The Birmingham age-herald., 1907-06-08
DYING MAN SAID
 WARD WAS WITH HIM
J, M. MoseIey, Victim of High
 waymen, Passes Away
STORY OF AWFUL CRIME
Ward Now Says He Was With Nose ley About Three Hours, But Was Not Present When the
 Blow Was Struck.

With his last conscious breath. J. NJ Moseley, the unfortunate victim of high waymen, yesterday morning gave the only clue upon which the detectives will be able to work in unraveling one of the most foul murders by highwaymen that ever stained the streets of Birmingham
 Turning to his son, as he lay dying on the white cot at the Hillman hos pital, In reply to question, he said I'll. s. Ward was with me when they knocked me down. Without speaking another word, he passed away last night at o'clock, and one more victim was registered to the credit of bloodthirsty highwaymen in Birmingham.
 Five days the man held on to life, with his skull fractured in two places, unconscious except for a few moments. His family was ever at his bedside lis- tening for some word that would lead to the detection of his murderer. Once while raving in his delirium he spoke of a negro if it was one of the black hends whom 1t Is known have been waylaying men in the neighborhood where Moseley was murdered These two little state- ments are all that ever passed his lips.
 Ward Taken In Custody.
 When the unfortunate man made the statement that H. S. Ward was with him when he was knocked down. the police headquarters were notified. Detective Bodeker, who has been working on the case, sent to the Birmingham Steel and Iron company, where Ward works, and had him sent to the hospital, with the purpose of having the two men, Nose ley and Ward, meet in order that fur ther clues might be gotten. When they reached the hospital, however, Moseley had been taken to the operating room to have part of the skull removed as the last resource to save his life.
 Ward was placed under arrest on a warrant sworn out by Oscar Moseley a nephew of the murdered man, and a charge of highway robbery was entered against him. The arrest was made by Detective Bodeker and the prisoner was turned over to Deputy Lee Higdon, who escorted him to the county jail. A charge of murder was sworn out against Ward last night.
 Evidence Against Ward.
 The evidence against Ward is this Shortly after Moseley was murdered the police were notified that he had been with Ward on the night of the murder. Officers Ray and Elledge arrested him and he was questioned closely, but could not be connected directly with the case. He was then released. After the state ment of the dying man yesterday morn- ing, however, Ward admitted having been with Moseley on the night he was knock ed down from o'clock until about 11:45 o'clock.
 He states that just before he left Nose ley, on the corner of Avenue B and Twenty-second street that a third man whom he did not know, joined the party Contrary to Moseley's dying statement he says that he was not present when the death blow was dealt Ward being the last man known to have been with Moseley, the dying statement of the man who had been delirious for four days, and the contrary statement of the prisoner complicate the case.
 Ward Is a big, finely built white man, and appears to be very powerful. His bond has been fixed at 5000. which he was unable to make last night.
 Story of the Murder.
 Moseley was picked up at about 3 o clock last Sunday morning on Morris avenue between Twenty-third and Twen- ty-fourth streets. His loud groans at ITdCIeI tHe dlleHIlO0 OI IDe street sweep CTS, who were giving the city it's Sunday morning cleaning, when they found the foul stain of crime. which can never be removed by broom and shovel.
 Lying in a vacant lot, with two great holes, large enough almost to hide a mans fist In his head, surrounded by a pool of blood, with money, watch, shoes and hat, all gone, the man and his sur roundings resembled closely to the minds of the police, six other just such scenes that have been enacted in Birmingham's s darl, alleys within the last three months
 Policemen Burns and Buckaiew and Capt Martin Eagin sent the bleeding body to the hospital where he was given careful attention.
 No Weapon Was Found.
 There was nothing found in the neigh bodhood of the murder except brick bat, and it Is believed the assailant car ried his weapon away. Moseley's hand also bore the marks of some sharp instru- ment, and 1t is probable that they fought with knives before the fatal blows were dealt
 The deceased was A car-knocker at the Alabama Great Southern shops He once lived at Avenue B and Twenty-fourth street. but for some time has resided in Shades Valley. He was 45 years of age and leaves two sons, who are boiler makers. as well as some younger chll- was killed by highwaymen last Decem- ber
 The remains will be taken by the Gau- din Undertaking company to the home on the other side of Red Mountain where the funeral will be held this afternoon and interment will be made in Union Hill cemetery.