The Montgomery advertiser., 1905-01-14


 physicians. He had to leave the store to get instruments. h.. said. and could not have heard all that passed between Lawrence and Beiman or between Bei- man and MT. Eagle, who came prompt ly to the wounded mans side. They were talking partly in Hebrew. Bell man repeated his questions. said the witness. and when Beiman asked Law renee why he shot him the latter re- piled: You know dtd not shoot you intentionally" pr. Gay said he did not remember if Lawrence replied to Beiman when he referred to his em- ploye's wish to marry his wife, nor did he hear Beiman at any time state that the shooting was accidental.
 The second witness was Dr. W. W. Harper, also an attendant on Reiman. Dr. Harper said he saw only Lawrence in the store when he entered, saw two pistols which he identified, one of which he saw Lawrence empty of cartridges. To the defense he said the shooting evidently occurred less thar fifteen minutes before he arrived at the store. When he entered he saw only Lawrnce who was stooping hold ing Beiman's head.
 Counsel for the prosecution entered objection to a question put to the Wit ness about Lawrence's outward attitude toward the wounded man after the shooting. The relevancy of the ques- ton was argued at length. The Mayor over-ruled the objection, and in reply to the question the witness said that Lawrence did not appear unfriendly to Beiman. Dr. Harper further said that Beiman was excited, nervous and frightened, although cooler than the average man under similar circum- stances.
 The competency of David Beiman, the 7-year-oid son of the deceased mer- chant. was argued by both sides, but he was ruled competent by the court. Young Beiman identified the two pistols on evidence, one as his fathers and the other as that of Lawrence. whom he knew as a roomer at his fathers house.
 Chief of Police Walters on the stand gave testimony as to articles and papers found on the floor and in draw CTS of the office where Beiman was shot and demonstrated that the cartridges found in the place although of the same calibre were too long for Bei- mans pistol and could not be fired by 1t. Mir. Walters identified the bullet found in the office, and for both prose- cution and defense he showed the posi- ton of the papers and articles show ing blood stains according to a chart of the office drawn from observation.
 On cross examination by the defense the chief of police said he did not know who had been in charge of the Beiman store from Sunday. the time of the tragedy, and Tuesday. the time of the examination of the place by the police and lawyers. He further said he did not know who if anybody had been in the store the days intervening.
 The testimony of the chief was re- viewed and at 1 o'clock the court ad- journed until 3:30 o'clock in the after noon.
 When the court convened in the af- ternoon the testimony of. w. c. Day, was first taken, followed by a long argument by attorneys on the defense's objection to the diagram of the office being used as evidence. The prosecu- ton won the point
 J. l.. Bishop testified that after Bel man made his deposition he made an- other statement verbally in which he | said that the shooting was not an ac- cident that Lawrence shot him inten- l tionally and from the rear as he came | into the stors.
 Joe Rosenburg said he heard q con. versation in German between Beiman | and S. Eagle after Beiman was sho, in which the latter told Eagle to tell his friends that he had been murdered | and that Lawrence had disgraced him and his home for which he had neve' T. Yaretsky testified that he wal
 informed of the tragedy by Lawrence and that after he entered the stort
 he was told by Beiman that Lawrence shot him accidentally. F. R, Stewards testimony was fl substance that when he entered tht
 store Lawrence was supporting Bei. | man, that the latter requested him tG go for his wife if he was a friend. The court was then adjourned until | 9 o'clock Saturday morning.