The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-04-03


to turn Mr.. Smith over. thcn went after
some water. When came back small
crowd was there Mr.. Byers had no pistol
then. Some other officers and an ambu-
lance were there when I got back
Continuing, the witness said that it WIS
possible to hear footballs on the sidewalk
inside the office. and that no one had
passed the office before Mr. Byers did.
There is a light on Fifteenth street and
Avenue E, and could see plain to there
There is no light at Sixteenth There were
some cars on the tracks between Eff
! tenth and Sixteenth Lumber yard across
the street was open and man could have
run in there A car was in yard that
night
Mr.. Byers told me nothing about the
shooting. He phoncd for as many officers
as could be sent and an ambulance. Said
he was shot
| Defense Questions Witness.
The witness was then turned over to
the defense and said that he had lantern
and lamp lit in the office that night. lie
testified that he carried the lantern in
the back room so that the two policemen
could use the phone, and after they had
left carried the lamp from the front into
the back room. Was in the back room
reaching for paper when he heard three
shots, and then in a second or two five
more. Il stepped right peart to the door.
All eight shots were fired before l
reached the door. | didn't go out of the
door, which is about ten feet from the
sidewalk. There is vacant space with
I no fence I could see nearly to the bar
room on Sixteenth street.
IT saw Mr.. Smiths pistol in his belt
/ when he was in the office. Top part Of
j his coat was buttoned. Mr.. Byers had on
raincoat When l saw Mr.. Byers run
| ming toward office I could not see the
| pistol but saw the fire when he shot.
! | couldn't see Mr.. Smith then. 1 didn't
! hear Mr.. Smith making any noise. First
three shots and next five didn't sound
the same This FIVE and the last FIVE
sounded the same. Mr.. Byers and myself
stood over Mr.. Smith for about two min
utes. Mr.. Byers and myself had been in
office FIVE or six minutes before we went
to Mr.. Smith. Mr. Smiths gun was "
ing beside him right back OF his head.
! 1t was nickle plated. l moved it out OF
! the way when we turned him over
| On the redirect examination the wit
ness stated that the pistol which Byers
! had when he came into the office after
| the shooting to use the phone. was MCKEE
plated and that the one he had in his
| hand when they were leaning over Smith
was blue steel.
Dr. w. P. McAdory, county physicians
was the next witness. He stated that he
had examined Byers after the shooting,
1 and that Byers had what he took to be
! two bullet wounds in his left thigh. Wit
| ness couldn't tell the range of the bull
let. but stated that when Byers was
| living down they seemed on level, while
standing one looked a little higher 1T
all depended upon the position the leg
! was in" said the witness.
Former Chief of Police c. W. Austin
was the next witness. He stated that ne
| had been investigating the case and had
! examined the premises surrounding the
/ shooting He stated that he had made
mea surements from spot where Smith was
! supposed to have fallen to the dif-erent
! bullet holes found in the door, dry Kiln
! and saloon building. He gave measure
mentsc and stated that it was his opinion
that all of the bullets thus found could
have been fired from the same spot
Adjournment was taken for lunch after
! the conclusion of Mr.. Austins testimony
Afternoon Session.
! w A Ross. who works for Halle
! Randolph Lumber company, was the
/ first witness at the afternoon session.
! This witness testified to having held
! a conversation. as he remembered, on
| St. Patrick's Day with Byers Il
! was going across the street from the
| sh CD when / met Byers. [ stopped and
talked to him. He said most likely he
fred the bullet in the door. Don't
, know whether he examined the bullet
holes or not
Nose S. Blank testified as to having
examined some bullets that had been
shot for Mr. Austin. Judged bullets b,
size and not weight. Had weighed bull
let's by special request. Weighed some
Of these for Austin. They were 32
special. Pulled leads out of new car
tridges and found them to be the same
weight. Also examined them for Cor
oner."
These were the outlets WHICH WIZ
turned over to Coroner Paris as being
ones that had been picked up after the
shooting
Irwin Gibson. a negro youth, testi-
fed as to having seen two policemen
together about midnight at the corner
of Avenue and Fourteenth street
Policeman Maloney Called.
Policeman d. w. Maloney was tha
rext witness. saying:
Il have been on the police force for
about six and a half years; was at
Florence hotel corner when heard Smith
vas shot Got into hack with Captain
Johnson and went to scene. Found
body of Smith in front of the saloon
about 100 feet from Sixteenth street.
Byers was standing over Smith with
pistol in hand. 1t was an old pistol.
Attracted my attention because l had
never seen 1t before. and l wondered
why he had rusty gun. Captain
Johnson asked him how was it?' and
Byers said Smith had stopped MAD
and said something about him being