The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-04-03
Night Watchman Tells a Long
Story of Events Follow
ing the, Shooting
POLICEMEN TELL H w
THE BODY WAS LYING
Evidence Practically All circumstan-
tial-Private Detective Describes
His Investigations and the
Conclusions Reached.

n crowded court room greeted the open
ilg of the preliminary hearing of Police
man j. j. Byers, charged with the kill
lis of Policeman ". j. Smith, before
Judge |. II. Benners yesterday. 4 large
humber of witnesses were examined, but
all evidence introduced wds eircumstan-
tial, the strongest perhaps being that
c. the night Waterman at the Halle
Randolph Lumber company, who saw
Ryers running down Avenue and shoot
irg his pistol as he ran. The case will
lie continued at o'clock this morning.
Albert A. Smith, a brother of the dead
Iollccman, was the first witness for the
STATE, Attorney Allen putting the aues.
tons. The testimony given by this wit
ness was in substance as follows:
n am a brother of William A. Smith
who was killed on the night of March 10
III Avenue f between Fifteenth and Six
tenth streets. He had been a police
nan for three years. | heard of his death
a. els o'clock the next morning.
Il examined his body and found two
wounds, one in the right breast and a
seraped place on the face. Didn't notice
whether bullet went entirely through
ody or not. | also examl ed the clothe;
worn by him at the time he was shot
ard found slit in the back of his coat.
from this slit | could not tell the range
or size of the bullet only being able
TO tell that it had come frcm the inside
l don't know where these clothes are. 1
asked Coroner Paris to look them up
and later saw them in the back room of
Chief Bodeker's office. l don't know
Bvers. Last time | saw my brother was
ON Monday before the Wednesday he
was shot He also described the bullet
holes in the buildings on Avenue E.
Attorney Allen then submitted four pho
tosraphs of Avenue L between Fifteen! Il
and Sixteenth streets which were marked
Exhibit A, B, C and D, respectively.
Night Waterman Called.
Tom Ross, the negro night Waterman
at the Halle-Eandolph Lumber company.
was the second witness called He testi :
ned as follows:
Il was in office when Mr.. Smith and
Mr.. Byers came to the office. This was
about minutes to o'clock. Door was
the door and they came in and used the
telephone. | recognized Mr. Byers but 1t
was the first time l had seen Mr.. Smith.
Mr.. Smith called up a Mr.. Baker and
talked to him. Mr. Byers told him to
hold connection so that he could talk.
lie took the receiver and said Baker,
want you to Go me a favor The tele-
phone was in the back room and | wall<e1
cut of it at this time and did not hear
the rest of Mr. Byers talk over the telc
zion
They stayed in the office a few min
utes and then went out. AS they left |
said something about it being bad night.
Mr. Byers had on raincoat and Mr..
Smith his uniform. They had just reached
the dry kiln when | left the door.
had heard Mr.. Smith say. go in this di
rection. and they had started towards
Sixteenth street l had just gone into the
back room when | heard three shots right
quick, then five more. I went to the door
at once and looked out. | saw Mr.. Byers
running toward the office. He was Just
past the dry kiln coming back. Nobody
had passed office. Mr.. Byers started
shooting down the street TO Fifteenth
street. | was in the doorway when he
made the first shot of the last five shots
fred. First bullet hit the door. jumped
back He shot again before he reached
the office. Then he ran by and shot three
more times before he reached Fifteenth
street. l didn't see anybody else.
Came In, and Used Phone.
There Is light on the corner of Ave
nue. E and Fifteenth street. Mr.. Byers
went to the corner of Fifteenth and came
back He came back to office and said lie
wanted to use phone. Fl told me to hold
light so he could see where ne was hurt.
He was shot in the leg. Then he told me
to shut the door and he went into the
back room to use the phone. Then said
for me to put out the lights. He had a
long nickle-plated pistol in his hand and
put it on corner of desk while using the
phone He phoned and then told me to
light UP. He gave me a match and | lit
up. The pistol was gone.
I'VE then went to Mr.. Smith, who was
between dry kiln and the house on The
corner. He was lying with his arms up.
and his face on the side. The. night
Waterman from Crane company came up
and Mr.. Byers told us to turn Mr.. Smith
over. / noticed then that Mr.. Byers had
pistol in his hand pointing down towards
Mr. Smith. | had not noticed it before.
SMITH while we were going. ] didn't no.