The Montgomery advertiser., 1905-01-27
Mrs. Anna FOrston Testifics in TuSkegce Hear
 ing.
Two es the pefendants, sheriH Conner and Deputy Lamar, Swear That the McBrydes Assaulted the Former Without the
 Slightest Provo-
 cation.
By. L. F. woodrun.


 Tuskegee. Jan. ss.--tspeoiaLl l--Prac- tically all of the evidence of both the State and the defense is before Justice T. F. Proctor. hearing the preliminary trials of Sheriff John T. Conner. Deputy George Lamar and Marshal Sam Y. Taylor who on Monday night one week ago killed Robert and James MeBryde on the streets of Tuskegee after desperate struggle and who are now on trial for murder.
 Conner and Lamar went on the stand today and told of the desperate strug- gle in which the Mcsryde brothers were killed. According to their evidence. the McBrydes attacked Conner with knives without provocation.
 The dramatic incident of the day was the giving of evidence by Mrs. Anna Forston of Columbus. Ga-. half sister of the dead men. With her voice ringing with suppressed emotion she declared that Jim McBryde on his death bed. suffering agonies from four wounds, with curses and irnprecations against his slayers. declared that Sam Taylor, town marshal of Tuskegee and George Lamar. a deputy sheriff. fired the fatal shots.
 Throughout tedious day in court, the State had labored unsuccessfuliy to bring out a dying declaration. By an attending surgeon they tried II. -py the aged father of the deceased men, it was attempted. On technicalities of the law. these efforts were hlocked by the defense and the men from Cotton Valley, who are partisan to the prose- oution. had abandoned the hope that dying statement would be brought out
 Fer the States purposes. the decia- ration could not have been brought out in a more forcible manner than by the testimony of Mrs. Forston.
 When she first took the stand, she testified that her brother was conscious when she reached his bedside. Attor- ney Lewis for the defense objected and and in arguing his objection, asked the court, how did she know he was con scious?"
 Recognized His Sister.
 The answer did not come from the court, it came from the witness stand "I knew he was conscious because he called me by name. He said here's Anna. my sister and he broke out cry ing"
 The court was as silent as tomb The throng within hardly breathed. Al a great actor quells great audience so did the pathetic tones of the witness silence the court room. It was a dramatic scene.
 From that time until her concluding sentence. when she said that as Jim McBryde's life went out, he called down the imprecations of God on his slayers she was allowed to tell her story.
 In simple words she expressed her self. Many laws of evidence were violated. She told of her sisterly at tentions to her dying brother and other nf vt nAf1FA hnt Attorney Lewis recognized the pathos of the testimony and he did not object Only one other time was Q technical question raised during her testimony Early in her evidence there had been a question raised as to McBryde's full possession of his faculties. The wit ness told of how he asked for water q gave him some in a glass that had contained whiskcy."
 q object" shouted the counsel for tho defense. Whats the whiskey got to dc with this case?"
 And again the answer came. ''he recognized the taste of whislSey in the glass and asked me to rinse 1t out and give him fresh water. That shows he knew what was going on,"
 Once only did the witness falter. The question came. what were your broth er's last words?"
 Have I got to answer thatP she asked the court She received an af' firmative reply. She then told of how he died cursing his slayer and repeated the words in a broken voice.
 The dying declaration testimony wal also brought out in a very forciblt manner. She told of how her brother was in complete possession of l1is faculties and how he recognized that his time on earth was only a matter of minutes. She described how sht knelt by his bed and prayed and how