The Montgomery advertiser., 1908-09-11
State Rests Case in Court of Bibb.
  JUDGE MILLER WILL
 NOT TOLERATE DELAYS Storekeepsr Hughes Tells of a Meet ing of Strikers. RepeIs Suggestion By Solicitor Thomp- son That Attack on The Train At BIocton Was Planned
 "By His Associates."
BY FRANK F. GLASS.

CentrevilIe. Sept, 1O-(speciaD- Solicitor Thompson announced at o'clock this morning that the State would rest in the prosecution Of the case against the Slav, Wasilije Waino- vich charged with the killing or con ductor Joe Collins and in the shooting up of the train bearing soldiers from Birmingham to Blocton during last August, and the attorneys for the de- fense began with their witnesses, the union miners denying any conspiracy to attack the train.
 Throughout this afternoons testi- mony. as brought out by both the state and the defense it has seemed that the attorneys for the defense have tried to make the jury see the most tm- portant of the states witnesses were employed by the Tennessee Coal and Iron Company and that in reality the Tennessee Company was prosecuting the case against the prisoner.
 The counsel for the defense are endeavoring to prove that the defend ant was not hurt by the falling timber at the scene of the shooting, but that the injury to Wainovichs toe was caused by the axe with which he was chopping wood, with which to make a fire for the Sunday morning break fast. Testimony to this effect has been given by every witness summon ed by the defense.
 At the opening of the court at S:30 o'clock this morning Captain White for the defense stated to Judge Miller that three of the States important witnesses of yesterday had not been sworn and asked for a conference of five minutes.
 Judge is Peremptory.
 At the conclusion of this confer ence Judge Miller asked: How about
 
 with not being sworn?"
 We would like to have little more fine. your honor" said Captain White.
 I'll give you just two minutes" said 1udge Miller. You lawyers take up too much of the courts time"
 Rather than take up the courts time." said Captain White I've will let the testimony stand as it is."
 Now as to the case of Mileto Pop- ovlch, set for today as a special case" said Judge Miller. T see that 1t cam not be tried. I'll therefore let the jury go which has been summoned for this case. But I will not continue the case. It will be tried at this term of the court, even if a special or adjourned term of the court becomes necessary !" The case against Popovich Is similar to the one being prosecuted against Wanoivich.
 Late this afternoon Captain White requested the court to adjourn to the hotel that sick witness for the de- fense. one of its most important links in establishing the innocence of the defendant. might be examined.
 Solicitor Thompson and Mir Bowie of the prosecution strenuously object ed on the grounds that such procedure would act as practical release for the defendant, in that habeas corpus proceedings would release him after Judgment was pronounced.
 The court called the County PhVSi- clan, who had attended the man dur. ing last night and this morning, who upon being sworn testified that the mans temperature was 105 at the pres- ent time and had been higher He gave it as his opinion an examination was extremely dangerous if conducted in rigorous form, and that if any ex- animation at all was held very few questions could be asked, as the ex- citement would in all probability in- crease the temperature.
 The court therefore ruled that the witness shall be not examined at the present time. and that the defense ex- anime another witness.
 For the despatch of the trial Judge Miller held a session of the court last night and several witnesses were ex- amined.
 Milhailo Popovich. Slav and by far the most intelligent witness placed upon the stand whose speech was necessary flo translate. was the first witness called at the night session.
 Popovich testified that he had seen / the defendant early in the morning after the shooting, and that he had seen him again after the doctor had dressed his mashed foot. He stated that the defendant had talked in his presence, statinga that the negroes who were placing the log across the tracks had droppea 1t on his foot. The accident tho witHess testified. took place about II o'ci lock on the night of the shooting.
 The witness al$o testified the de- fendant had said That after the shoot ing he had run &way from the scene with the crowd. I
 On cross m&nation he testified that he had liveh in Blocton. and worked for a conhpany unknown to him. He said th4t he had slept up fendant on the night of the shooting He said that BoZb Durkowich slept in another room. and that he himself had slept with Milo Ipabetich. Bozo slept in an adjoining room with the brother af the defendanti
 The witness stated that he had seen the defendant iA company with q crowd of Italian$ Slavs and Bulgari- ans on the aftefnoon preceding thG shooting. but he laid not emember tAC names of those lin the party. BelnE more closely qudstioned. he stated that the name of onle of the Italians wal Frank Nuce.
 ''Where did ydu see Frank Nuce 2
 "I saw him inl the store near the house with his bother and sister cry ing and holdingi on to him. begglns that he would retnain at home and no go with the croHd."
 J. c. Martin, a guard at Bloc ton. was called and testified tha he was on the train at the time of the shooting, and that he had been wound ed seven times.( He stated that one of the bullets sti4l remained in his per son, and upon tn b request of the solic- itor, the jurors were allowed to feel the bullet under the skin just over the left temple,
 Tha H,,fn fior hnOuHInf 0ui