The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-05-07
Criminal Court.

Criminal Court.
viii A. benson, borne on a cot, appeared
before Judge Weaver in the first division
of the criminal court yesterday morning
t. face the charge of assaulting with in
tent to murder, r. L. Leatherwood July
5, 1904. at the corner of Second avenue and
Twentieth street.
The trial of the case engrossed the
courts attention throughout the day. The
jury was empaneled, witnesses for the
state and for the defense were examined
and cross examined, and at ) o'clock all
the evidence being in, the court adjourned
to convene again tomorrow morning at 10
O'Clock. when arguments of opposing
counsel will begin.
Mr. Leatherwood, detained at home by
Illness was absent from the court room
throughout the day.
Trial of the case began promptly, these
twelve men being speedily chosen as
jurors: T. A. Collier, Mack Martin, II. p.
Liscum j. A. Lay. p. M. Partridge, ]. n.
Thompson, NJ. z. McGlathery. p G. Arm
strong, w. T. Robinson, r. e. Whitehead.
d. l.. Gray and Ezra Hych.
ten, watchman Mr.. Byles. contractor;
S C. Weatherford, Joseph Satterfield, DR..
Copeland, j. X. p. Lacey. Charles Tenn
erson, w. II. Davidson John w. Noel
rath, X. G. Jeter and S. o. Parsons.
After DR. Copeland had testified regard
ing the wound inflicted upon Leather
woods head by the blow strucl with a
piece of paper-enrolled lead pipe, the 9TH
witnesses for the state, with slightly
varying accounts, swore that the defend
ant had come upon Leatherwood from
Leatherwood's rear, or side, and felled
him to the ground with something that
looked like an enrolled map. Mr.. Byles,
one of the states witnesses, said that af-
ter Leatherwood had been struck down
he (Byles) said to benson: THAT was a
dirty, cowardly trick" and that benson,
with an obscene expression. told his
(Byles) that he (Denson) would give
Byles the same thing"
Counsel for the defense conducted a
searching cross-examinatlon of each wit
ness for the state, Colonel Bowman asK-
ing the questions and frequently receiv-
ing suggestions from the defendant s
ldlneT, COl. w. II. benson
When the state rested the defense in
troduced a score of character witnesses.
These included the Rev. DR.. J. w. Stage
the Rev. j. II. Mccoy, Judge Ferguson,
Judge Howe, Capt. w. NJ. Redd. Dr.
Howard, DR.. Sholl, c. II. Johnston, Frank
S. White, Jr., j. W. Randall. Mr.. Miller
Mr.. White and Attorney A. o. Lane.
When asked whether or not the de-
PENDANT bore a good character in the
community, the answers of these wit
nesses ran like this:
II consider 1t as good as any man s
/ ever knew"
Excellent
Good"
Nothing to his discredit.'
every fine"
Every good"
Exemplary"
Exceptionally good" ETC., etc
The states counsel dismissed each wit
ness without discrimination.
M. Satterfield and w. b. Langford, wit
nesses for the defense, testified that they
saw benson and Leatherwood at the
place and time where and when the diff
fculty took place, and that as benson
got within five or six feet of Leather
wood, Leatherwood stood as though about
to advance upon benson, his right hand
reaching into his pocket as he did so.
Thereupon the witnesses testified benson
struck Leatherwood. Neither of them
heard benson make the remark to Bryles
which Bryles said benson had made.
Examining the witnesses Attorney AL
len of counsel for the state, brought out
the fact that the two witnesses did not
see Leatherwood actually move toward
benson. but merely stood as though about
to advance upon benson.