The Montgomery advertiser., 1906-03-17

OSCAR BISHOP.
 authorities to support them in this con- tention. My friend probably refers to the Hawes decision, in the SSth Ala bama, but in that case the whole jury | was dismissed for cause and a new jury selected. i've might admit that your honor had the right to excuse the whole jury for cause, but we would not admit that you could excuse one juror and select new one.
 | If this were done it would operate as a cause for reversal and on the sec- ond trial the defendant could probably enter a plea of former jeopardy"
 Judge Richardson said that the juror | declared that he was unable to go on with the case while the physicians said | that he was able to undertake his du- ties. He wished to be fair and impar- tial. and to work no hardship on the defendant, the State or the juror. He was not so much in doubt as to what he could do under the circumstances as | he was to what he should do. He would, however, adjourn the court un- | til noon in the hope that treatment would restore the juror so that he could resume his place and discharge l his duties.
 i Beavers was carried to the hotel where lie was given treatment by the committee of physicians.
 | Unable to Finish Trial. l Juror Beavers was still upon the cot | when the court reassembled at i o'clock. for the afternoon session. He I declared to the Judge that he was un- able to finish tho trial The physi- clans who had been attending the ail- | ing juror since court adjourned were | called to the stand again to tell of the | jurors condition. In turn there were examined Drs. J. D. Kendrick, B. M. Kendrick. W. P. Knight J. R. Horn | and Henry Abercrombie. The weight of the evidence of the doctors was to l the effect that Deavers was not ment- ally able to play the part of juror since his attack. He was mentally | worse off than he was physically. | Judge Richardson announced that he would discharge Juror Beavers and . begin new trial of the case. He di- rected the Sheriff to summons some citizens of Crenshaw County to qualify as q juror to take the vacant place. P. A. Lanford, the first man summoned, | qualified and was accepted by both sides.
 The wheels of the case were then | turned back and the same ground was | retraced. The State recalled the witt nesses who had given testimony on the first day and they repeated their l evidence. Drs. J. E. and B. M. Kend- l rick again described the two gunshot wounds in the body of Gordon Red doch. R. R. Pace. the first man to ar rive at the scene of the shooting, told what he found there. John Wilkes and Emmet Fundaburk repeated the state ments they had made on the first day New Witness Testifies. Tom Morgan. a new witness, told of Oscar Bishops passing through the A erkA fnxu T,aAr kaA shooting. He went out the back door and did not return. With this testi- mony. the State announced its side closed.
 To introduce it's side, the defense again called to the stand Dr. J. R. Horn. who repeated his testimony of yesterday as to the wounds of Red doch.
 The location of the house with spe- cial reference to the side gate opening into the back yard was testified to by J. D. Veazey. He described the foot prints and the knee prints that he had seen where Bishop waited with the gun.
 The defendant was then called to the stand. He had known Gordcn Reddoch for a number ol years. They were good friends up to the night of the killing. Reddoch was a single man. The defendant married in 1894 and was boarding at the home of Dr.. Knight when the killing occurred.
 The witness presented a diagram of the Knight home. explaining the points to the jury Examined by Mir. Powell, the witness told of waiting with a gun at the pillar near the corner of the house a little after g o'clock.
 q saw some one at the side gate, but could not tell who it was" he said. !. He stopped et the gate a moment and listened He moved diagonally across the yard until he was in two or three feet of the house. He then moved par aIlel to the house towards the corner where was waiting. As he got with in five or six feet If me, he cleared his throat I called to him Hold up there He made q crouching move and threw his right hand to hls pocket. l fired one shot and he moved back. I was shooting 'black powder and couldn't see what he was doing, and I fired again. He fell in the yard 70
 Ruled Ont by Court.
 The defense tried to prove by the witness that he heard his wife walking on the porch and to prove that his wife cleared her throat in answer to the man in the yard, but the State success fully objected and the questions were Powel asked and the questions were allowed,
 Did you hear anyone scream, and who was it?"
 The witness answered
 Yes, 1 heard my wife scream. She was standing on the back steps,"
 The defense tried to get from tbe wit. ness that on the previous night he had seen some one on his premises about nine o'clock similar in apnear- ance to the man who was shot.
 Mrs. w.. P. Knight followed the de- fendant ori the witness stand. A short while before the gun shot Mrs RisboD and the witness were sitting in inc swing on the front porch. Just before the shots Mrs. Bishop left the swing and walked through the hall to the back porch. When the shots were fired, Mrs. Bishop screamed
 MT. Powell asked the witness if
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