The Montgomery advertiser., 1907-04-21

with his pistol in. hand. and that Cham bless by motions and words, endeav- ored to get the defendant to go back and let him alone. They swore also that, at the time MT. Chambless was talking to Dozler, Dozier had his gun presented and leveled on Chamless. As against this mass of testimony on
 the part of the State, the defendant has only his own testimony, which was cor roborated in the final trial by his It, tie twelve year old son. It is a notice- able fact that in the preliminary, which
 was held last November and which consumed about five days, and where the evidence was fully presented by both sides. billiard Dozier. the little son. never testified His evidence was heard for the first time on the final trial of this case.
 Willie Dozier. the seventeen year old son. testified that he was in the lot put ting up a horse: that he was back of the store and did not see the shooting;
 that he heard his father say: Cham bless. don't shoot me-: that he ran out of the lot to the store. and when he got in the store he saw his father on the front porch. unbreechlng his pistol; that he could see the side of the store where the log projected and did not see his father standing at the edge of the log. He was not an eye witness. then. to the | store between him and Chambless.
 The defendants testimony was to the effect that he was sitting on his porch with his baby in his lap and his little 6.rl pear him. when MT. Chambless
 called him and said. T am going to kill you"; that he had not seen Chambless
 until he heard him speak. and when h. looked up, Chambless had his pistol in
 his hand and at once made ready to
 shoot: that he ran to the steps of the store and was standing there when the shooting occurred.
 To contradict this, the State had fou eye witnesses who saw Dozier standing
 at the end of the log while the firing
 was going on and just after 1t stopped. and saw him walk away from the log back to the porch.
 The defendant also introduced the
 testimony of a young white man tend ing to show that Dozier was standing | on his steps at the time the shooting | occurred: this man was several hun | dred feet from the place of shooting
 with a store house between him and the
 persons interested. He swore that he ran towards a point from which he could see the front of Doziers store
 and when he got to the place where he | could see. Dozier was standing on his | porch unbreeching his pistol.
 The State introduced a witness, who l was with this man when the shots were | fred and who said that defendant't
 witness never started running until ths | shooting was entirely over. and that
 when he got up there. just behind the l defendants witness. MT. DoZier was or l his porch and MT. Chambless was ahout
 dead.
 The State also put up three white
 witnesses. who knew the defendants | witness, had known him for many
 years, and swore they would not believe | him on oath.
 This then left the case in this shape l Three white witnesses and one negro | woman swore that they saw defendant
 walk down from his porch with pisto | in hand, and walk to the end of a log | several feet beyond his store, and In z 1 direction which headed off MT. Cham
 bless; that they heard him call Cham | bless and tell him they must shoot il | out: that they saw Chambless motion
 him back and ask him to go back; tha | they saw the defendant when he level ! ed on him and saw there was no escape
 from a serious difficulty.
 The defendant and his son, who Is l young and under his influence, and who
 never testified in the preliminary and l whose testimony on the stand was such
 that when the States attorney asked | him 70 tell what occurred and leave ou l the curse words. he would repeat ii
 word for word each time the same way | and was not able to leave out anvthin
 --thesa two, father end son. one thr | defendant and the other little child alone testified that MT. Charhless bru
 tally and cold -bloodedlv attacked tn | defendant while he sat on the porch with his little child in his Ian.
 Vet strange to say. the evidence
 showed without conflict that Chambless
 never got out of thA little foot-nath