The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-05
HAYNES DECLARES THAT He
ACTED IN SELF DEFENSE
Shugart, Lee, Tyeus and Poss, the In
jured, Were By-Standers-About
Seventeen Shots Fired
In .Rencounter.


briefly the result of shooting ARRAY
between Mr.. Hewlett and Harry Haynes
yesterday afternoon at GAO o'clock in
the Peerless saloon.
Leonard Poss was shot in the left in
step. Frank Lee on the right hand and
Dave Tyeus received a wound in the
ankle. Mr.. Haynes is in the county jail
or charge of murder.
Mr.. Shugart. Mr.. Poss Mr.. Tyeus and
Mr.. Lee did not participate in the shoot
ing, it seems. They were merely bystand.
ers. A bullet crashed through the hat
worn by w. Hester Garner, but he was
not injured in the least.
Like In other similar cases opinions diff
fer as to the number of shots fired, but
the general belief is there were seventeen
in all. At last three pistols were used
two being in the possession of Haynes
and the other being held by Hewlett
Mr.. Hewlett was the president and con-
trolling spirit in the Alabama club, one
of the Oldest organizations of its kind in
Birmingham, if not in the state, and the
shooting yesterday afternoon is said to
have been the result of ill-feeling engen-
dered by Mr.. Haynes and Mr.. Hewlett
towards one another some weeks ago.
The crusade of the police department
of Birmingham against gambling is said
to have been the original cause of the
differences between the two men.
The ARRAY yesterday assumed some-
what the aspect of a duel, and the friends
of Haynes declare that although the two
MAJ oh ba a
time that Hewlett was the first to open
fire
At his preliminary hearing, the time for
which has not been set, 1t is said that
Haynes will enter a plea of self-defense.
One bullet entered the back of Mr.. Hew-
let's head and this was the one that
proved fatal. He was also shot in the
fore part of his left leg, just below the
knee and in the left foot. The latter shots
could not have caused death. the coroner
says. Mr.. Haynes escaped without a
scratch.
Shugart Was Badly Shot.
1t is said that Mr. Shugart Mr.. Lee
and Mr.. Garner were talking to Mr.. Hew-
lett when the shooting commenced. Mr..
Poss was also in the saloon at the time.
Three bullets took effect in the body of
Mr. Shugart, one in the side, the other
in the groin and the third in the leg Mr..
Tyeus. 1t seems, was standing on the
curbing directly In front of the saloon
when the shooting began. waiting for a
car to go to his home in Woodlawn.
Mr.-Shugart perhaps remained upon his
feet until the third shot struck him, which
was apparently the one that entered his
SIDE He was picked up and placed in an
ambulance and sent to Copelands pri-
vate infirmary, where he was promptly
operated on. Mr.. Tyeus and Mr. Poss
were sent to their homes in carriages,
while Mr.. Lee went to nearby physi-
clans office and had his hand dressed.
DR.. j. T. Harwell seems to have been
the first physician to reach Mr.. Shugart.
The streets were crowded, and there was
considerable excitement in the vicinity
of the saloon following the tragedy. Two
thousand people had gathered around the
corner of Ninteenth street and Second
avenue by 7 o'clock, and the yells of the
policemen in their effort to keep the
streets clear and the changing of the
gongs on the ambulances and dead wagons
that were summoned, added to the ex-
element of the scene. Immediately after
the shooting the doors of the saloon were
closed but this did not keep hundreds
from pushing their way forward and ell
bowling through the crowd. in almost a
side of the saloon. where three men lay
upon the floor.
There were perhaps eight persons in the
saloon when the shooting first commenced,
and several of these could be seen fleeing
from the place. On the opposite corner
where perhaps a hundred people stood
waiting for street cars there was almost
panic. Several stores nearby were open
at the time, and there were screams from
those on the inside to shut the doors"
For about an hour after the shooting the
street car crews experienced considera-
BILE trouble in making any Roadway at the
corner
Haynes Makes Statement.
When seen at the county Jail last night
Haynes said:
II had decided not to make statement,
but 1 will say this much, that Hewlett
shot first and I did no more than any
other man would have done under the
circumstances. 1 simply defended myself.
Ask any of the witnesses and they will
tell you the same thing
When asked about the trouble which led
up to the shooting he said he supposed
Hewlett thought he had his chance and
tried to take ut good" He seemed con-
fdent of getting out on bond as soon as
a hearing could be had. He asked about
the condition of Mr.. Shugart and upon be-
ing told that his recovery was regarded
as extremely doubtful he seemed greatly
distressed. He said Mr.. Shugart was In
no way connected with the shooting.
Haynes has retained Attorneys B. M.
Allen and Zell CASTOR to represent him.
Inquest This Morning.
Coroner W. D. Paris viewed the remains
of Mr.. Hewlett at the undertaking estab-
lishment of Lige 10y last night. before
the body had scarcely had time to become
cold and stiff in death. He was at his
home near Green Springs eating his sup
ofk