The Birmingham age-herald., 1907-09-14
Joseph Wise Makes Desperate Resistance to Service of
 Ejectment Writ
AF TER BEING SHOT HE
 MAKES SECOND ATTACK
One Brother Ia Caught and Lodged In Jail, But Another Is Still at Large. They Had Made Numer-
 ous Threats.

ous Threats.
 Refusing advice to surrender to the officers of the law, covered by the guns of four deputies, and his only weapon an axe, Joseph Wise, who lived near the New Merkel waterworks station, was shot to death yesterday morning at 1:40 o'clock by Deputies Curl Cowan and Helton. who were endeavoring to serve papers of election upon him.
 After having his chin torn away by a charge of buckshot from shotgun in the hands of one of the officers, and having been shot through the lungs by a Winch ester rifle In the hands of an other of the representatives of the law, Wise rose from the ground and again made an attempt to attack the officers with his axe. A third shot however, entering above the heart stretched the desperate man on the ground. He was dead almost as soon as the last charge of buckshot struck his body.
 The officers J. Newton Curl, c. T, Helton, Sid Cowan and a deputy from the Tennessee Coal and Iron company, accompanied by a negro driver, arrived at the Wise residence a short time be- fore the tragedy to serve a writ of dis possession upon Mrs. Mary Wise. It was claimed by the Tennessee Coal and Iron company that the Wise family had "squatted" upon its land, and notice had been given the family on January 22 by Deputy Curl to that effect.
 Asked Aid of Officers.
 Joseph Wise, who is described as a man of violent and uncomfortable pas sions, is said to have threatened the deputy. and to have sworn to kill him should he ever set foot upon the dis puted plot of land again. When the papers of dispossesson were made out, Deputy Curl knowing the danger he would incur In serving them, asked tn @ aid of brother officers in serving them. A representative of the Tennessee Coal and Iron company was also sent to as- sist the county officers.
 Upon arriving at the house Mir. Curl presented the writ to Mrs. Mary Wise She immediately sent her son, boy of IA years, to the woods to inform his three brothers, of whom Joseph was the oldest, that the deputies had come. It was only a short time before the three men. carrying their axes, arrived in the clearing before the house. The deputies were awaiting them. MT. Curl was in advance of his brother officers, while Joseph Wise led the other party.
 When the Wise boys were within t,fe shotgun at Joseph. and told him to sur render By way of reply the raised his axe and made a rush at the officer. MT. Curl fred, the load striking the fren- zied man In the lower part of the face. At the same time, one of the other officers shot his rife, the ball entering the left breast, and coming out at the back.
 Made Second Attempt.
 On receiving the two shots, Wise pitched forward upon his face. but still under the muzzles of four guns, he arose, and with uprased axe again made l rush upon the officers third shot from one of the shotguns, taking effect above the heart ended his mad rush. The other brothers fled as soon as they saw the H. evitable outcome of the battle.
 A detail of the affray was at once sent to the sherifs office, and search was immediately begun for the fleeing men. c. w. Wise was captured few hours after the tragedy and lodged in the coun ty jail on the charge cf resisting an of- fcer but at a late hour last night the other brother was still at large The body ..xT.t in the ambulance of Lige Loy, at which place it is to be held until funeral dr. engagements have been made
 The escape of the officers from an am | buseade Is considered miraculous. Im- mediately upon the serving of the writ in January Joseph Wise is said to have been making preparations for the arrival of the deputies One of the rooms of the house is said to be a yeritable arsenal Four shotguns and a number of other deadly weapons are said to have been kept in readiness in this room.
 Stationed to Give Alarm.
 The young brother of the dead man, ac- cording to the deputies, was ever sta toned at the residence 10 grve the alarm Had the boys been in the house at che time of the visit of the deputies, battls royal, in which a number of lives would have been lost, would have occurr sd Forewarned of the approach of the cf- fcers. the Wise boys would have been able to have done deadly execution witt the guns before the officers could have even returned the fire.
 I Joseph Wise is said to have sent a mum Der of messages to the residence of Deputy Curl since the serving of the no. tice by the latter, that he was in wait. ing, and would kill him or any other deputy when they endeavored to serve the writ of election Deputy Curl knew that he would encounter much trouble if he went alone, and secured assistance upon which he could depend. It Is ex pected that Henry Wise the man who es- capped. will be apprehended by the officers within short time.
 The "squatting" case was called in the city court June IS. and as the Wise fam fly, or any representative was absent a judgment by default was rendered against them for the plot of land involved.