The Birmingham age-herald., 1908-02-29
FRANK STERRETT IS
 CLEARED OF CHARGE
IS TRIED AT CENTREVlLLE FOR THE MURDER OF MISS MINNIE PITTS AT BELLE ELLEN ABOUT A YEAR AGO.

Centreville, February 2S.-(Special)- After sensational trial Frank Sterrett was today cleared of the charge of mur- dering Miss Minnie Pitts, who was killed
 by a knife stab some months ago, at
 Belle Ellen. The girl was stabbed in the breast and Sterrett, who had been paying her attention was charged with the crime. All are members of leading
 families.
 The first witness was the father of
 the deceased girl, who testified as to
 her wounds and her death. The state offered to prove the dying declarations of
 the dead girl but the court held that his
 could not be done, as there had been a preliminary examination when Frank Sterrett was charged with assault to murder and at which trial the dead girl testified and her evidence was taken down in writing and signed by her before the committing magistrate. The court stated that the necessity for the introduction of dying declarations did not exist and declined to admit any testimony as to her dying declarations. There was much argument over this proposition by the Sodiioci oii ootH oiQCS. lo lhoCCu a novel proposition of law and is per- haps the first time the point has ever arisen in case in Ala bama.
 The state then introduced pr. M. C.. Thomas of Belle Ellen, who attended the dead girl. The doctor stated that in October, 1906 he was called to see Min nie Pitts, just after she was wounded and found that she had been stabbed in the region of the heart. That he dressed the wound and that the patient did fairly well for several weeks, when she began to get worse and fingered until September, 1907, when she died. That in his opinion the wound in her breast was the cause of her death He further said that the de- ceased was a young girl of delicate con- stitution. Counsel tried to prove by the doctor that his directions as to the treat ment of the wound were not carried out by the parents of the girl, but failed to make any such proof.
 The state then introduced Luther Pratt Green, little boy, who said he is 10 years old. Attorneys for defendant ob- jected to the introduction of this witness on account of his age, but after being examined by Judge Miller as to his com potency, he was allowed to testify. He swore that he was within a short dis tance of the place where the deceased is alleged to have been cut on the day of the cutting. That he saw the defend ant Frank Sterrett strike the deceased in the breast. but that he was not near enough to see any knife. He made an unusually bright witness and his testi- mony was not shaken by cross-examina- ton.
 The state then introduced Judge John A. Wood before whom the preliminary ex- animation of the defendant was had when charged with assault to murder. He stated that the deceased had been sworn and examined as witness and her evil dence reduce to writing and signed by her. He was shown the evidence Of the witness on the preliminary examination and identified it.
 The state then offered the evidence of the deceased on the preliminary examna- tion, which was admitted over the ob- jections of the defendants attorneys. This testimony stated that the defendant cut the deceased in the breast with a knife and that at the time the wound was in- fiicted the deceased was not doing any thing to the defendant.
 The state then introduced the mother of the deceased. Her testimony was in the main corroborative of the testimony of the other witnesses. After she had her evidence the state rested
 The defendant then introduced Mrs. Sterrett, mother of the defendant as a She stated that she was present on the day that Frank Sterrett is al- legged to have stabbed Minnie Pitts and that her son did nothing to her. That he was saving wood and did not leave the place where he was at work.
 The next witness for the defendant was Lottie Horton, boy who is under in- for assault to murder a sister of the deceased girl. He swore that he did not see the defendant, Frank Sterrett, take any part in the difficulty.