The Birmingham age-herald., 1908-07-01
DEPUTIES ON TRIAL FOR RECENT KILLING OF NEGRO PRISONER Testimony of Witnesses As to Who Fired the Fatal Shot Shows Some Conflict HAD HANDOUTS ON WHEN
 SEEN BETWEEN HOUSES Counsel Will Argue Matter Before Benners This Morning-Defense
 Presents No Witnesses
 at the Hearing.

al the rearing.
 The preliminary trial of Deputy Sheriff Louis R. Dean, Deputy Sheriff Ernest Robinson and the negro spotter. Dock Marshall, charged with the killing of Ed Moody, a negro prisoner. Tuesday night of last week. was begun yesterday after noon before Judge l. H. Benners. The state introduced a number of witnesses and rested, while the defense introduced none. Arguments in the case will begin this morning at o'clock, although 1t is probable that additional witnesses may be introduced.
 Solicitor H. P. Heflin handled the case for the state, while Hinds Peevy was counsel for the defense. MT. Peevy an nounced first that the defendants would waive the hearing and let the matter go to the grand jury. Solicitor Hefiin de- manded a trial, stating that the defend- ants had demanded that an early hearing be given. MT. Peevy then asked for a weeks continuance, saying that he had been out of the city and had only re- turned Tuesday morning and was not fa- milar with the case. Solicitor Hef1in re- piled that the defendants had demanded that the trial be held at once, and Judge Benners announced that the case must go on.
 Moody Is the negro who had been ar rested by Deputy Sheriff Helton Tuesday night of last week, and who made a break of liberty from the sheriff's office, a chase following in which several shots were fired at the fleeing negro. One of these shots took effect, causing the ne- gro's death. The coroner's jury held the three men for hearing, their verdict read ing that the negro had met his death by shot fired by one of these men.
 Conflicts In Testimony.
 One man testified that at least two shots were fired by a crowd of men who were chasing the negro down Fourth ave- nue, while several witnesses testified that no shots were fired on Fourth avenue, the last shot being fired on Twenty first street One man who saw the negro run ming on Twenty-frst street stated that the negro looked as if he had on hand cuffs while running.
 None of the witnesses placed on the stand by the defense implicated Robin son in the shooting at all. Coroner Paris was placed on the stand to tell of the admission made to him by Robinson that he had shot at the negro. The defense objected to this, Attorney Peevy declar- ing that man could not be convicted on his own testimony or confession. ; Judge Benners sustained MT. Peeyy' s ruling that 1t would be necessary to pro- duce some witnesses to show that Rob- inson took part in the shooting. This ruling is expected to be productive of much argument at this mornings ses- sion, the solicitor objecting very strenu- ously to the ruling, and stating that he would show authorities on it.
 Paris Is First Witness.
 Coroner W. D. Paris was the first wit ness placed on the stand by the state, his teseimony being short and in sub stance as follows:
 I nelu dIl lnQucbt ONcI tic bouy Ol dead negro identified as Ed Moody, and who had been shot and killed by a bull let. The bullet entered the back and came out about the chest, the point of exit being several inches higher than the place of entrance. I saw him the day that he died. which was the day after the night of the shooting. The wound ap- peared to me to have been inflicted by a B. calibre bullet"
 Williams Describes Shooting.
 James Williams, assistant clerk of the Board of Revenue. was the next wit his testimony being short and in sub lows:
 'I had been acting as night watchman and had my desk in the center of the two halls under the chandelier the night of the shooting. The first thing that attracted my attention was somebody running I looked up and a negro ran past my desk. The negro had just gotten by the desk when the first shot was fired by Dean. I saw him fire twice. Shots went down the hall after the negro. I don't know whether the negro was handcuffed or not. He was running down the corridor toward Third avenue.
 ,The first shot was fired by Dean when he was between the sheriff's office and my desk, and the second shot fired by him just after he passed my desk. 1 didn't see anybody else shoot. The negro went out of the Third avenue door, There were two more shots outside. One sound ed like 1t was near the steps and the other farther away.
 q didn't see the negro any more. Two or three negroes came out of the sheriff s office with Dean and followed him. Hell ton came out but stopped before he reached my desk. I asked Dean when he came back what they meant and he said. somebody was shooting in the air. I don't know how close the bullet from Deans gun came to me but his pistol was pointed down the hall.'
 On cross-examination the witness stated that Dean fired the first shot when he was even with the skylight or the steps going down into the basement Dean and the negroes came out of the sheriffs office in a bunch. All of them went by my desk toward Third avenue. It was close to o'clock when the shooting oc- cured. I don't know whether Dean had his gun pointed directly at the escaping negro or not, but 1t was pointed down the corridor in the direction the negro was running. He threw the gun up liko that the witness raised his hand level with his shoulder and pointed straight