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


 Where was Mr. Rheims?'
 He had been gone twenty-five min- utes"
 State whether or not the place was lit up MT. Garner
 ''Yes, sir
 Do you know what became of the four men who were standing near the partition when the shooting commenced?' They all ran out except Poss remem- Der eeing one man in the corner holding his leg after the shooting"
 And after the shooting was over, what people were left on the outside of the barr"
 "Poss, Shugart Haynes Hewlett and myself.n
 ''Mr. Garner, will you describe that partition that you spoke of as separating the front part of the barroom from the rear part of the screen?"
 Well, it is a screen I suppose about twelve feet high You cannot see through it. It is a solid screen about twelve, and maybe fourteen, feet high"
 How far does 1t extend in perpen- dicuar direction from the counter-in oth- CT words. how high is it?"
 About twelve feet"
 Could any person coming into the sa- loon have seen Mir. Hewlett from the place he occupied?'
 'They could not
 Hewlett Pulled Pistol.
 "To get back to the shooting-at what point did Mir. Hewlett pull his pistol?" "He asked Haynes if he had his six shooter and then fred"
 Tn what direction did he freq
 "At MT. Haynes"
 Did he shoot before Haynes got his pistol out?'
 My best judgment is that he fired twice before Haynes got his pistol out. am positive that he shot once"
 Redirect examination by Judge Aber- nathy:
 How many pistols did MT. Haynes have?"
 Two, I think
 Do you know the calibre, or could you ten?"
 No, I cannot tell the calibre, one was a small one and the other a large one" Was he shooting with the large one?' "He was shooting with the smaller of the two."
 How many times did MT. Haynes shoot?"
 '1 do not know"
 Did you see Mir. Hewlett fall?" No. sir. I saw him where he fell had hold of Mir Shugart and as ball hit my hat I dropped him, and wheeled my body around. MT. Hewlett then fell at my feet, MT. Shugart called me to come to him and just then Detective Bod- eker came in the door and took hold of MT. Haynes. They walked out the side door together"
 Frank Lee Called.
 Frank Lee was next called. He testl- fled that he was in the saloon and saw the difficulty.
 MT. Hewlett came in the side door with several others" said the witness, land addressing Haynes. said Hello. Harry, to which the defendant replied, Hello, MT. Hewlett Hewlett then asked Haynes How he was ixed?' and I don't know what reply the latter made. Mir. Hew- lett said something about finishing it out and drew his pistol I then went out of the front door. As I left the place Haynes was standing near the end of the coun- ter. His left hand and arm were on the counter and his right arm was at his side"
 Walter Fulton testified
 When I entered the Peerless saloon Mir. Hewlett was in there talking with MT. Shugart Heard MT. Hewlett say something about an anarchist who would like to assassinate me being in the bar room. He asked Haynes, How are you hooked up? and If he had his sx-shooter with him. Hewlett told Haynes if he did
  better be ready. Hewlett then pulled his weapon and commenced to fire. 1 left about that time. Haynes had no weapon in his hand when I left the place."
 Another Eyewitness.
 Warren Tice, manager of the Peer less saloon, was the next witness called by Judge Abernathy.
 q saw the beginning of the trouble" +1rk Ra1 Ix r.rif, Tha a..st rS. I heard came from Hewlett. Addressing Haynes he said. Tt Is up to you, Harry and the latter replied. It Is up to you, Tom I could not say positively who fired the first shot, as I was not in a po- sftion to see. The two men were about nineteen feet apart. There were two shots fired and then a brief intermission. saw Hewlett immediately after he was hit.
 "Mr. Shugart wanted to pay for round of drinks his party had taken and MT. Hewlett objected testified W. E. McFad- den, bartender on duty at the time of the shooting. Hewlett told shugart that if he was not allowed to pay for the drinks that he would shoot out the lights and that I am not Harry Haynes at that. Immediately afterwards Hew- lett spoke to Haynes, asking him. How are you hooked up? As far as l know MT. Hynes did not start the difficulty"
 Witness on crutehes.
 Leonard Poss, who was injured by stray bullet. appeared in court on crutches. While waiting to be examined an instanter summons was served upon him to appear before the grand fury He returned short while afterwards and testified:
 'T went into the saloon on the evening of May 4. about 6:30 O o'clock. I don't know the defendant by sight Heard Hewlett asking Haynes if he was fixed and the shooting then commenced. Hewlett was the first of the two to speak
 'I was shot in the foot and have been in the hospital since the night of the shooting"
 Percy Sims. the porter at the bar room, testified that he was on duty at the time of the shooting. He did not know who shot first but was quite positive that Hewlett was the first Of the two men to speak. He testified that he went under the counter immediately after the shooting commenced and that he was not recovered from the excitement yet. The names of several other witnesses for the state were called but there were no responses. Judge Allen announced that the defense was willing to admit that the death of MT. Hewlett was caused from a pistol shot.
 About 4:30 o'clock continuance of the hearing was made until this after noon at o'clock.