The Montgomery advertiser., 1905-02-16

and put in a buggy. Before he was handcuffed. George Bryan, lying on the ground, said to his brother. Bud, he has given me my death shot. Let me kill him"
 George Bryan was carried to Green vile in his brothers buggy. He died i've days later. the shooting having oc- cured on June 10.
 The testimony of Mir. Bryan was se- cured over many protests from the de- fense. The defense protested particu- lsrly against the bringing out of tes- timony as to things which were said or things which were done when the defendant, Kate Johnson. was not pres ent.
 Solicitor Bricken protested against this objection of the defendant. A sew erance of the three indictments had been secured, the Solicitor argued. and If the objection was sustained evidence would be adduced only as to what hap pened while all three defendants were present. Tn such a contingency the evidence would get before the jury in a garbled and impossible form.
 Judge Richardson ruled that a con- nected account of the case and the evil dence could be brought out, and Mir. Bryan told his story practically as the defense wanted him to telf the incl dents of the June tragedy
 Dr. Kendrfelx'n Testimony.
 Mfr Bryan was followed on the stand by pr. John Kendrick, a practicing phy- sician, who was called in to treat the fatally wounded George Bryan. Dr. Kendrick was called to the stand to tes- tify particularly as to the dying dec- laration of the wounded officer. There was the usual legal sparring as to whether George Bryan knew that he was going to die when he made his declaration. Dr. Kendrick satisfied the court that Bryan was fully aware that his wounds were fatal, and that he would die. He told Dr. Kendrick that Johnson had given him his death wound.
 The vital part of pr. Hendricks tes- timony was the statement of George Bryan as to what occurred while John son was struggling with the officers. Bryan declared that while he was hold Johnson ran up behind and struck him with a piece of scantling. The force of the blow knocked him loose from Johnson. As he fell back, Johnson, with his freed left hand, pulled, a pistol from inside his vest and shot three times. Two of the shots took effect m Bryan's stomach.
 Sheriff Hartley, upon the stand, cor roborated the testimony of Oliver Bry- an. The Sheriff told of the trip to the Johnson home and of the attempt of the officers to arrest John Henry John son. He described the struggle be- tween the officers and Johnson. and the shooting of George Bryan. description which tailed with that of Deputy Sher- iff Oliver Bryan.
 The sheriff then testified that Katie Johnson ran out with a shotgun and ievened 1t at Deputy Sheriff Oliver Bryan. The sheriff testiged that be- fore she could fire. he wrested the gun from her. Johnson had then shot George Bryan and was still struggling with Oliver Bryan, trying to cut him with a huge knige. The sheriff said he lifted the gun and knocked Johnson to the ground with the butt of 1t. Not until then was Johnson overcome. He testified as to the presence and the as- sistancs in the light of both Katie and Maggie Johnson. He had attempt cd to take she scantitng away from Maggie, but Katie slapped him with the levelled gun. This completed the case of the prosecution.
 The Defense.
 For it's first witness the defense called w. F. Pouncey. Mir. Pouncey was Hob plSSFht| WhSh eiAS Ski N5bAC pS7 gan. He heard 1t, however. and being near by ran quickly to 1t. He de- scribed tho struggling group upon the ground where George Bryan was lying upon the ground wounded to death.
 He did not see Katie Johnson aim gun at anyone. nor did he see her attempt to harm anyone. In the lam guage of the witness, she was run ning round crying and taking on."
 The attorneys for the defense called m a formidable array of witnesses to