The Birmingham age-herald., 1908-10-31

IzlI H @ terest in a preliminary trial of man charged with murder as it has in the present case.
 The auditorium of the city hall was filled with spectators when the case was called this morning, fully 400 per sons being present. So interested were the spectators in the proceedings that scarcely a dozen left the room during the entire session.
 Relatives Present.
 Seated with the prisoner on the plat form were his wife. who arrived a few days ago from Jonesboro, Ark. and two or three other relatives. About the lawyers tables were Attorneys Stone and Neville representing the state of Mississippi in the prosecution of the case, and Attorneys Ethridge & Etheridge and Attorney Forrest, who are representing the defendant.
 That the case Is to be bitterly fought every inch of the way was plainly dis cernable this morning by the attitude of the attorneys who permitted scarce ly a question involving any point at all to pass without an objection, fol- lowed by arguments lasting anywhere from 10 minutes to half an hour. The state rested it's case. late this , afternoon, after having examined but two witnesses, Conductor William Hill of the Alabama Great Southern road who was with Conductor Eugene Chest nut when the latter was killed by Ab ner Clay, and J. F. Brunson, who was across the street from the scene of the killing. Hills testimony in substance was about as follows:
 HlIps Testimony.
 "The shooting occurred at $50 D. m. Sunday evening, just 10 feet west of the corner of the ice factory, on Fifth street. Just before the first shot was fired Henderson was standing with his hand on Chestnut's shoulder. and they were arguing about the conversation over the telephone. Chestnut was at tempting to apologize to Henderson and had begged his pardon several times for what he had done.
 "It was while the two men were standing in that position that Clay butted in, calling Conductor Chestnut d-d liar and at the same time draw ing his gun and placing it against the chest of Mr. Chestnut. Up to that time CneSlHul Hdu nOL SpOken lO Cldy ana do not think that he even knew him. "As soon as Clay pulled his gun and placed it against the chest of Conductor Chestnut the latter then started to pull his gun, but before he could get it out of his pocket Clay fired. From that time on several shots were fired by the two men. There was absolutely nothing said to Clay by Chestnut which would cause Clay to draw his gun. Chestnut was not angry at the time, but was simply trying to apologize to MT. Henderson.
 "At the time of the shooting I was standing within two feet of Conductor Chestnut The first shot fired by Chest nut was fired at the time Clay fired his second shot,
 No Blows Passed. Previous to the shooting there were no blows passed between Henderson and Chestnut. Before Clay butted in MT. Hen derson was becoming reconciled and the trouble seemed ended. After the first shot could not see Chestnut because the smoke from Clay's gun shut off the view. After the shooting stopped I saw Chestnut run down the street and started to follow him. but Clay pointed his gun at me and told me to stay there with him. Some one came up just at that time and asked who had done the
 
 Clay admitted that he had fired the shots Conductor Chestnut ran a distance of a block and a half below the ice house, and when I got to him he was lying on the ground with his face down. I turned him over and rubbed his face but he breathed only about three times and then died. He did not say a word before his death. I pulled his coat back and saw the wound in his breast"
 The cross-examination- of Hill resulted in no material change in his statement
 City Clerk I. R. McElroy was the victim of a bad accident this afternoon while duck hunting five miles west of the city, his gun being accidentally discharged, the contents striking his left wrist He suf- fered great loss of blood before he could reach the city. The attending physicians say that amputation of the hand may not be necessary, but this will be determined tomorrow. The>injured man was alone at the time of the accident. He walked mile to where section men were at work and was brought to the city on hand car.