The Montgomery advertiser., 1908-10-07

seen the latter with the revolver, all ternately pointing it at the Starke brothers, and heard MT. Lowe say. Do | not advance further. or I will shoot | both of you" J. M. Starke was | standing beside a table with his arm | raised. and S. c. Starke had his hands in his pockets. This concluded ! Captain Smiths testimony W. L. Haygood was called as witness in the case and said he was | talking to MT. Lowe by the table in \ the front part of the Sanitary oGice. I when J. M. Starke came in. MT. Hay good says he spoke to Mir. Starke, but | the latter paid no attention to him, and, putting his hand in his pocket. | withdrew 1t and went through the mo- | tions of opening knife although the witness did not see a knife in his | hands.
 MT. Raygood said J. M. Starke came
 around the end of the table and he | heard MT. Lowe say, Don't advance | on mel" s. c. Starke entered the room then. and Mir. Lowe. who had | drawn a pistol, covered both with the weapon, alternately and MT. Haygood being in the range of possible fire, thought 1t best to get out of the way. At this point. he says. he heard Mir. | both of you." meaning the Starke brothers. MT. Haygood says S. c. starke had his hands in his pockets. | and for a while he thought the whole business a joke. When Captain Smith 1 came in and disarmed MT. Lowe, MT. | Haygood says he went to Mir. J. M. Starke and stood before him, to pre-
 vent any further possible unpleasant ness.
 At the conclusion of MT. Haygood's testimony. J. M. Starke asked the ] witness if he could swear that 1t was he. J. M. Starke, who had said Don't | shoot" MT. Haygood replied that he could not swear to it. for possibly 1t | was s. c. Starke who had used the words.
 When entering on the case, the court asked the prisoners whether they were guilty or not. J. M. Starke at once pleaded guilty, but MT. Lowe entered plea of not guilty, saying that he acted in self-defense.
 When the principals were allowed to testify. MT. Starke was first to take
 the stand and started to tell what had led up to the trouble. MT. Lowe ob- jected to the testimony as irrelevant.
 and was sustained by the court. Mir. Starke then left the stand. MT. Lowe declined the privilege of testifying, and the case was before the Recorder for pronouncing judg- | ment. Acting Recorder, alderman
 
 there was nothing for the court to do
 but find J. M. Starke guilty of disor-
 derly conduct. and he imposed a fine
 of $10.
 At the conclusion of this ease. D. F. Lowe was arraigned on a charge
 of using profane and indecent lan-
 guage over telephone.
 "If calling man a damned liar Is
 using such language, I am guilty" he
 said.
 J. M. Starke was called as a wit
 ness in the case and said that he had
 called up MT. Lowe by phone Monday
 evening, between 6 and o'clock, to
 ask him concerning language Mir.
 Lowe was said to have used to a mem-
 Der of MT. Starkes household. a lady.
 MT. Starke said the lady had told
 him that Mir. Lowe's language to her
 had been insulting in the extreme, and
 when he asked MT. Lowe over the phone if this were true, MT. Lowe had replied:
 You are a damned liar and 8 dirty rascal"
 MT, Starke then told MT. Lowe. he said, that he would meet him the next