The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-04-04
BYERS IS CLEARED
OF MURDER CHARGE
State Fails to Make Out Case
Against Him
DEFENDANT TAKES STAND
The Policeman Himself Was the Most
Important Witness at Yesterdays
Session of the Preliminary
Before Judge Benners.

|
'The state has failed to make out a
case, said Judge |. H. Benners yes
terday afternoon, after hearing all the
evidence in the preliminary trial given
Policeman 'Jud" q. j. Byers, charged
with the killing of his brother officer,
| w. A Smith. Byers was Immediately
surrounded by crowd of friends who
congratulated him upon the outcome of
the trial.
The testimony of Byers was the fea-
ture of yesterdays trial, the defendant
describing in detail the movements Of
Policeman Smith and himself on the night
| of THE killing. One of his first state
| ments was denial of the testimony given
by the negro Tom Ross, night Waterman
of the Halle-Randolph Lumber company
to the effect that he had pointed his piss
/ tol at Smith when they went to him.
He said that he and Smith had always
been on good terms and had worked to-
gether on one or two occasions before.
On the night of the killing they were
assigned to scout duty in that part of
town. He admitted having a pistol in
|
loney reached the scene, saying that he
had shot at the man while chasing him
and had kept the pistol in his hand after
| ward
He told of leaving the office of the
| Halle Randolph Lumber company, saying
that Smith had referred to "the weather
and then he said something about the
talk l had over the phone with Night
Sergeant Baker and that we were trying
to do him." We started towards Six
tenth street and hadn't gone far when
we met man. l said good evening"
and think he said the same. Then Smith
said something to him about being out
late, and the man who had gotten lit
tie past us, turned and we turned also.
Then he whipped out revolver and be-
gan shooting at Smith, who had started
towards him. Then he began shooting
at me. AS soon as l saw the man getting
his pistol | jumped to the street and
went for mine, pulling the scabbard out
with it. The man started running down
towards Fifteenth street and l ran after
him, never taking my eyes off of him
until he turned into Fifteenth street"
Byers then identified a blue steeled .3S
calibre revolver as the one he had used
on that night and said it was the only
one he had with him. Said lie owned
two pistols but one was at home that
night.
The defendant also said that he had
shot but four times and that he himself
was shot one time in the leg.
On cross-examination Byers stated that
he might have fired one time at the build
ing, and said that he did not notice any
body except the man he was chasing
either on his run to Fifteenth street or on
his way back. He acknowledged telling
Ross to turn the lights out. giving as his
reason that he thought the man might
possibly see him while he Was inside. and
shoot at him. The handouts and his pis-
toll he stated, were turned over to Police
man Simmons by him while at the hos
pital.
A large number of witnesses were eX-
amined yesterday, but most OF their evil
dence was technical. d. A. Reedy, night
Waterman for the Crane company on Ave
nue. F. between Fourteenth street and
Fifteenth street, was the first witness for
the defense and their most Important one
office of his place when he heard three
pistol shots. AS soon as he heard them
he ran into the street, and by the time
he had reached the Belt railroad track
saw a man with light overcoat running
down Avenue e from Sixteenth toward
Fifteenth street. This man, he said, was
running i'll a stopped position, and turned
into Fifteenth street. He saw fash
of a pistol and then saw another man
about 10 feet behind. this man having on
long coat. Then he returned to his Of
fee and made a round after which he
went to the scene of the shooting.
Dr. f. G. Grace, who examined Smiths
body at the undertaker's, was the first
witness called yesterday morning by the
state. DR.. Grace stated that one wound
was on the chest just at the right of the
breast bone and that another wound was
in the back, the bullet having gone
through. The entrance wound. he said,
was higher than the exit, while the en-
trance wound was oblong, the bullet
doubtless having been turned by the cloth
ing. He also said there was abrasion
on the face.
G. w Cook, night Waterman for the
Birmingham Rail and Locomotive works,
located at the corner of Fifteenth street
and Avenue E, was the first witness at
the afternoon session. He stated that he
heard three shots and then several more.
He went to the gate, waited several min
utes, went back into his shop and in
few minutes went to Smith. Said he had
seen a man going down Avenue e but
| couldn't distinguish anything about him.
A few other witnesses were examined,
but their, testimony was merely along
lines describing bullet holes and technical
points
NEGRO Murderer CAUGHT.