The Birmingham age-herald., 1907-12-19
Brought from Texas to Stand Trial Nineteen Years After
 Murder Was Committed
JURY ACQUlTS HIM OF THE
 HORRIBLY BRUTAL CRIME
Practically All Witnesses In the Case Had Died or Moved Away-De- fendant Entered Plea
 of AIibi.


 Harvey E. Courson, who was brought back to Birmingham from Texas last summer as the alleged murderer of Hyde McAllister, was acquitted yesterday aft ernoon of the crime charged against him. The features of the case of Courson were exceptional and the trial. though unusual ly short, was one of the most interesting on this years capital docket.
 In the early part of 1888, nearly 20 years ago, Hyde D. McAllister, a young white man and brother-in-law of Harvey Courson, was shot and almost instantly killed at Green station near Mt. Pinson, 1 about 12 miles northeast of Birmingham. The circumstances of the murder of Me Allister were the most horrible imagin- able There is apparently no one who knows the actual facts leading up to the killing, but the testimony introduced in the trial yesterday tended to show that some one entered the front yard at Me Allisters home and after calling him from his wife and child, levelled shotgun at his head and fired. The first charge tore away almost the whole of one side of the mans face, but not satisfied with this the murderer took deliberate aim again, after his victim had fallen, and riddled the heart Of the already dying man. He then ran off and was seen by several persons to leap the fence around the Me Allister home.
 Crime Laid at Courson's Door.
 An Harvey Coursons door, and because sev- eral days after the shooting, when he was indicted, he could not be found in the community, this suspicion was strengthened and it was generally con- ceded that Courson was the murderer He disappeared altogether, and there ended the first chapter of the unusual affair.
 Courson explained his alleged mys- terious disappearance yesterday He stat ed that at the time McAllister was killed he had been out of employment for about week and had come to Birmingham and remained here for about ten days. Having formerly lived In Texas, and be-
 ing unable to secure employment here, he decided to return to the Lone Star state which, as he says he realized, of l fered such great possibilities to a young | man at that time.
 For IS years Courson says he lived and worked in Texas under the name of liar vey E. Courson and did well, until two years ago when the great Yoakum strike came. He says that he went out'' and was blacklisted and when he sought employment again he was unable to get 1t. For this reason he changed his name. assuming the name Martin that he might get work. In this way the defendant ac- counts for the alias of Martin, under which he was arrested
 when Courson was arrested in TexasI the authorities there learned that he was wanted here and Jefferson county author ities were notified of his arrest Chief Deputy Sheriff Lucen c. Brown went to the west after Courson last summer. He was brought back to Birmingham and has since been in the county jail Entered Plea of Alibi. Since his arrest, some three or four months ago, Courson has stoutly de- nied having been in any way connect ed with the murder of his brotber-in law, Hyde McAllister In the trial he entered plea of alibi, and there were several witnesses placed on the stand who testified as to his whereabouts on the morning of the murder
 There were three witnesses who tes- tined that on the evening before the Killing Courson was at his temporary boarding house on Twenty first street. that he ate breakfast there on the morning of the murder, and that he Was there in the early afternoon. If these facts were true then it is hard ly reasonable to believe that the de- fendant did kill McAllister at a point some 12 miles distant
 The case was a peculiar one. The state dit not have an eye witness to testify and was obliged to depend en- tirely upon circumstances
 The lapse of the 20 years since the crime was committed has removed the most important witnesses in the case. There are very few people now living at the scene of the murder who lived tn ere at the time the crime was com nlitted. Many have moved away to other parts. Death has claimed many. Consequently there were none of the important witnesses at hand to testify. The wife of McAllister, who witnessed the murder of her husband, has long since passed away, and the solicitor of Jefferson county who signed tic in- dictment against Coursol is also now dead Hence the testimony offered by the state was necessarily very in complete.
 "Pink" Is Principal Witness.
 The most important state witness was q man who called himself Pink" whose name did not appear on the in- dictment returned against Courson. This point was strongly emphasized by the defense. The fact that Pink" was one of the essential witnesses and was not summoned to appear before the grand jury to give his testimony at the time of the murder. or shortly afterward and was not listed as a wit ness in the case, but who was brought up when the trial was called and knew more than anybody else was the source of the greater part of the argument for the defense.
 "Pfnks" testimony was, essentially that he saw the man who jumped the