The Birmingham age-herald., 1907-04-26
KILLS YOUNG MAN
 WHILE EXCITED Bodey Thought Kennedy Was
 a Hlghwayman IS RELEASED FROM JAIL Bodey Had Been Attacked By Negro Earlier In the Night and Fired When Brick Was Thrown
 at Him.
IS RELEASED FROM JAIL

E. K. Bodey, a switchman of the Frisco railroad, who shot and killed w A. Ken nedy in the Frisco yards yesterday morn- ing at f o'clock. was turned loose yes- terday afternoon by order of Coroner Paris, the shooting being judged jusu- fable on the plea of self defense.
 The surroundings of the killing were especially mysterious, and the shooting was the result of the fact that so many highway robberies and assaults have oc- cured in the yards recently, that the braSemen feel their lives are always in jeopardy.
 It was no wonder that Bodey, after having once resisted a holdup earlier in the night, pulled his gun and fired excit- edly when a brick bat whizzed past his head. According to his statement while at the Jail yesterday, he was switching some cars in the yards with freight cars on both sides, in deserted place, when the rock passed his head and struck q box car. Not knowing what thesnext move of the assailant would be, he turned back, saw the shadow of a man between the cars, pulled his pistol and fired.
 Kennedy, however, is well known In Birmingham as a boy of good character and a steady worker. He has been in Birmingham three weeks, boarding with Mrs. Hendricks, BPS Tenth avenue, north, and at the time was on his way to work at the Birmingham Pipe and Casting company.
 Both Were Excited.
 The peculiar part of the affair is that both of the young men must have been excited, by the hour, and the associa- tion of the place with the last few nights tragedies, so that each thought the other was highway robber trying to hold him up.
 The supposition is that Kennedy heard the approach of Bodey, and when he came to the opening between the cars im- agined Bodey would jump through and strike him, so he let fly the brick. Bodey, being thus attacked naturally protected himself
 In few moments the brakemen of the yards gathered around the form and found all signs of life extinct. Lige Loys ambulance was called and the police no- tified. When Policeman Nix arrived on the scene at Thirtieth street and Fifth avenue he found everything as described, and Bodey immediately surrendered.
 The body of the dead man was placed in the ambulance, Bodey and the police man took the front seat, and he stopped off at home to effect change of clothing. He was then given Into the custody Of the county by order of the coroner and locked in the county jail He was al- lowed the freedom of the corridors, as the officers believed he shot in self defense.
 Bodey Makes Statement.
 Bodey's statement relative to the pre- vous holdup shows how he was naturally nervous. He said: Earlier in the night, while walking through the yards and looking through the cars to see which were loaded, | was attacked by negro. Just as I raised my lantern to peep into a car I heard something behind me, turned and met the eyes of a negro. had my gun drawn in moment. mad when it was presented the negro fled. When the rock came at me. the first thing I thought of was the negro"
 The coroner empaneled a jury in the afternoon and went over the full partic- ulars after which an order was issued to the sheriff that the prisoner be re- leased. Bodey is the son of the foreman of the Louisville and Nashville yards, a young man with many friends upon whom no suspicion is placed.
 l.. w. Andrews, timekeeper of the cast ing company. who identified the body as that of Kennedy, said as he stood over the corpse: He was a quiet young fel- low He went 10 work every morning at ence in the yards, for I understand that he usually went through there.''
 Kennedy has a brother in Anniston who has been notified, and it is believed his parents live somewhere in Georgia. The remains are being held at Lige Loy's un- dereaking establishment.