The Montgomery advertiser., 1905-12-01

with trass knucks and he had fired | while Rutherford was on ton of him j The patf olman asked him where he was hurt and. Glass said that his face and his head were badly bruised from
 the knucks. Avant examined the boy and he was not scratched.
 At the police station Avant said Glass told him that Rutherford was stand
 ing on tho steps when he fired the fatal shot.
 Special ofIicer Oscar McDade testified Icorroborating the testimony of Avant He testified that one pistol had one
 loaded cartridge and tho other hand on
 loaded cartridge.
 Joe Creemer told of the advent of tho boys to the Miner house and cor | roborated tho previous testimony. He
 could not see the fight proper but he heard the pistol shots and heard Ruth- erford's voice asking Glass not to shoot I him.
 On cross examination. he testified that on the porch Bedsole said If | aint a man, too" He then rehearsed the
 entire proceeding. Bedsoie ran first and Glass followed.
 billiard Knight testified that he saw Glass and Bedsole boys before the kill ing and they told him they were going
 up to the Milner house and dance or | break tho dance up. Glass had n pistol
 Jim McHugh testified that he Saw
 Glass on the night of the killing in Me Neirs store. Glass went up to Jim
 Redmond and whispered to him and
 Redmond drew -his pistol and save IL
 to the boy. Glass tunredY and walked from the store. This was about a half hour before the killing.
 | z. B. Pendland testified that on the night of the killing he lived four houses from Milner. On the night of the kill ing, while in bed. he heard pistol shot. He rushed to the front door and saw one boy run by and shortly afterwards | heard another man cry out, Wait, F. J.. I've killed one ----, and I'll kill another one if he comes on mo. . Bedsole is familiarity known as F. J. 1 in Factory Row.
 Girl Tells of Tragedy. | Miss Liflie Rutherford testified that she left the Milner house shortly before the killing of her father and saw Glass
 on the porch She heard him say he'd break up the party before he left. On cross examination she testified that she had been in the house three- quarters of an hour before and had | heard no disturbance until she left. About ten minutes later she heard the shots fred
 pr. J. S. Sadler testified that Ruth. erford was shot through the right side between the fifth and sixth ribs, the ball ranging upward. He informed the patient that he was about to die and the daughters Were summoned. Ruther- ford told the witness that he was Shot by young Glass,
 On cross examination Dr. sadler tes- tihed that Rutherford said the red headed Glass boy shot him. J. D. Glass Is not red headed.
 State Rests Case.
 At this point the State rested its case.
 Dr. Milligan. who was called by the defense. testified that he examined Rutherford. The bullet entered the right side between the sixth and sev- enth ribs and went at an angle of for ty-five degrees, ranging upward,
 Dr. Sam Billing testified corrobor- ating the testimony of Drs. Sadler and Milligan. The dying man said that the red headed Glass boy fired the fatal shot.
 The dying mans request was for pr. Billing to care for his three daugh- ters if they were sick,
 Mrs. Kirby testified that she was at the Milner dance but did not hear cursing or loud talking or profane lan- guagc just previous to the shooting. She saw Rutherford in the room, where the dancing was going on and saw young Mtlner approach him and tell 1 him that some boys were outside CUTS ing and raising devilment. He and1 Milner left together and the shooting | was heard in n few moments
 On cross examination she said she heard somebody say "get up off of that | boy or I'll kill you" She saw Ruther- ford fall. She saw neither Glass nor Bedsole.
 Bill Edwards testified that he heard | Milncr ask Glass to get out of the house. Milner told Glass he'd make | him behave if he didn't behave. Glass | replied that no man could make him | do anything. Rutherford came out and | asked who was doing the shooting and | Milner said, 'J. D. Glass" Rutherford | then knocked Glass down. The wit ness then ran fearing a shooting.
 On cross examination he testified that he saw a pistol in Glasss hand. | hit at Glass in the direc- | ton of the head. He testified that | he was facing the house and did not | see the blow but he judged from the I in which Rutherford drew back his arm. Bedsole was standing | near by. Glass put his pistol in his pocket. He had conversed about the ease frequently. J. D. Glass was drinking but was able to walk. On the street he told J. D. Glass to put his gun up and Glass did so.
 Sturgeon Glass,a brother to the de- testified Sthat he saw his brother shoot Rutherford and corrob- orated the testimony of Bill Edwards in every detail He swore that his brother cried out for Rutherford to get up from him. Then he saw a gun and shortly afterwards saw Rutherford shot.
 On cross examination he testified that q third party unknown to him had the gun. The gun was pointed toe F ward both tho witness and Rutherford. After he helped his brother up, he saw | gun in his left hand. Both flashes seemed to come out of the ground. He knew that it was his brother who fired because the flashes came from the earth. The blow of Rutherford struck 1is brother about the head. He didn't believe he told Caficer Avant that he pulled Rutherford off of J. D. Glass and then was when the shots were fired. He heard no angry words be- .ween Milner and the defendant.
 At the close of Glasss testimony, for the defense stated that here remained only two more wit lesses outside of the defendants and these two witnesses were hurrying to from Birmingham. They asked until this morning for the talk ng of their testimony. This was