The Birmingham age-herald., 1907-09-20
HAYNES ACQUITTED
 OF MURDER CHARGE
Found Not Guilty of Murder of
 Tom Hewlett
CAUSED LITTLE SURPRISE
Defense Succeeded In Establishing the Fact That Hewlett Began the Quarrel and Indeed Fired
 First Two Shots.

The sensational case of Harry Haynes, charged with the murder of Thomas c. Hewlett, was concluded last night shortly before 8 o clock, when the jury returned a verdict of not guilty.
 Until the time of the jury $ report it was thought that there would be dis agreement, 1t being understood that eleven jurors stood for aequittal and one against However, shortly after supper it is understood the verdict was sdecideG upon and decided
 The death of Hewlett occurred in the Peerless saloon, Second avenue and Nine teenth street, May l. 1906. Haynes was arrested and confined in the county jail, the grand jury shortly afterwards return ing an indictment charging murder in the first degree. Sometime afterwards Haynes was reelased in a habeas corpus proceed ings instituted before Justice l. H. Ben ners Since then until the beginning of the trial, which concluded in his acquit- tai, the defendant was held under bond in the sum of $12O0O. At the time of it's oceurranoe the tragedy was one of the Nnost sensational in the recent history of the city. From the testimony adduced, Hewlett, with friends, was in the Peer less saloon when Haynes entered. Some words followed, and the men fired a fusilade of shots at each other. Hewlett using 32-calibre Smith & Wesson re- volyer and Haynes fl Colts and an auto matc weapon. In the melee Hewlett was killed, as was a well known attor- ney, John T. Shugart, who met his death attempting to separate the belligerents. Leonard Poss, Frank Lee and E. w. Tyus were more or less painfully wounded
 During the trial the state introduced but two witnesses, both of whom testi- fled on the first day. The defense closed yesterday at noon. Arguments were made for the defendant by B. NJ. Allen and Zel Gaston. Solicitor Heflin making the argu- ment for the state. Attorney Frank Callahan, who was identified with the defense throughout, did not speak. In the afternoon session Judge s. l.. Weaver charged the jury, outlining, in geenral terms, its duty, and the legal definition of murder in the first degree as com pared to murder in the second degree, and manslaughter in the first and second. He informed the jurors that they were to decide whether or not the defendant killed Hewlett in self-defense, it being their province to determine as to whether or not he began the quarrel, whether or not he could have escaped without making his danger greater, and as to whether or not both men entered the fight with mutual agreement. The judge charged the jury to the effect that a defendant can invoke the plea of self defense when he acts quicker when deal ing with man of well known turbulent disposition and bad character.
 The verdict of the jury caused little surprise. Those who heard the trial were under ,he impression that the de- fense had established It's clai mthat flaw lett began the quarrel, and, indeed, fired the first two shots.
 As stated, the state put on no witness yesterday morning.
 The defense examined Detective Bode- ker who made the arrest and Officer Benson who arrived on the scene imme- dlately after the shooting Officers Street dnQ NlllldHlS, Lieut.. hdIlin hdSdil, Dt- tective Andrew Sullivan and Thomas W. OByr1fe testified as to the character of Hewlett, the defense bringing out that the deceased was of rather a desperate character, that he generally went armed, and was quick to shoot
 The causes that led up to the tragedy, according to popular belief. grew out of hard feling in reference to the police supervision of Birmingham as concerns gambling, especially as concerns the then Alabama club. This was touched upon | in the testimony of Frank Morange and others. who declared that Hewlett was heard to say on more than one occasion that Haynes must be got rid of, if they were to have gambling in Birmingham, as he was in the way.
 Immediately after the verdict Haynes repaired to his home. He was congratu- lated by numerous friends on the result of the trial