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

want to say. Mr. Hefin that I am very sorry that you have done this. During my seven years experience as a justice of the peace I have had to try many cases just as important as this one. Many times have l acted in a dual capacity, looking after the interests of the state as well as presiding, when neither the solicitor nor his assistants were present. Attorney Cahalan: "As I understand 1t, Deputy Sheriff Cousson swore out this warrant, and 1t is up to him to say whether or not the proceedings shall be dismissed"
 Solicitor He1n: Under the statute the solicitor has full charge of the prosecu- tion."
 Judge Gaston: MT. lIenin has secured another warrant, but I fail to see how he expects to proceed in the court of Judge Russell after fighting here as he has for a continuance.
 Judge Allen: This court seems to have the majority of warrants Perhaps, how ever there are other outlying beats to be heard from
 Judge Abernathy: We will proceed now and, Mir. Heflin. l will promise to try and take your place just the same as if you were here.'
 W. Hester Garner. an eye witness to the tragedy, was first called into the court room, all of the witnesses having been put under the rule by Judge Abernathy.
 w. Hester Garner.
 The testimony of Mir. Garner. taken verbatim, is as follows
 ''I live in Birmingham at No. 600 South Twenty-seventh street. Knew r. G. Flew lett in his life time He is dead now. l know how he came to his death. was in the Peerless saloon about 6 o'clock on the evening of May f. There were several other people in the saloon also MT. Hewlett was there. and he asked me to take a drink. I was in there about thirty minutes talking to him, when MT Shugart came in. The defendant came in the front door and walked up to me and asked me to have a drink with him. I declined. telling him that my throat was sore and that l was suffering from a severe cold Haynes then walked to the end of the counter and called for drink He did not seem to see Hewlett.
 "Just as the defendant came in MT Hewlett said: There are some anarchists here that think would like to assassi- nate me Hewlett then said: Hello, Haynes.' and the defendant said: How do you do MT. Hewlett?'
 Hewlett then said to Haynes How are you hooked up?' and Haynes re- piled: Very well. how are you hooked up?' Hewlett said: Have you got your six shooter with you?' and ] sYnes re- piled: Why, what of it?' Hewlett then said: By God you had better get 1t, and pulled his pistol and fired After one or two shots the firing became general"
 Cross examination by Judge Allen;
 'How many persons were in the bar room at the time of the shooting?"
 ''I suppose there were ten or eleven, in- cluding the bartenders.''
 twill you name those people, MT. Gar ner?'
 ''Warren Tice. McF>aden and the porter, Percy Sims, were behind the bar counter. On the outside were MT Haynes, Mir Shugart, Mir Hewlett, fellow they call Grip Allen. Frank Lee, a fellow they call Leonard Poss and Dave Tyeus. That is all that l saw in there.
 What persons had been in the barroom immediately before the shooting, if any, and had left?'
 Nat Stanley. Jack Slack and Roscoe Bulger, and there was fellow in there with me named Rheim"
 How long had MT. Hewlett been in the barroom, MT. Garner, before the shooting commenced?'
 "1 suppose he had been in there thirty minutes"
 What was he doing in there?"
 He had taken two or three drinks and was talking
 Did he seem to be under the influence of liquor?"
 'I would not call him drunk, although he seemed to be under the influence of an intoxicant."
 Hewlett Near Front.
 What part of the barroom was he in?' Close to the front"
 How far was he from the screen that