The Birmingham age-herald., 1906-02-20
SHE SWORE FALSELY ID SHIELDO OICK WRAY Marie Martin So TestifeS at
 Examination DECISION IS WITHHELD Justice Russell Announces He Will Render Decision in Freeman Case
 Next "Wednesday Afternoon
 at the Court House.
DECISION IS WITHHELD

The preliminary examination of Richard Wray. charged with the killing of George Freeman, a portrait painter, in a house on Avenue B and Twentieth street. was held yesterday before Justice of the Peace Russell of the Vanderbilt precinct. in the grand jury room at the county court house. The hearing continued from 10 o'clock in the morning until 6 o'clock in the evening and Justice Russell then an- nonneed that he would take the matter under advisement and render q decision Wednesday afternoon at 1 o'clock.
 Throughout the day the room was crowded with spectators. There were several new facts brought out by the state in addition to the information al- ready obtained, but as whole the tes- timony did not go much farther than it did at the examination before the eoro- ner's jury.
 Most Important Development.
 Probably the most important develop ment came in the testimony of Marie Martin at whose house the killing oc- cured. The woman told in her direct testimony that she saw Wray standing close to Freeman, and after hearing the shot fired she turned and saw Freeman fall to the floor. Then she testified that she saw Wray place the pistol on the floor beside him.
 The state introduced as witnesses Dr.. B. A. Fox, Marie Martin Irma Tender son, II. J. Matthews, Charles Lansdown, Myrtle Allen and Dan Odum, and the defense offered Marie Martin, Harry Rensford and Prof. R. G. Hewlett.
 The witnesses for the state testified in a general way along the lines of the testimony already published. In addition. it was shown that Matthews saw smoke from the pistol and the smoke was be- tween Wray and Freeman It was also brought out that Freeman was near Marie Martin and probably touching her when he was shot.
 Regarding Former Testimony.
 The state closed it's case about noon and the court took a recess for luncheon. It reconvened at 2:30 o'clock and the de- fense introduced Marie Martin as it's first witness. The woman was asked a few questions about the position of the per sons in the room at the time of the shooting and was then asked if she had not sworn to a lie at the coroner's inquest She answered that she had. Several more questions along the same line were asked, it being evident that the defense was trying to show that the witness told a new story at this hearing to protect herself
 When the defense finished questioning the witness, Solicitor Hehin took her in charge.
 "Ten the court why you swore falsely at the coroner's examination" he direct ed.
 Well, I was afraid for myself and I wanted to shield Dick Wray." the woman replied clearly.
 That's all your honor" said the so- lieitor.
 In rebuttal, the defense again question: ed the witness. but in reply to another question from MT Allen she repeated that she told falsehood for the purpose of ''protecting MT. Wray."
 Mathematical Question.
 The defense introduced Professor Hew- lett and asked one question:
 If the perpendicular of risht-angle triangle Is feet and the hypothenuse Is 45 degrees, what is the baseY
 "The same as the perpendicular Or 5 feet" answered the witness.
 Counsel for the defense stated he asked the question to show that the pistol might have fallen from Freeman's pocket and exploded, the bullet striking him about three feet from the ground, and ranging upward at an angle of 45 degrees.
 In answer to a question from the so- licitor, the witness said a man could hold a pistol in his hand and cause the bullet to take almost any angle, if the pistol was not too large to be handled,
 Solicitor Heflin opened the argument, Attorneys Shugart and Allen spoke and the solicitor closed. The theory of ae- cidental shooting was upheld by the att torneys for the defense In their argu- ments After the close of the argument inc witnesses were instructed to call Wednesday afternoon at o'clock to sign their testimony. and the justice announced he would render his decision then.