The Montgomery advertiser., 1907-04-21

back to his store and spent the re- mainder of the day in front of his store, just across the street in front or MT. Reynolds store, where he was Tn iuii sight of the gin house, and on the grass out by the side of the store. In other words the evidence tended to show that the defendant, for the rest of the day. kept himself constantly where he could watch the gin house and see MT. Chambless if he tried to leave there. The defendant admitted on the stand' and witnesses swore, that during the whole of the afternoon he had his pis- tol in his back pocket and had his coat off
 Several white witnesses and one or two negro witnesses swore that they heard the defendant during the after noon repeat the threats of the morn- ing about MT. Chambless being the sec ond white man that had ever drawn his gun on him, and he promised him- self when the first one did 1t, he would kill the second; that he was going to kill him, and he would just as soon die with his shoes on as with them on
 The State put up four ye-witnesses to the shooting. and the defendant had no eye-witnesses but himself and his little 12-year-old boy Three of the States witnesses were white gentle men. citizens of Warrior Stand, who have lived in and around there all their lives, and whose veracity ana character have never before been ques- tioned. In this trial, no, one went on the witness stand to question the char acter of these gentlemen. There was also a colored woman who saw the whole difficulty, and whose worry de- meanor on the witness stand stamped her testimony as being true.
 All of these witnesses say that when MT. Chambless turned the corner of Reynoldss store, coming from the gin house and going towards his home at sundown. after the days work was over, the defendant was sitting on his porch; that Chambless stopped and reached in Reynoldss store window to get drink of water; that the defend- ant immediately got up from his chair and walked down the steps of his porch with his pistol in his hand; that as Mir. Chambless started up the path leading towards his house and across the street from the defendants store. the defendant walked out from the steps to the upper side of his store at the end of a log, which projected three or four feet beyond the side of the store; that the first word spoken by the parties was by the defendant. who said (omit- ting all profanity), George, you drew your gun on me this morning, and now we will shoot 1t out"
 Mr Chambless had his gin book un- der his left arm, and the witnesses swore that he raised his hand and motioned to the defendant, saying. ''Zeke, go back, go back; don't come down here"
 The defendant replied. You drew your gun on me this morning, and now we will shoot 1t out"
 Chambless again said. "Go back, l Zeke, go back; l don't want to have any trouble with you"
 The defendant said again, and durin g this time had his pistol leveled on Chambless, and MT. Chambless had up to this time nothing in his hands. No, you drew your gun on me and we must shoot it out"
 Then 1t was that Chambless said. | Well, shoot, then" and reached to- wards his back pocket and drew his pistol. After he got it out and before he was able to level 1t and fire, the de- | fendant fired.
 The shooting then became general, and when thesmoke cleared away MT. Chambless was seen to fall and the ! defendant quietly walked back from the log up the steps into his store. This is the testimony of three white. reputable, disinterested citizens of Warrior stand, and of one colored woman, who lived seventy-five yards | rom where the shooting OcSuTTcu. IHGV say that the defendant walked off his porch, headed MT. Chambless off. and put himself in place where the shots could not possibly hit his store. The little children of the defendant. who were in or about the store, were thus fully protected and were altogether out | of range of the shots.
 These witnesses also swore positively that MT. Chambless never said word ,tnfiI fha defendant called him. after ! the defendant had walked off his porch