The Birmingham age-herald., 1908-08-16
BOTH SIDES REST
 IN THOMPSON CASE Arguments Will Be Made Tues
 day Morning WITNESSES ARE RECALLED Engineer Says He Saw James Noble Hand Robertson Something During
 the Fight-Miss McDon-
 oueh Again on Stand.
WITNESSES ARE RECALLED

w. Thompson, on the charge of Killing
 Ebert W. Robertson Judge Abernathy
 was feeling ill and also Attorney Bell
 for the defense, and for this reason
 it was impossible to have session last night. Attorney Fleetwood Rice of Tuscaloosa a relative of Robertson,
 who is assisting Solicitor Heflin in the prosecution, advised that it was abso-
 lutely necessary for him to be in Tus-
 caloosa Monday, and it was decided to
 hear the arguments Tuesday morning at 10 o'clock.
 Miss Kate McDonough was placed on
 the stand again yesterday. She was recalled by the state and questioned as
 to having been out with Robertson dur ing the week before the killing. She replied that her last engagement had been on Thursday night of the week before the killing.
 Solicitor Heflin asked if she had not
 gone to the natatorium with Robertson on the night before the killing She said Mo- that she had gone with Zac
 Smith, and that her brother was there.
 My brother gave a party there that
 
 did not go with me-"
 Engineer Takes Stand. N. A. Mills, an engineer, who resides just across the street from the park, was the first witness placed upon the stand by the defense at the morning session. His testimony was to the 'ef-
 feet that James Noble had handed
 Robertson something during the fight at Capitol park. His testimony was in substance:
 q remember the fight in the park.
 had my attention attracted by some
 young men quarreling near the monu ment. which is directly across the street from my place. l was sitting on the porch at the time. saw Jim
 Noble hand Robertson something l did
 not see what it was. I just saw him extend his hand to Robertson while the two men were clinched."
 On the cross-examination the witness stated that he lived in the corner house
 at Twentieth street and Park avenue, and that he had been sitting on his porch smoking for some time before the fight occurred. q was sitting about six feet from my sidewalk. The sidewalk is about eight feet wide and the street possibly 40 feet. To my best judgment it would be about TO feet from where I was to the place where the fight was. When the fight started went to the corner. The fight was
 west of the monument. Wouldn't say it was directly west. I would judge it to be 30 feet from the avenue. I could see them fighting by the aid of
 the electric street light. l could sH'
 that Noble held out his hand to. Rob- ertson. The fight lasted about three
 minutes. There was some loud talk
 ing. I do not remember just what was
 said. They were clinched when Noble held out his hand. It was possibly two minutes from the time Noble extended
 his hand until the fight started' Noble Is Recalled. James Noble was recalled and denied that he had approached the two men until some one gave up. Said Darnell went up to the two men while they were clinched. Said Darnell said he was a commissioned o1ncer An effort was made by the state to impeach the testimony of Max Goggans, several witnesses being introduced in an effort to break his testimony. At 1 torney Allen, for the defense, ques- toned the witnesses closely, and asked 1 if they had not agreed to testify so | that Goggans testimony would be | thrown out.
 J. J. Fellows followed Noble and told about meeting Goggans in the Hous-
 man pharmacy a moment after the
 shooting, being present at the time Po- l liceman Larue arrested Thompson. The
 witness also stated that Moroney came from behind the prescription desk and told Larue to shoot the -. 1 T. J. Sloana testified to having seen
 Robertson with a spring-back dirk. | The state objected to the question of
 Robertson having stated that he
 would probably get into a fight with
 Thompson and was going prepared. | Max Goggans was recalled while l Tom Blake, Robert s. Ellis, proprietor | of the Florence hotel, and Clem Zuber were examined by the state in an ef-
 fort to show that Goggans had re- marked the day after the killing that he knew nothing of it. Goggans test- 1 fled on Friday to having been in front | of Housman's pharmacy when the fight
 started and to have seen Robertson run his hand into his hip pocket l pr. Heflin Testifies. l Dr. Wyatt Heflin was also placed | upon the stand yesterday morning. He | testified that he had been present when | Thompson's wounds were dressed He l also testified to the wounds upon l ance of having been made with some l hard substance. He stated that it could | have been made with a heavy signet | ring.
 ] Court adjourned shortly before 12 | o'clock, and convened at ? o'clock again. Goggans was placed upon the
 stand again.
 Moroney was the next witness He | said that he did not see the pistol by Robertson's side, and that he did not | hear Fred Steady ask about it. thought Jim Noble was slightly intoxicated. Several other witnesses were called l to the stand and denied that Stealy
 had asked about the pistol. Warnock
 also said that Noble was underline in- fiuence of. strong drink.
 Objected To Housman.