The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-10


who is now serving on the police force
of the city of Birmingham. and invited
him to go to a certain bagnio, run by
Madame Barfield. and in the converse ton
| that ensued between the witness Cole
and the defendant, the defendant stated
that he was going up to her place to
get some one, or somebody.
THE testimony OF Mr. May. a witness
offered by the state, was that he went in
company with the defendant, and entered
the room in his company, and that he
(Witness May put nickel in the slot
| of piano, or a machine run by electrici-
ty or some other device. and that he
proposed to the witness May Perry. an
i inmate of the house. that they dance
| two-step. He said that they had been
dancing for a very short time when the
, pistol fired; he looked around Immediate
/ ly and saw the defendant with the pistol
| in his hand as If loading or unloading
| the same, and that the woman who was
| shot ran directly to the hall and fell and
,, died, and that Shelton left Immediately.
Saw the Pistol Fall.
1.-THE testimony of May Perry was to
+, the effect that as she was dancing the
two-step with the witness, Mr.. May, she
turned her head after the pistol had fired
and discovered the same falling from his
hand to the floor and that the deceased
screamed and ran to the door and fell
in the hall with blood squirting and flow
ing from her mouth: that witness stopped
, down owe rher, and that she gasped, but
| spoke not a word; that witness. with
Others got in front of the defendant TO
| intercept his escape; whereupon he stated
| that II they would line themselves up lie
would shoot them all down. Just as he
| had the deceased. whereupon he was al
| lowed to make his escape. pistol in hand.
1.-THE testimony of Madame Barfleld
| showed that she was not in the room
and did not see and was not present at
| the time of the shooting; that she heard
| the shots and soon after came out upon
| the scene OF action. and heard the de
| PENDANT. before he left say that he would
! shoot them all. or words to that effect.
Defendant Could Not Be Found.
"'rhe state offered proof showing that
| diligent search was Immediately made for
| the apprehension of the defendant, both
| in this county and In his home county.
! Rlount. The testimony of the state showed
further that he had been convicted in
| his county for the offense of murder.
| The testimony of the state also showed
| that he was afterwards captured in the
| Indian Territory at a place called Ho
| bart. and brought to this county to stand
| trial The testimony of the state also
| showed that on that occasion, further
| than the remarks above made, the de-
| PENDANT made none.
| Defendant on the Stand.
"The defendant then took the stand and
| swore that on the night of the trouble
| he was with the witness, Mr.. May; that
| he In company with Mr. May, went to
! the house at which the killing occurred.
| He testified also that before he went
| there he did have a conversation with
fs.JN h. nft.t
Mr.. Cole to-wlt: in the saloon Of one
| John Potts on Second avenue, between
| Twenty-second and Twenty-third streets.
| but stated that instead of saying that
| he was going to get somebody, he said he
| was going there to get him girl Tor
| the purpose of-he stated no further. lie
| stated that on that occasion he made no
! statement to the witnesses who testified
1 in this case for the state whatever; did
| not threa ten them did not tell them that
| he would kill one or all of them; did
not say that if they would stand up In
a row he would shoot them all down,
| but stated that he made no explanation
! of how the killing occurred at the time,
| either whether it was an accident or
| otherwise.
"He stated that he went from there d.
| rect to his home in Blount county and
remained there until eight months before
| his capture. He stated that he went from
| his home to the Indian Territory for
| the purpose of making money with which
| to employ lawyers to defend him. lie
stated that when he arrived in the In
| dian Territory he Immediately changed
| his name to Phillip or Phillips, dropping
| his other name, and went by that name
| during the entire term he remained there.
! He stated in his testimony that the facts
of the killing were as follows:
Pistol Fell to Floor.
'He was sitting down next to the wall,
| leaning backwards, and that the witness.
Mr. May and May Perry commenced to
dance around the room in which he was
sitting, and that one or the other or
| them ran against him and knocked his
| pipe out of his mouth, and 1t fell upon
| the floor: whereupon, while they were
| dancing he reached to the floor, in or
| der to find his pipe. and while he was
| stopping in that position the pistol fell
| from his scabbard and struck the floor
| and fired and killed the woman. and thai
he did not see the woman and did not
kno-y she was in the room at the time
| of the accident. He claimed that he was
1 not acquainted with and had never seen
| the deceased before.
THE defense then offered the good
character of the defendant, which was
| testified to by a number of witnesses,
| who had knowli him number of years,
! each one admitting that he had been
! convicted of the offense of murder in
his own county before the commencement
OF this trial
! Bullet Ranged Downward.
| "rrhe state then offered in rebuttal of
| the testimony of the defendant, the state
| ment Of Coroner Paris, who testified that
| soon after the killing. and at the time
| he was holding the inquest, he examined
| the bullet wound which caused the death
| of the decea sed, Ora Dunn. and discov-
| cred the same to have entered directly
| I'm the front breast, and that the bullet
ranged some one or two inches down.
| ward and was found lodged in the skin
F; underneath the right or left shoulder
blaze.