conference The moments dragged into over an hour and a half but during that entire time, not a man left the court room. The crowd was agog to hear the details of the trag- edy.
 The warrant was read and the de- fendant entered the formal plea of not guilty.
 Examination of Witnesses.
 G. F. Bemer was called by the State