The Birmingham age-herald., 1906-05-17

cuts off the view from the streetg'
 About ten feet
 How far did Mr Haynes go after he came fn?"
 About twenty feet from me"
 .Is 1t not fact that he went down to the far end of the bar?"
 .Yes. sir"
 Did you see him look in the direction of Mir Hewlett or pay him any attention before he addressed hime"
 He did not
 MT. Garner. you swear that Mir. Hew- lett fired first before the defendant pulled any weapon or made any demonstration to draw a weapon and before he made any hostile demonstration of any xind?" Yes"
 ''I will ask you to state whether not you have examined q wooden partition in the direction in which Mir Hewlett was shooting and if you saw bullet holes in that partidon?"
 "Yes. we found six bullet holes in the partition in the direction of which MT. Hewlett was shooting
 will you describe the position of those bullet holes. MT. Garner?'
 Well, I do not know whether I can describe them accurately or not. There were some of them close together and others far apart"
 ''I will ask you to state whether you found two bullet holes parallel with the counter and about opposite to where they were shooting?"
 .'Yes, sir
 How high were those bullet holes from the noor?'
 ''There were two holes, that in my Judgment were between three and four feet in a line extending from the direction of MT. Hewlett to MT. Haynes, and par allel with the counter"
 .'State whether or not there are two other bullet holes higher up and to the right from the direction that Mr EIew- lett was 1rng?"
 .Yes, sir
 What other bullet holes did you find there in the partltion?"
 "rhree more to the left"
 How long did you say that MT, Hew- lett was in there before Mir. Haynes entered?"
 About thirty minutes" Haynes Entered Alone.
 Did MT. Haynes come in alone?'
 Yes sir"
 Did MT. Haynes seem to be drinking or sober''
 Sober"
 'Mr. Garner as Mr. Haynes walked in, state whether or not he passed i'm mediately by MT Hewlett-close to him?" "Yes, sir; about the center of the house."
 Did he pay any attention to MT. Hew- lett as he passed?'
 He did not"
 "In what direction was Hewlett look ing?"
 ''I could not say"
 "Is there large mirror in the door?' No, sir
 State whether or not the defendant in passing by Hewlett passed with his back to him?"
 Yes"
 And about how far from him when he called for the drlnk?'
 About twenty feet"
 ''Is it not fact that Mir. Hewlett was standing with his face to the counter when MT. Haynes came in?'
 ''I do not know; am nor positive
 Were there no mirrors in there at all7' Yes, sir; there were mirrors in the front partition"
 Could you see in that mirror from the front, the position that MT. Hewlett oc- cupied?"
 Yes if he should happen to turn his head that way?''
 Position of MT. Shugart.
 How close to MT. Shugart was MT. Hewlett when the shooting began? He was probably two or three feet.
 Do you know what Mir. Shugart did at the time the deceased. MT Hewlett com menced to fre?' He had some bundles under his arm and throwing up one hand said, Boys don't kill one another He took no part in the difficulty at all.
 How close was he to Mir. Hewlett'
 About two or three feet"
 .I want to ask you the position of the (Continued ci Seventh Paoe)