The Montgomery advertiser., 1908-06-03

was not permitted to see her at her boarding house till on Sunday before the killing.
 She stated that one afternoon about three weeks before the killing sh e and defendant went out for a walk and that they saw a man following them, whom defendant told her was George Bagley, and that on the next morning Mrs. Bagley accosfed her on the street and advised her to quit associating with Howard on account of his sister. She stated that she left Andalusia on Sun day, before the killing, going to her home at Greenville, and that the de- fendant went on the train with her. that on that day she told him why he had been denied the privilege of call- ing upon her at her boarding house: that 1t was because reports derogatory to his sisters name had reached the lady with whom she boarded. She said that defendant looked very much ex- cited when she related these things to him. At one point in her testimony the witness completely broke down and buried her face in her hands.
 The defendant was then called to testify in his own behalf He testified to substantially the same circum- stances of the killing as those of the States witnesses. with one exception. He stated that when he went Into the shop where Bagley was at work, de- ceased raised up and said:
 Young man, are you back here again after what I said to you this morning7" Then he said that if de- fendant didn't get out he'd kill him, and picked up a wood rasp and began to advance toward him when the first shot was fired. The other details Of the occurrence were substantially the same as had been detailed by the other witnesses. Defendant related the story of the troubles. with Miss Hartley about his engagement to her, the af- ternoon stroll when they were followed up East Three Notch by BagIey, his trip with her on the train on the Sun day before the killing He told about how she stated to him the reasons why he had been denied from calling upon her. virtually the same as had been told by Miss Hartley
 He said that his sister had been com ing to him for several months and tell- ing h i'm about reports that Mrs. Bagfey had been circulating on her. and that on Friday night before the killing oc- cured next day. his sister told him about meeting the deceased and asking him to have his wife retract the as- sertions she had been making; that the deceased replied that the reports were true and that his wife was able to take CdTt oI IHc ndlu HIS sister told him that Bagley then made Insulting proposals to her. He swore that the next morning after this con- versation with his sister he went to see deceased and the killing took place.
 Miss Mabel Howard, sister of defend ant, then took the stand and testifled to the conversation she had had with her brother relative to the reports cir- culated on her by Mrs. Bagley. corrob- orating the testimony of her brother along this line. She testified also to the eccentric and peculiar conduct of defendant immediately after these con- versattons.
 With Miss Towards testimony. the defense closed it's case. The State will offer some rebutting testimony. the de- fense will probably do likewise. CounT seI will then argue the case the court will charge the jury and the life and liberty of J Finley Howard will be placed in the hands of a jury of his peers. ALA