The Birmingham age-herald., 1908-08-14

 | thought Larue was shot and went to his assistance. Further, he said, "l didn't hit Thompson. Larue did; hit him twice. Didn't hit him with fist but with pair of handcuffs. The first lick might have knocked Thompson's hat off" The witness also denied that he had an agreement with the other wit nesses as to what he was to testify to in the trial.
 The witness drew a diagram of the store and location of persons at the time of the shooting. Said he did not see Lucien Smith, the soda dispenser whom the other witnesses said was standing behind Robertson behind the fountain counter. The witness also de- nied that Robertson had employed him as a private detective on that night. After the first three sh ots, he stated that he left the store and came back while Larue was arresting Thompson. Frank Heck Called.
 Frank Heck was next examined. This witness testified to having been on 1 the drug store, when the shooting be- gan, and that he ran over to the store immediately. When last shots were fred he said, he was half way across the street. Said policeman hit Thomp- son three or four times in the face. "I was about five feet from him at the time I don't know whether he hit him with his fist or a weapon. I never saw Robertson at all. Thompson was shoot ing towards northwest corner of tn e building when I first saw him. His back was to me. Thompson was about five feet from Twentieth street door at this time."
 On cross-examination the witness stated that Thompson threw up his hands, the crowd surged in and Dar- nell was hit by Larue. Said Darnell went over and leaned against fountain Said Larue went over and apologized to Darnell, and Darnell said There's a man you ought to kill" Then Larue came back to Thompson and hit him in the face with his fist. Larue ap- peared to be excited. He had not taken Thompsons gun when he hit him in the face, and did not take it until Thompson offered it to him. Thompson was doing nothing when the policeman struck him."
 Policeman Larue On Stand.
 Policeman c. H. Larue followed Heck on the stand His testimony in part was as follows:
 When the shooting began was on the sidewalk near Fourth avenue and Twen- tieth street. 1 ran in the back door of the store. The first thing I saw was ev- erybody running, and then I saw Thomp- son fire two shots. I told him not to shoot and he fired two shots at me- I did not see Robertson. After Thompson fired the last two shots I went up to him and placed him under arrest He did not make any attempt to hit me. I hit him with my fist. The blow did not bring blood. Somebody else also hit him. Blood came out from under his hat. He bled right smart l did not see who struck him. I had my gun out and hit Darnel. Then I pulled out my hand cuffs. The crowd was mad and had to fight them back"
 On the cross-examination he stated that Noble was very angry at the time he arrested Thompson. Said MrArdle. Noble Warnock and Darnell were in the crowd surging around. Don't know whether they cursed Thompson or not. I hadn't taken Thompsons pistol at the time I hit Darnell. I stepped over to the fountain and told Darnell I was sorry had hit him. Somebody yelled at me to shoot Thompson. I never heard Darnell say XII him.. Noble said that night aft CT the killing and after Thompson had been placed in Jail that if they would turn him out, him, I'll kill him.
 James Noble was recalled and identi. fed the ring and made one or two more statements after which court adjourned until 9:30 o'clock this morning.