The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-03-15

the Sttae. None of the county SollcltorS
was present and the relatives of the
deceased had failed to employ an at
tcrney. In the absence of any represent
tative for the state Justice of Peace
Gurley conducted the cross examination
for the state.
Hooper Returned to Jail.
Hooper was carried back to the county
Jail at Birmingham, and it is understood
that an effort will be made to have the
bend reduced before any steps are taken
to procure his release.
Dave McCroy, a saloon keeper from
Nylam, In whose place the men are said
to have had a row before the killing oc-
Cured was the first witess He testified
that Jim and Lem Vance, Joe Hooper
and Carl Bubble had been in his place
shortly before the killing took place
on the evening of March Is and that
they had engaged In a quarrel. He did
not see any blows passed.
Jim Vance was the next witness for the
state. He said: My brother, Carl Blu
me and Joe Hooper were all in McCroy's
saloon on the evening of March Is. We
were all drinking heavily with the ex-
ceptlon of Bubie who only took one drink.
No fight occurred until after we had gone
to Mentz's saloon. AS we approached the
front door of the saloon, Hooper rushed
in and procuring a revolver met us as
we were going in and fired at Bubble, the
bullet taking affect in the stomach. l
then attempted to wrest the pistol away
from Hooper. but experienced some trou
Bile in the attempt. Hooper swapping the
gun at me several times"
Lem Vance on the Stand.
Lem Vance was the next witness. He
testified about the same as his brother.
In ba oaid no ha xvao aar rviOq n
stick at the time of the shooting as in
deed he always did. He used the stick
in trying to seperate his brother and
Hooper after Bubble had been shot.
Dr. Caldwell of Wylam was called to
the stand by the defense. He said that
he was a physician at Wylam and that he
had Bubie carried to the hospital shortly
after the shooting. He had not examined
the wound, but on cross-examination, said
that from what the hospital doctors said
about the nature of the wound, 1t was
impossible to have made the shot other
than in lying down condition. The bull
let entered the right side and ranged
upward, lodging somewhere in the back.
]. d. Roberts was called by the de-
Tense. He did not see the shooting, but
was in Mentz' 1saloon at the tirle it oc-
CURED. He saw Hooper get the revolver
and go to the door; heard the shot fired.
When he went out he saw Bubble with a
piece of billiard cue appraised in his hand
as II to strike someone.
G. T. Virgins was placed on the stand
and testified that he saw Hooper coming
from McCroy's saloon with .nree other
men In close pursuit. that he saw Hooper
lean for awhile on a telephone pole and
then enter Mentz' saloon. He did not see
the shooting.
James Freeman swore that he was in
front OF Mentz saloon when he saw
Hooper coming down the street with the
Vances and Bubble in pursuit One of the
vances carried stick and Bubie had a
piece of a billiard cue concealed under
his coat.
Brother-in-LaU Talks.
John Boykin, a brother-in-law OF the
deceased, was put on the stand. He said:
II was with Carl Bubble several times
after he was taken to the hospital.
went with him in the ambulance from
Wyam to st. Vincent's hospital. When
the doctors told me that he could not
live I went to Carts bedside and told
him that he was fatally wounded and
asked If ne had anything to say about
the shooting. He told me that Hooper
shot him without cause, but that he want
ed me to promise that / would let the
law take its course and that / would
do nothing TO have Hooper convicted.
Friday afternoon a short time before he
died he called for me again and made
me give him my promise that ] should do
rothing to bring any punishment on
Hooper,"
DR.. E. T. Fields of Ensley was called
on the stand to testify as to the nature
of Hooper's wounds. He said: II exam
ined Mr.. Hooper's wounds and gave them
attention. He had two scalp wounds on
mis- head, which were inflicted by blunt
instrument. and a stab in his right side,
which was made with a knife"
Hooper Testifies.
Hooper, the defendant, was then placed
on the stand and testified as follows:
II live at Wylam and work at the steel
plant. The Vance brothers and another
man Hooper, who. l did not know, were
drinking with me in McCroy's saloon on
the evening of February IS. We had
some words over a pool game, which re-
suited in Lem Vance striking me with
his walking stick and Bubble striking me
with his fists. l finally broke aloose and
started towards Mentz's saloon in hopes
of getting some protection. The men
followed me. 1 was faint from the blows
and when l got near .ientzs saloon, /
leaned against a telephone post and saw
my assailants following me. l then turned
into the saloon intending to get the Mentz
to protect me.
II went behind the counter, hoping that
I might conceal myself. l saw the revolt
yer lying on the shelf, and thinking that
1 might protect myself with 1t, started
out of the door. l met the Vances and
Bubble. In graphing with them the pistol
exploded. Prior to the time the pistol
went off Bubble struck me over the head
with piece Of a billiard cue.
Attorney Monks Speaks.
All the testimony being in Attorney
Monks delivered a brief speech reviewing
the evidence and reading the law on
self-defense and retreats.