The Birmingham age-herald., 1908-07-01

was when they ran out of the court house. Four or five of them ran past me, the crowd being composed of Deputy Sheriff Dean and three or four negroes"
 Hole Through Body.
 Dr. Gaston Torrance was the next wit ness. Said he:
 T saw the negro Ed Moody after he was shot. He had a wound in the chest and one in the back. The front wound was or inches higher than the one In the back. This was a bullet wound and was the cause of the negros death. The bullet passed through the liver, in- testines and other organs, the front wound being in the chest. I don't know the size of the bullet infiicting the wound, but I passed tube the size of my finger into the wound while he was on the operating table. l did not talk to the negro about the shooting"
 Darnel Was Eyewitness.
 w A. Darnell was the next witness, testifying as follows:
 "I was on the west sidewalk of Twenty first street near the Title Guarantee build ing when I saw the negro Moody run ming on the other sidewalk just beyond the Twenty-first street entrance to the court house. He ran seven or eight steps more when he cut across the street He looked to me as if he was handcuned. l saw another negro running after Moooy. I don't know this negro's name ana ooh | know whether or not I could Identity him. I didn't see anybody else in the chase for several minutes. l didn't see the negro chasing him shoot. but there were three shots from the direction or the pursuing negro. Then saw mn immediately after the shots were nred. yT,t.. note
 ''Moody wasn't saying anything but the negro following him was. l couldn't un- derstand what it was, however. Ihls negro followed Moody around the brick building on the corner of Fourth avenue and Twenty-first street, down Fourth ave nue. I afterwards saw the negro Moody half way down the block on Fourth ave nue after he had been caught. He was lying on the ground a few feet of the sidewalk in a yard, on the north side or Fourth avenue crowd had gathered around him. He was handcuffed and was saying something. doht hno" what it was he said.
 "I walked down Twenty-first street to Fourth avenue and stood at the cor ner after the negroes had passei around the corner. I stood there sev- eral minutes before anybody else pass ed. Several men finally passed, Dep uty Courson being in front or the group and Deputy Dean last.
 On cross examination the witness said:
 q heard six shots. The first three appeared to be in the court house and the last three outside. I think 1t would have taken the negro three or foul minutes to run the distance from where I first saw him to the place where hs was caught. I first saw him on the cast sidewalk of Twenty-first street between the alley and the court house entrance. He reached the sidewalk or the opposite side of the street about eight. feet beyond the alley.
 "I did not run to the corner, pu' walked, remaining there until Deputy Courson and Dean went past me.
 'I first saw the negro who was chas- ing Moody on the court house steps. He appeared to have come out of the court house door and was hail way down the steps when I saw him first, This negro jumped into the court house yard from the steps and ran down to the alley where he jumped over the iron railing. and continued running after Moody"
 On the redirect examination, Darnell stated that Moody was not the negro who jumped over the railing; that It was the negro chasing him. Continuin ?, he said: "The last three shots seeme1 to come from the court house steps where I first saw the pursuing negro. I didn't notice pistol in this negro 3 hand"
 On the re-cross examination the wit ness stated that he saw no one else pursuing the negro. He failed to iden- tify Dock Marshall as the negro who was pursuing Moody, stating that 1t was night and that he didn't think he could have told one negro from an other in the dark.
 Neqro Describes Chase.
 Henry Jack son, a negro working for the Monarch livery stable, which Is To- cated on the south side of Fourth ave- nue between Twentieth and Twenty first street, directly across the street from the place Moody ran Into, was the next witness. His testimony was as follows:
 q was close to the stable when l heard the shots. 1 first saw Moody len he was going across Fourth ave- nue. He ran down the other side of the street for a piece and then ran In between two houses. There was a whole Plot of people running behind him. He stayed between the houses for few seconds, when he was brought out. He had on handcuffs then. l couldn't tell whether he had them on while he was running or not. Several white gentle men had him, and he asked them to take the cuffs off so he could get a drink of water. Somebody said they would have to go to the jail to get the ok min fnc ha fore the handcuffs were taken off. know Dock Marshall. didn't see him that night until the ambulance came. There was big crowd around Moody"
 On the cross examination he stated that while the negro was hid between the houses some white men had run down to Twentieth street to come up the alley in the rear and head the negro off if he went that way. Some other men went between the houses and brought the negro out. bringing him almost to the sidewalk, when he lay down.
 Lathem Saw End of Chase.
 John D. Lathem of the Monarch Liv cry company was the next witness, ..s testimony being as follows:
 ''I was standing in the entrance to the Monarch stable when l heard the shots. The first time l saw the negro was when he was running from Twenty-first street down Fourth avenue. Two shots were fired by somebody In crowd just after the negro passed into Fourth ave- nue. The crowd was in the street on Fourth avenue a short distance from Twenty-first street. and about even with the end of the brick house on the cor ner The crowd was about 60 or 70 feet behind the negro who was crossing the