The Birmingham age-herald., 1908-08-14
SIX WITNESSES IN THOMPSON'S CASE State Closes and Defense Be-
 gins This Morning LITTLE CONFLICT SHOWN Lawyers Still contesting Over Admis- slblity of Matter Relating To Fight
 In Park-Pollceman Larue
 On the Stand.
LITTLE CONFLICT SHOWN

The state rested in the preliminary trial of R. w Thompson for killing Elbert W. Robertson late yesterday afternoon and court adjourned until 9.30 o'clock this morning when the defense will present it's side. After an hour and half of argu- ment yesterday morning the examination of witnesses was resumed, and six men were placed on the stand during the day. These witnesses were James Didlake Lucien Smith, James Noble Anderson McCampbell, ". A. Darnell, Frank Heck and Policeman c. H. Larue.
 When court convened yesterday morn ing Attorneys Allen and Bell for the de- fense presented authorities to bear out their contentious that the details of the first fight should be admitted to the pre- iminary hearing. Solicitor Hefiin and At torney Fleetwood Rice of Tuscaloosa re- piled and also cited authorities. After the conclusion of the arguments Judge Abernethy ruled that the admission of threats would not be allowed, but that evidence showing there had been a fight previous to the killing would be admitted.
 It was nearly Il o'clock when the first witness, James Didlake, was placed on the stand The witness stated that he was seated at a table close to the foun- tain at the time of the shooting and as previous witnesses.
 Lucien Smith Called.
 Lucien Smith, soda dispenser at the Housman pharmacy, was the next wit ness. He stated that he was standing be- hind the counter of the soda fountain be- hind Robertson and McArdle at the time of the shooting and described the differ ent bullet holes. one of which he said hit the marble of the counter close to where Robertson was standing.
 Attorney Allen attempted to bring out from the witnesses the fact that on the night before, after court adjourned, that they had gathered at Housman's phar- macy and discussed the case This ques- tion was propounded of Smith, who de- nied that the witnesses had talked of the case. He stated that he was at the drug store from about 7:45 o'clock to S:15 o'clock Judge Allen also questioned the witnesses as to having gotten together prior to the trial and decided as to what they should testify This was also denied by the different witnesses examined yes terday
 On cross-exa imitation Smith stated that he saw no one with a pistol except Thompson and Policeman Larue. He also stated that he did not notice any blood on Thompsons collar or shirt when Thompson entered the store. He also de- scribed the manner in which Robertson had his hand on his hip with his coat thrown back, and his arms resting on the counter
 On redirect examination the witness stated that some one hit Robertson on the back of the head after he was ar rested; that he was hit while his hands were being held. Said he didn't know whether Thompson had on his hat or not when the person hit him on the back of the head. Stated that it was not the po- liceman who hit Robertson. Didn't know who the person was, just saw an arm swing out and hit Thompson"
 Noble Takes Stand.
 James Noble was next placed on the stand and put through a rigid examina- ton. His testimony was, in part:
 "I was seated at the first table, about two feet from where Robertson was standing, facing Fourth avenue. Robert son was standing to the side of me with his left arm on the counter and right foot on rail, leaning back I saw Thomp- son come into the store, pull his gun out of his pocket and fire three shots in quick succession. Robertson ran in a kind of trot toward the rear of the store when the shooting commenced, with Me- Ardle in front. Thompson then fired some more shots.
 Robertson was standing still when the first shot was fired. Thompson stood still while he fired the first three shots. Part of the showcase was in between Thomp- son and Robertson, and Thompson walked three or four steps toward Robertson. 1 didn't hear either of them say any thing. From my position 1 could see both men,"
 The witness stated that he had been acquainted with Robertson for a num- Der of years, having roomed with him a long time. Said he didn't know Thomp- son personally, but had been seeing him
 
 Robertson had been in the store for about | an hour and 15 minutes prior to the kill ing. Said Robertson had bruised places | on his forehead and also black eye. Did not notice any blood on Thompson's s 1 shirt or collar when he came in the store. After the fight at the park Thompson | had blood on his face and shirt 1 On cross ss-examnation the witness stated l that he did not see any one use knucks ] or any other weapon on Thompson at Capitol park He also said that he went | to the park as friend of Robertson ] Said Robertson asked him to go. In an- | swer to the question: Isn't it fact that you, Bob Warnock McArdle and Darnell went to the park at request of Robertson?" The witness replied: I've went as friends of Robertson" l When asked if the crowd disarmed Robertson. he said: No. Thompson did" Witness further stated that Robertson did not use a weapon of any kind during the fight, but that he wore signet ring On the redirect examination witness stated that he saw Policeman Larue hi' Thompson on the head twice. Didn't see anybody else hit him. Larue and Moroney were holding Thompson. Thompson push ed and Larue hit him. Think he hit him on left side. Thompson's hat was on.
 Noble was allowed to leave the stand