The Birmingham age-herald., 1908-08-13
Witnesses Relate Details ot Sen SationaI Killing In Housman's
 Pharmacy Last Month
OBJECTIONS MADE TO
 FIST FIGHT AT PARK
Defense Wants Details Brought Out, and State as Strenuously Objects To Going Back of the
 Actual Killing.

w. Thompson was begun yesterday morn ing before Judge H. B. Abernathy. Thompson is charged with the killing Of
 Ebert W. Robertson on the night of July 25, in Housmans pharmacy.
 The day was one of objections and ar
 guments on the objections. more than
 half of both the morning and afternoon
 sessions being consumed by the attorneys
 wrangling over the asking of certain ques-
 tions. Solicitor H. P. Hefiin, Assistant
 Solicitor J. B. Airl and Attorney Rice of Tuscaloosa, a relative of Robertson, han dled the case for the state, while Robert
 N. Bell and B. M. Allen were counsel for the defense.
 But four witnesses were examined dur
 ing the day, and the trial, according to present indications, will last several days
 The witnesses examined were James w.
 McArdle, pr. Strickland, J. P. Moroney,
 Robert Warnock and Dr. Harry Denegre The main point of dissension between the attorneys was as to the admission of testimony regarding the fight, which, it is said, Thompson and Robertson engaged in at Capitol park about two hours before
 the killing. The solicitor neld that the de- tails of this fight could not be introduced, while the counsel for the defense as strongly held that it should be admitted.
 Many authorities were introduced by both
 sides. The defense is alleging self-de- fense.
 In order to accommodate the great crowd
 which had assembled to hear the trial Judge Abernathy held it in the large third division city courtroom, and despite the size of this room large number of per sons were unable to get in.
 Two sessions were held, the first one be- ing convened at 10 a. m. ana lasting until
 12, and the afternoon session, beginning
 at o'clock and lasting for about three
 hours. Court will be convened at 9:30
 o'clock this morning.
 McArdIe First Witness. James W. McArdle was the fest wit ness called McArdle was standing at .he soda fountain in Housman-s drug store with Robertson at the time Thompson came up. McArdles testimony was in part as follows:
 "I have lived in Birmingham for about 20 years and knew Robertson for five or six years, and was with him in Hous-
 mans drug store the night he was killed l was standing at the soda fountain talk ing to Robertson when Thompson walked inlo the store, and when within about l5 feet Of Robertson began shooting. I was standing with my back to the fountain as was Robertson. When I first noticed Thompson he was about 20 feet from us coming from the Fourth avenue side of the drug store toward the fountain. FIe was about 12 feet inside the door when first saw him. He said something, but
 did not catch it all. He did say some- thing like =. l saw him when he fired the first shot. This shot was fired in Rob- ertson's direction. Several other shots were fired after this, but I don't know just exactly how many shots Thompson fired. Judging from bullet holes, I would say there were seven or eight fired. l ran to the back of the store and hid behind the ice box. Some shots were fired after I got behind the box. I saw Robertson
 after he was shot. He had wounds in one | arm and right breast. He lived but few minutes after being shot. Thompson | leaning against the fountain
 When Thompson came into the store, Robertson said, There's that = now | l did not see Thompson with the pistol | in his hand until after Robertson had made this remark. I saw the pistol in his | hand less than a minute afterward | didn't see Thompson draw the pistol. | did not notice his hand when he came | into the store. The showcases were in | time. I did not hear Robertson make | any other remark"
 On cross-examination the witness stat | ed that he and Robertson were standing | side by side with their backs to the foun- l tain, and that he could not see Robert l sons right hand. and that there was a l boy behind the fountain counter. He fur- | ther stated that Robertson did nothing as | far as he knew.
 Continuing the witness said that after | the shooting he came from behind the | ice box and went to the front of the I store, coming back to where Robertson | was lying on the floor about two or three minutes afterward. Others were around ] him when he got to him.
 Behind the Ice Box.
 while I was behind the ice box" con l tinued the witness, "Officer Larue came | in from the rear of the store with a | pistol in his hand He leveed it on | Thompson and told him to throw up his hands. Some scuffling took place and l somebody interferred while Thompson | was being arrested I did not see Larue l hit Thompson. Larue hit another man | Donnell-who seemed to have inter- | ferred." The witness then described the l store and the location of the parties in | if at the time of the shooting. Said he thought there were parties at two of the tables in front of the fount, naming some l of them
 | "I had been in the store about 20 min- | utes. and I think Robertson had been kthere since about 9:30. the killing oc- | curing some time after Il o'clock-about | 11:15 or 11:2O. saw Robertson about g
 O clock on Twentieth street between | Fifth and Sixth avenues going north. l and went on up to Capitol park with | him. i saw him first time that night about o'clock at the corner of First ave- nue and Nineteenth street Left him thers