The Birmingham age-herald., 1909-02-26

making full payment 10 the Corlnth Boil CT and Engine works. which company has the contract for the extension.
 It has been decided to conduct a sum- mer school at the newcounty high school at Attalla this summer. The plan has been on foot for some time and has finally been matured through the efforts of Professor Turnipseed of the high school at Attalla. The school will open June ) and close on July ?. Pro. W. F. Jones of the high school in this city is to be one of the instructors. County Superintendent Williams is also planning to hold a teachers examination at At talla when the summer school is over and before the teachers leave for their homes. Somewhat of a sensation was sprung on the public today when Mrs. Sam Ash ley, widow of the late Sam Ashley. re- gently murdered at Turkey town, brought suit against K. K. McMahan. who is now in the county jail, charged with the murder The complaint alleges that McMahan killed the husband of the con- plainant on the night of January 23 and asks that the plaintiff be awarded dam ages in the sum of $l0OOO for her loss. It is claimed that MeMahan has prop erty and can liquidate a fair-sized judg- ment. Another surprise in the case came with the placing of the widow under bond to appear for the state in it's prose- cution of McMahan. She had made bond in the sum of S250 for her appearance. She is most important witness and It is said will give some extremely sen- satIonal testimony when the trial Is had. Will McVicker, the umbrella mender, and J. K. Junk, the boy from Glencoe, whom he is charged with enticing away, are both in jail here awaiting an in- vestigation of the case.
 The case of Will Whorton, the negro who made the assault on Don V. Cald- well Saturday evening, came up for trial today but was postponed because the boy was unable to appear In court. The trial was reset for Monday of the con1- ing week. It was enormously reported that the boy was a son of S. s. Cald- well of the Caldwell Spence company He is son of J. R. Caldwell, who has no connection with the concern.
  didn't it?"
 "I don't care if it appeared in the Holy Bible, it was a lie.'
 But your name was not used in it?" NO; not until Carmack used 1t and connected with it.
 Many Editorials.
 Fitzhugh led the witness through edi- torial after editorial, asking each time if the witness name were mentioned in 1t, and each time Colonel Cooper replied in the negative, but said his name was implied Colonel Cooper denied that he had brought Cox and Patterson together but said he would have been willing to have done so. He would not consider 1t a disgrace if he had done so, but resented it because it was untrue
 The state continued to revert to the po- litical fight which Cooper was charged with settling. Invariably the testimony was ruled out, but invariably the attor- neys returned to the attack.
 You had better get off politics and get on to the facts,' said the court.
 Did you tell Robin Cooper on Novem- Der that you expected trouble with Car mack?'
 T said something to that effect"
 Didn't you make that statement be- cause of the threatening messages you sent to Senator Carmack?'
 "Yes sir, and the message l got back through MT. Craig that Mir Carmack was in an ugly mood.'
 If you got a message from a man who said the town was too big for you, what would you understand?'
 The defense objected seriously and loud ly, but the witness said: ''I want to an- swer that so bad
 Well, you may" said the court.
 Must Take Consequences.
 'lf I had received the message I sent Carmack, I would consider that either l had to stop attacks or prepare myself to meet him."
 'Is it not fact that In your presence at the police station on the night of Mo- vember g, in the presence of several oth- CTS, Messrs. Bradford Ewing and Me- Connico, a statement for the press was prepared?'
 'I did not. These gentlemen prepared a statement and wanted me to read it. I re- fused because that would make it my statement"
 Didn't you see Bradford dictate it to MT. Ewing editor of the American?"
 'I think Mir. Ewing was there.'
 And didn't you know that you all agreed to put it in the third person in order that you might not be bound by it; that it was to be used exclusively in the American here and sent out through the Associated Press?"
 T never read it."
 Then where did Mr Ewing, a news paper man, and these other men get the facts that were printed?"
 q presume from me MT. Bradford was my counsel. MT. McConnico was a friend. I talked to them"
 How did Ewing get it?''
 'I don't know
 Isn't Ewing the representative of the Associated Press in Nashvile?"
 T think he is. The American has the franchise here''
 NOW. didn't you all get together and fix up this statement deliberately to MT. Ewing, as well as to counsel?"
 "No sir. I did not
 What Carmack Told Cralq.
 Didn't you make a statement that night in which you said Carmack told Craig that your name would not ap- pear again?" 3..t tif Ih. N sNl T did not
 Did you not say this. Colonel Coop CT, that MT. Carmack, after the promise to MT. Craig saw fit to further pursue him in the Tennessean editorial col umns?'
 T did not"
 You know Ewing do you not? He is stockholder in the American, is he not?
 He is a director. I do not know him very well.'
 Didn't you say in this statement that Governor Patterson called you on the phone in Robins officer
 "I did not I made no statement ex- cept to counsel"
 But Ewing was not counsel, was hep
 "I made no statement to Ewing"
 Fighting Questions. The defense was fighting these uues-