The Birmingham age-herald., 1907-09-27
CLAIMS HE SHOT
 IN SELF DEFENSE
George Jost on Trial for Kill
 ing of Hamilton
NOTHING SENSATIONAL
Particulars of Previous Quarrel Are Brought Out and Jost Claims Ham, ilton Was Drawing His Pis-
 tol When Fired Upon.

The second trial of George Jost who Is charged with having shot and killed Rob- ert L. Hamilton, constable of Beat 42, at North Birmingham on the day after the last sheriff's election, began yesterday morning before Judge Dan A. Greene In the first division of the criminal court. mistrial.
 The defendant admits having killed Constable Hamilton by shooting him with a shotgun loaded with buckshot, but tes- tifed on the stand that the man he killed had been logging him and threatening to kill him and when he shot Hamilton he acted purely in self-defense.
 The testimony in the case tends to show that Constable Hamilton was intoxicated when he was shot, and that the weapon used by Jost was double-barreled shot gun. According to the testimony of the undertaken who brought the body to Bir- mingham, the greater part of one load of shot entered Hamilton's body Just above the right breast. the bullets ranging to the left and backward Bullet wounds were scattered over other parts of the body. there being one in the right temple, one in the right hand and one in the knee.
 Testimony Not Sensational.
 The testimony in the case was not sen- sational in the least Most of the wit nesses testified to practically the same story of the shooting. and some ten or twelve were placed on the stand.
 Mrs J. A. Hofer, however. seems to have been the only one who saw Jost fire the shot which caused Hamilton's death. Mrs. Hofer stated that she heard one shot and ran to her window just In time to see Jost fire the second. Her res idence is next door to the Jost residence with vacant lot between the two houses. Mrs. Hofer stated that after shooting Hamilton, Jost sat down on the porch from which he fired the shots.
 Sim Smith. state witness, testified that after the shooting occurred he was pass ing Jost's house. and Mrs. Jost called him in, stating that her husband wished to see him.
 Smith says he went to Josts room, and when he entered Jost asked him how Hamilton was. When told that 1t was thought the wounded man would die, Smith states that Jost remarked: q hope he Is dead and gone to heaven When Jost took the stand later, however, he said that his words were: If he is dead I hope he has gone to heaven
 It will be remembered that w. M Thompson was in the buggy with Hamil- ton at the time of the shooting, and that he was wounded very seriously, and il was thought at one time that he would not recover. Smith states that when he told Jost that he had shot Thompson, the reply was that he would not have shot Thompson for million dollars"
 After this Smith states that Jost asked him to go and get an officer
 After hearing the evidence of L. r. Jones the state rested.
 Jost Takes the Stand.
 When Jost took the stand as the first witness for the defense, he told briefly how he and Hamilton had had some diff ficulty on the night before the shooting
 
 the butt end of a pistol, bruising his head considerably.
 He says that on the next morning he met Hamilton In Birmingham, and when Hamilton saw him he said: George, you'd better be d. glad you're living" Jost says that he replied he was glad, and then went home.
 
 told him that Hamilton had remarked He'd kill George before he could get to the court house with the suit he's going to bring against me-"
 Tells of Previous Quarrel.
 Jost testified that on the morning of the shooting he was In Carns & Brittons store in North Birmingham, and while there Hamilton came In and made a move to draw his gun, but was stopped by MT. Carns. The defendant says he immediate ly went out the back door of the store, and on his way out picked up a shotgun. He went home by the back way, accord ing to his testimony, and as he came up onto the front porch Hamilton drove up in front of the gate. reached for his pis- tol and had drawn 1t about half way out of the scabbard when he received the bullets from the gun In the hands Of lost.
 Jost fired both barrels of the shotgun which he had In his hands, and the bull lets scattered somewhat, some striking MT. Thompson who was in the buggy with Hamilton. and others burying them- selves either in Hamilton's body or in the buggy seat.
 The defense has several other witnesses who will take the stand this morning. It is expected that all of the testimony will be in by noon, and 1t is possible that the case will go to the jury this evening.