The Birmingham age-herald., 1908-08-15
YOUNG LADY TAXES STAND IN HEARING OF R. ". THOMPSON Says She Told Thompson That Robertson Had Threat
 ened His Life
TROUBLE WAS BREWING
 FOR ABOUT TWO WEEKS
Other Witnesses Tell of Fight Between the Two Men at Johnnie Collins Place on the Night of
 the Killing.

Did he (Robertson) at any time say he would kill him (Thompsom? Yes, sir replied Miss Kate McDonough when placed upon the witness stand yesterday afternoon by the defense in the prelim- nary hearing before Judge H. B. Aber- nethy of R. w Thompson, charged with the killing of Ebert w. Robertson. The witness also stated that she had told Thompson of this remark by Robertson
 With the eonv1ling of court yesterday morning the defense proceeded to present it's side of the case and brought out many things of interest large number of witnesses were examined. one of the most important being Miss McDonough, the young lady about whom Thompson and Robertson had fallen out
 At the morning session one witness stated that when Thompson entered the Housman store the expression on Rob- ertson's face changed and that he showed his right hand into his hip pocket and moved slightly forward A spring-back dirk with a four-inch blade was intro- duced, this being taken from Robertson's right hip pocket by the undertaken. One witness also declared that he saw a pistol lying beside Robertson on the floor few moments after he was shot; that he had walked to the front of the store and when he returned minute and half later the pistol was gone. The witness stated that he spoke to others in the store, ask ing what had become of the pistol and that they refused to speak about it. Recall State Witnesses. The defense also recalled two of the states witnesses-Dr Strickland and Rob- ert Warnock-and had them testify that James Noble, one of the witnesses for the state, was intoxicated at the time of the killing. Attorneys for the defense also grew very sarcastic in regard to the tes- timony of W. R. Darnell. who was on the stand Thursday afternoon and who stated that he was looking directly at Robertson but did not see Lucen Smith, who was standing back of Robertson
 Miss McDonough took the stand shortly after o'clock. She is very attractive and was quite composed while testifying. Her words were spoken in an extremely low tone and very rapidly, and it was with difficulty that persons few feet from her understood what she was saying. yer batim report of her testimony as taken by Stenographer Jack Stalings reads:
 Miss McDonough's Testimony.
 Q.-(By MT. Allen)-Your name is Miss Kate MoDonough? A.-Yes sir.
 Q.-Where do you live, Miss McDon- ough? A.-Pratt City.
 Q.-How long have you lived there, all your life? A.-Yes, sir.
 Q.-Did you know MT. Ebert Robertson during his lifetime? Al had been know ing him for about three years.
 Q.-Do you know the defendant, MT. Thompson? A.-Yes, sir.
 Q.-I will ask you whether or not MT. Robertson ever visited you before his death? A.-Yes, sir. I had five engage ments with him; had seven and two were broken.
 Q.-Was MT. Thompson also friend of yours? A.-Yes, sir.
 Q.-Dd you ever at any time know of any Ill feeling on the part of Robertson toward Thompson. A.-Yes, sir,
 Q.-Did you ever hear Robertson make any threats against Thompson at any time? A.-Yes, sir.
 Q.-Will you tell the court when he made those threats and what they were? Apo you want me to tell exactly what he said?
 Q.-When was the last threat he made day he was killed? A.-No sir. n it that he made the last threat that you remember? Alt was the Thursday week before then.
 Q.-What did he say then? Ale asked me if Thompson had told me any thing concerning his character and if that was the reason for me quitting going with him, and I told him "No," and he said 1t was, and he was going to Mr. Thompson's office that afternoon and he would finish Mir. Thompson then Q.-Did he at any time say he would kill him? A.-Yes sir.
 Q.-When did he say that? A.-said that Sunday night two weeks before he was killed
 Q.-Tell the circumstances under which he said 1t? Al am not sure it was Sun | day two weeks: no, it was three weeks 1 before the killing. I told him he could
 not come out any more; that 1t was caus-
 ing a good deal of trouble for me to see 1 him. and he asked if MT. Thompson was l causing it. and l told him I didn't care to l tell him, and he said, You will tell me- | and that he was, and I told him Mo-
 and he said If Thompson is the cause I
 will get rid of him, and I saidA You will | not kill him?' and he said, will 20
 to any means, I will kill him to get rid | of him., and said he knocked him to
 doctor at the Athletic club, and he had l 1t in for him for that too. Q.-Said he would kill him if necessary | to get rid of him?
 | Q.-Did you ever tell Mir Thompson l about that? A.-Told him Friday after- noon before the killing. | Q.-Told him what he said? A.-No sir, l I was at Parker's and he asked me where l I was going and I told him I was going | where Robertson and young lady were | standing. and he said, No you won't" | and caught my arm, and I said, MT. | Robertson will kill you for this" and he | said, 'I am glad you told me, l will pre- pare for him."
 Q-Did you then tell him what he said? Al told him Robertson said he would