The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-18


counter. Suppose he was Haynes He
did not have any weapon in his hand
when / saw him.
II heard two shots fired, then brief
intermission. Then came a number of
other shots. The last shots seem to
come from machine or automatic gun.
To the best of my Judgment the first
two shots were fired by the man dressed
In black who was standing near the south
end of the counter. / am familiar with
what is known as a machine gun, having
repaired several weapons of this kind.
I testified before the jury empanneled by
the coroner and also the grand jury"
F. e. Allen.
r. E. Allen was next examined. He
said:
"A number of people call me Grip
Allen. My residence is at Woodlawn,
having lived there seven or eight years.
II was in the Peerless saloon on the
evening of the shooting and saw a part
of the difficulty Tyeus, Lee Poss and
myself were standing at the bar counter.
Mr.. Shugart and Mr.. Lee were also
there. I did not see Mr.. Haynes when
he entered the place, After round of
drinks had been served I heard Mr..
Hewlett tell the bartender that he would
shoot the lights in the place out, If he
accepted money offered by Mr. Shugart
81 heard Mr.. Hewlett speak to Mr.
Haynes and ask him how are you hooked
up have you got your six shooter with
you, or something to that effect Hew-
let then pulled his gun and commenced
to fire. Hewlett shot twice before Haynes
got his gun out. | left about that time.
II was examined before the coroner's
jury and also the grand jury"
Heard First Shot.
A. ]. Long offered the following testi-
mony:
II have resided in Birmingham for
about twenty years. My residence now is
the Eagle hotel. knew both Mr.. Hewlett
and Mr. Haynes. I had just walked out
of the saloon when the difficulty COM
menced. I heard two distinct shots fired
first and then an intermisson. Others
followed There was a great difference be-
tween the noise made by the first two
shots and the others
Like the other two witnesses, Mr.. Long
testified that he had been examined be-
fore the coroner's jury and the grand
jury.
During the afternoon Sheriff Burgin
called upon Judge Abernathy and ex
planned his position. He told the court
that If he was deemed possibly guilty
that he hoped a rule nisi would be is
sued against him, in order that he might
make a showing In the contempt Of court
proceedings, If such were to follow.
Solicitor Heflin.
Solicitor Heflin made the following
statement last night:
II repeat just what have said before.
that the solicitor has full control of pros
ecutions. In view of the fact that the
grand jury sitting in special session was
considering the case there was no need
90 a preliminary trial.
81 understand that several witnesses
were examined this afternoon in the office
of one of the attorneys for the defer
without the judge being present
state represented. And still ~ 5000
talks about the proceedne
jury being ex parte.
After the gram ielF 71 ra
true bill agai~ 6hH aele1dHn
a protest hr asFrf 1fe
fenda- tr tHs ua tav
- s.tF# chs -
a4 4aA taels friends
f4 rd evaHaus lion as well
efer 100 ~. that he did not
Her itai IS would be tried, the
ss g.f ~ RS ease, aing left entirely with
tl fk Il the criminal court.