The Birmingham age-herald., 1908-08-29
Reviews Incidents of Day Which Led Up to Killing
 In HouSman's Pharmacy
SAYS HE WAS NOT GIVEN
 SQUARE DEAL AT PARK
Testifies In Habeas Corpus Hearing That Robertson Was Trying to Draw Weapon When First
 Fired Upon.

son was put through a strenuous exam ination yesterday morning when he took the stand in his own behalf in the habeas corpus proceedings being heard before Judge c. C. Nesmith. The defend- ant was easily the coolest person who has taken the witness chair in this case, and no amount of cross-examination could trip him in his recital of the events leading up to the killing by him of El- bert Robertson.
 Court adjourned at 4 o'clock yester- day afternoon and the arguments In the case will be started at S3o o'clock this morning, Attorney Fleetwood Rice or Tuscaloosa opening for the state being followed by Messrs R. N. Bell ana D.. M Allen for the defense, while Solicitor H. P. Hef1in will close.
 Thompson stated that he had never been personally acquainted With ROD ertson. but had come in contact with nm several times during the two monthS preceding the killing He told of the eh- gagement he had with Miss Kate McDoh- oueh on the afternoon before the night or the killing. His testimony in connection with meeting her at Gunn-Gambilfs drug store. where she had been with hopele- son and other young ladies' coincioeo with the testimony of Miss McDonough.
 The killing was described by him: Il came into the Housman drug store rom the Fourth avenue side, started over to- ward the fountain and was midway oi tho store before 1 noticed Robertson was +bara At the time he was talking to .o,.o, otbers who were seated at the tables while McArdle was standing next to him. When Robertson saw ne no broke off his conversation abruptly anu said There's that - now, seooo 'p -tuo,abt and placed his hand in his mp pocket +o
 .r thought 1t meant life of death to ,,. and I pulled my gun and fired once =. +uice Robertson turned and s+arted running toward the back of the store while I remained standing sliii' I did not shoot while he was ruhhihs' While he was running he looked as Il he was trying to pull a gun from his ,,io noc,xet but was unable to get ms ,,and out At the end of the sho" oo ses. he turned, stopped and endeaVoreo to null his gun. Then he moved over q little. turned toward me, pulled gun from his pocket and was raisine it uben started shooting again. lie did not shoot but turned, moved le" s+ens and fell forward. l did not see ,i,, as he fell to the floor past the
 
 he fell on his back or hls iace' pu' ho was falling face downward when last saw him.
 "r did not shoot at his back or al him while he was running to the paci> of inc store. I don't know whether the ers+ sbots I fired took effect or not At +ha time I shot I was standing about four or five feet inside the store rom the Twentieth street entrance. dla not have time to get out of the building and. in fact, did not attempt to.
 "There was no post between Robert con and myself when 1 started toward the fountain. and there was nothing for me to get behind. Only the small cor ner of a table was in between us.
 The entire history of that night from the time of the meeting with Miss MIG Donough until Robertson was shot to death at 11:15 was then recited by the defendant. He told of how after Miss McDonough had boarded car he went to Johnnie Collins place and while Tn there Robertson came In.
 "When Rob ertson came h., said Thompson, The came up to me and with an oath said. what do you mean by putting it?' told him I did not butt in and then he called me a liar.
 several blows were exchanged be- fore we were separated. Darnell took hold of me and said he was going to arrest me if I didn't go away. l went out the Eighteenth street entrance went up Eighteenth street to First avenue and on around to the corner of Second avenue and Ninteenth street, where I met Robertson and a, crowd. Robertson said I am not through with you-I am going to finish you up to- night
 we then agreed to go to the park and fight it out alone. The time was set at o'clock. When I reached Che park Robertson was there with four or five of his friends and I said, Gentle men. I came here to fight one man, not fve.' Darnell was there and he asked me why I didn't bring some friends with me, and Robertson said, You will have to fight 1t out here tonight even if there are some of my friends here.' q gave Darnell my pistol as he had said that he was an officer and would arrest me if I didn't They did not dis arm Robertson. I asked the crowd if they proposed to let two men fight with one armed and the other without wea- non. They did not search Robertson and did not touch him until the first blows in the fight were passed.
 "When I first went to the park I sug- | eested that we fight it out with pistols | as that was the only way in which I stood any show, but Robertson declined l to do this. Darnell stood between us un- | til he disarmed me.
 "The fight lasted for several rounds. I soon discovered that Robertson could not do much with his fists, and then. sud | denly something began to stun me. I | asked him if he was going to fight that way and he replied, Yes, and that's not all I am going to do with you.' felt the blood running down my face and be- gan to weaken. He asked me If would