The Birmingham age-herald., 1908-07-01
. 4 FIFTY A ND

shots came from the crowd. I saw the flash of two shots.'
 On cross examination the witness stated that he only saw the flash of two shots, but that he thought there was a third.
 Cursed Injured Negro.
 George King, negro, was the next wit hess. He said
 T saw Moody when he was brought out from between the houses He had the handcuffs on then. He lad down on the ground and asked that somebody hold his head up. Black Dock (referring to Dock MarshalD came up to him and said. You black -, get up and run again, and I'll finish you p
 On the cross examination the witness said that large crowd of white and black people were standing around Moody when Dock Marshall came and said this.
 Miss Annie Reid who runs the ice cream garden on Twenty-first street across from the county jail, testified:
 'l was in the ice cream garden when l heard three shots. The first seemed to be in the court house, the next about the passageway and the last one outside. After the shots l saw a negro running down TWenty-frst street He was cut ting across the streets towards the dairy when l first saw him. He came up on the sidewalk and staggered then ran on down the sidewalk. Dock Marshall, the negro who drives for the deputies came running across the street and ran down the sidewalk after the other negro 1 oont know whether the other negro was nandcuffed or not. The last shot was fired just before he stepped onto the side walk in front of our place. He had time to get to the corner before Dock came by. There were other people on the other side of the street when Dock came by. but I couldn't tell who they were. There were no more shots.'
 Ladies Placed on Stand.
 Miss May Gardner. who was also in the garden at the time of the shooting, stated that there were three shots. Moody was out of sight before she reached the front white man rushed by just as she reached the entrance.
 Nearby Residents Testify.
 Miss Agnes Terry stated that she lived on Fourth avenue in one of the two houses Moody ran between. She stated that she heard no shots, her first infor-. nation being when she heard groans out side. She looked out of her window and say some men taking the negro out to the sidewalk. "The negro lay down, and it was nearly half an hour before an am bulance came. Then 1 heard voice that sounded like white mans say, I knew l hit you when you went over the fence, and 1 ought to have broken your neck "
 Carl McRaven, who lives in the other house, gave the following testimony: 'I was on veranda of 20l6 Fourth ave- nue at time of shooting. l heard rne' first shot. It was indistinct and l wasn quite sure that 1t was a shot. Then I heard three more shots in the direction of the Courthouse. In few seconds negro cut across Fourth avenue from Twenty-f1rst street He ran down Fourth avenue and in between the two build ings, staying there a few minutes. Three or four men were after him, the negro having a good lead. This lead was the distance of the two houses. There were no more shots and none were fired on Fourth avenue.
 When the negro came out from be- tween the two houses young man had him, and was making him walk The ne- gro said he couldn't walk and laid down. The young man told him to Walk on or I will bat your brains out The ne- gro had handcuffs on when brought out"
 Lloyd Marshall, who works for the messenger service at 2O23 Fourth avenue, which Is located between the Monarch liv- cry stable and Twenty-first street said:
 "I was in the messenger service place when I heard three shots I ran to the door and in a few seconds saw a negro
  first street into Fourth avenue. He ran down about half block and ran in be- tween two buildings. There were two or three black fellows following him. There were no shots fired on Fourth avenue. After the negro was brought out walked down to look at him, but the crowd was so great I didn't get to see him."
 A. l.. Fort stated that he was sitting on the yeranda of house at 52O Twenty-first street when he heard two shots. He went to Fourth avenue and saw the ne- gro lying on the ground. While on the ground a black negro walked up to the wounded negro and said, Get up from there and run again and I'll finish you this time /"
 J. A. Fort testified to substantially the same thing.
 John Prude and IT. M. Harris also tes-a tified to seeing the negro lying on the ground with the handcuffs on and re- questing that they be taken off.
 Coroner w. D. Paris was again placed on the stand and questioned as to a con- fession made by Deputy Sheriff Ernest Robinson to the effect that he had shot at the negro This evidence, however, was ruled out.