The Birmingham age-herald., 1908-08-15

stroyers.
 Under lock and key in various parts of the city hall there are more than score of casks of beer and a great number of cases of whisky, all contrab band, and all Of which will be used to cleanse the sew CTS, It is understood that none of the stuff will be held out. not even that the owners of which have appealed their cases to higher court. Under the requirements of city ordinance, all intoxicating liquors shall be destroyed after its owner has been convicted in the police court of violating the prohibition law.
 of whom testified as to Thompson's good character.
 At the afternoon session witnesses were placed on the stand who told of Thompson and Rohertson's meeting at the corner of Third avenue and Nine- teenth street about o'clock about their having a small fight in Johnnie Collins place shortly before o'clock. followed by the second fight in Capitol park about 9 o'clock and the killing in Housman's Pharmacy at 11:2O o'clock
 Fred Stealey of the Majestic theatre proved to be an important witness, test- flying as to a revolver having been on the floor by the side of Robertson. His . testimony was in part:
 'I was across the street and had just started across toward the drug store when the shooting began. I knew Rob- ertson but was not acquainted with Thompson. The shooting was very rapid I continued walking and when I reached the inside of the store Policeman Larue 1 was arresting Thompson. Larue reached down and pulled out handcuffs. Noble and others were in the crowd around Thompson and Larue. I went over to was leaning over him. A pistol was lying on the floor to the left of Robertson and near Denegres foot I walked up to the front of the store and came back. The pistol was gone and I walked up to the front again and asked the others what had become of the pistol by Rob- ertson. They looked at me but didn't say anything, and then walked away" On cross-examination the witness stated
 
 Denegre was leaning over him and open ing Robertsons shirt. Nobody else was there. Solicitor Hefin was not there I looked over and asked, What Is it, Doc? and he said. Robertson I leaned over further and then saw the pistol. I went to the front of the store-it having been locked up in the meantime-and let a man in from the city jail. When I came back McArdle and Noble were near Rob ertson
 Tt was about ten minutes after the shooting when I spoke to Moroney, No- ble and others about the pistol I asked, What became of the pistol lying thereY They looked at me and walked away. Were standing by cash register at the time. Think little George Housman and Darnell were with others when I asked 1 this question:
 | The witness stated that he was in the theatrical business, having been connect ed with the various theatres in Birming- ham. Was with the Majestic last sea- son.
 Embamer on the Stand.
 F. H. Braune, embalmer for Shaw & Son, succeeded MT. Stealey on the stand. He testified to having removed the body of Robertson from the drug store to the undertaking shop and described the knife which he took out of Robertsons pocket. This knife, he said, was spring back dirk, and was in the bottom of Robert sons right hip pocket, a handkerchief being on top of it. Said there was no pistol In his clothes.
 Dan Gunter, soda dispenser for the Adams drug store, testified to Robertson having been in Adams store several nights before the killing with Ellis Rosen- thai. Gunter said that Robertson ap- peared very angry would walk out of the store to the sidewalk and then back into the store, as if looking for some one. Said several others were in the store at the time, and that Robertson was talk ing to Rosenthal. Didn't catch all Robert son was saying. but heard him exclaim that he would knock out of him." Said he asked Rosenthal what the trouble was and Rosenthal told him that Robertson was referring to Thompson, who was up town with certain young lady at the time.
 The state moved to exclude this tes- timony which was so ordered by Judge Abernethy.
 Ellis Rosenthal who is connected with the Louis Saks establishment, followed Gunter on the stand. He testified in part:
 T was acquainted with Thompson and knew Robertson, but not personally. was in Adams drug store one night about week before the killing. Robert son came up to me and asked if I had seen Thompson I asked him which Thompson, and he described the de- fendant I told him No and he said he ! would like to knock - out of him if he could catch him. Seemed like he was looking for some one. He said Thompson was up town with a young lady. I knew who she was. Gunter asked me what was the matter with Robertson, and I told him Robertson was mad because Thompson was up town with certain-young lady"
 Fight at Johnnie coIIins.
 W. E. McFadden was the next witness Said he
 "I work at the corner of Second avenue and Seventeenth street. On the night of the killing I stepped into Johnnie Collins place at Second avenue and Eighteenth street. I knew Robertson, and saw him there Thompson was also there. This xuas close to o'clock I dop,t t,,ou.