The Montgomery advertiser., 1908-10-11

ness was finally allowed to say that when the bullet had been shown to Culpepper, the defendant had replied that he knew of no one who possessed 8 gun capable of shooting the large steel bullet.
 The cross-examination produced little other than an accurate descrip- tion of the hole found in the front yard and the exact location of the bull let.
 Searched Culpepper Home.
 James Ray of Columbus. Ga, testi- fled as to the particulars Of the tracks going to and from the place where the flash was seen. He told of searching Culpepper's home after the tragedy and of the findings of several pairs of old shoes He Identified the bullet introduced as evidence.
 Upon being asked the same ques- tion as to Culpepper's statements on being shown the bullet, attorneys for the defense raised the same storm of. objection.
 He was finally allowed to answer that Culpepper stated he knew of no one in the community owning a gun capable of shooting such bullet. At torneys for the defense again took exception to the courts ruling. On cross- examination, Ray admitted that he was related to Haden. W. H. Speer, City Marshall of Phe- nix City, testified to practically the same effect as did the previous wit nesses.
 J. B. Garrison followed and under protest by the defense testified that the two Culpeppers had been seen l talking together on the morning of the trouble. He was not allowed, however, to testify as to the nature of their conversation. The most important witness of the | day was Tharpe Pricket. He testified that he remembered the time and place of the tragedy. A Krag-Jorgensen ri- l fe was shown the witness. He said l he recognized the ISeapon and that it l was at one time in his possession. The witness belonged to Company IT," 2nd | Alabama Regiment, and as a member had charge of the rife. He testified that he had loaned the rife to Uhland the tragedy. On the night of the trag- edy he had not seen Uhland. but he saw him the following night in the Phenix City guard house.
 Prickett Found the Rifle.
 Counsel for the defense objected to the question, What was said or done | and what conversation took place be- tween you and Culpepper at the jail in reference to the tragedy" on the | ground that no predicate had been laid | The necessary pr mineSy questions were then asked by the States attor- neys and the question put to the wit ness.
 'I asked him for my rife and told | him that it had to come" said Prick cit. that the Sheriff was going tc search the armory and that the rifle must be in It's place. He told me tha' I could find the rife in certain pin' thicket west of the barn In a little hol' covered up by pine straw. I went tt the place described with the Sherin speer and OGrady. and found the ri
 Did it have anything In it?"
 'Yes sir. four loaded shells and ont empty one"
 J. w. Frank. a negro. and Jame OGrady followed. corroborat' B Prick ett's entire testimony.
 The counsel for the fense endeav ored to shake Prickett's statements both as to the information receive' from Uhland Culpepper at the jail an' also in the finding of the rifle.
 The jury trying the case, consists O w. NJ. Vfnson. D. G. Lindsey. G. M Hasper. c. E. Laylor. J. F. Miner. | McClain. F. B. Gorham, J. H. Eos ter. S J. Martin. F.. F. Huling, A H Meadows and T. H. Browning