The Montgomery advertiser., 1909-05-27
EVIDENCE CONCLUDED


re went to the JAN In company with
n III. Smallwood from DAuphin and
Royal Streets to fnvestigate
and found nothing doing" He
returned st 10 O'Clock and Witnessed
nothing unusual. The stste's attor-
nays asked many questions on cross-
sxamination. evidently with the pur-
pose OF contradictirg,M NJ. H. smaiiwood.
who was. next called. 5 r
MI. Smaliwood, a Jeweler, had heard
nothing mp to IL or 1i:s0 O'Clock to In
dictate q lynching. He corroborated
Mr. Calminetffs. testimony. saying that
their tour of investigation began from
Powers Cafe. Everything was quiet
At IL o'clock (midnight Of the lynch
Ing when they passed the jail
ssorry He Missed It.s
william +. Sullivan said he saw
nothing unusual or heard nothing TO
indicate an impending lynching from
the time Hatcher was shot until the
negro was shot. MT. Sullivan denied
fatty the testimony OF B. b. Cox that
the former had said to the latter:
You'd better go down to the lynch
Ing" on the day preceding the night
Of the lynching. This testimony also
made way Tor q statement which the
witness said was made to him by Cox
the morning following the lynching.
The witness said Cox approached him
and asked him II he had gone to the
lynching and when he replied In the
negative added that he wished he had
been present" and that he would have
been s.glad to have had q hand IN the
lynching." The State objected stren-
uously. but in vain. to the questions
of Counsel Inge eliciting< this testi-
mony.
Leo Walsh, of ISL Church Street. tes-
tified to not having seen OF heard any
thing to indicate a prospective lynch
ing. He. having been to the show. was
on the streets up to IL o'clock OF the
night Of the lynching.
On cross examination the witness
said he lives on the corner OF the
streets where the negro was lynched.
about fifty feet from the scene. He
had retired shortly after midnight and
was aroused by loud talking Just out
side on the street. He thought at first
IT was only some drunken men. but
raised the curtain and looked out at
ter hearing remarks such as "Son -
," put the rope over the limb"
and "around his neck" He saw the
negro pulled up to his death and heard
two shots fired. Then. revolving at
the sight, he pulled down the shade,
He believed there were fifteen or
twenty persons present ut the lynch
INK. Later ne uE&EQ tut tVtDS VA -
tos and buggies coming on the scene.
The witnes did not see the rest Of the
1ynching, being nervous.
Charles Cherry. a former deputy
sheriff, was called on by the defense's
attorney to give q minute history of
evsnts leading to the lynchins. Begin
ming from the time he heard Of Fatch-
Or being killed, went to the hospital
with his old comrade, and. returned TO
.. os& = ~ ahafa APadE IN
the direction Of the fynching. He
rushed to the scene and ran into Dave
Holt, who was drunk, he testified. This
was a point scored by the defense as
It tended to break down important
testimony Of the state.
The witness denied all testimony Of
states witnesses, tending to show he
had knowledge Of the probable lynch
ing He also said that the reputation
pf Dunk Case, State witness. was
had In Mobile. He had never heard
4 threat Of iynching, but remarks came
70 his ears like He ought to be
lynched."
The witness was asked at length
about circumstances preceding the
lvnchfnR of two negroes from Whistler
"a route to Mobile. The comparative
value OF this testimony was hurt by
redirect evidence that the pair of ne
xroes from Whistler were lynched
shortly after the time OF their crime
On their way to Mobile and before
there was an opportunity to observe
excitement or conditions or rumors
prior to the lynching.
George W. Morrison Yves on the
streets from to 10 o'clock Of the
evening OF the IyAching and heard
nothing and saw nothing to indicate
Impending violence.
Dan Young, deputy sheriff. was In
the jail on duty at the time the negro
was brought there for Incarceration
Nothing unusual was noticed nor
threats made to lynch Robertson up
20 the. time he left the prison. Mr.
Young denied damaging remarks at
tributsd to him by A. b. CASTOR. q
State witness, such as he waS NOT go
ting to interfere with the lynching. He
admitted having said he believed they
would hang the negro" meaning q 1e-
gal execution.
The witness denied having said to
over the keys to the other deputy.
as I'd hate to risk my life in defense
OF q negro who had shot Fatch !"
Mr.. Young was cross questioned at
length about the interior construction
OF the jail. The witness was, in turn,
on duty at the time of the iynching.
Ch1eR xmpeaches Testimony.
Former Chief of Police Rom
deAu testified to having been
on duty the day preceding
the lynching. He had seen or
heard nothing nor had his ofieers re-
ported anything to indicate a iynching
np to the time Of his leaving his Office
at about o'clock p. m. Chief Ron
deau was used by both sides to i'm
peach opposing witnesses. Leon Del
homme for the State and Dan Young
for the defense.
David Nathan. a soft drink proprie-
tor. testified to the character of Del
honnme as being bad"
Joe Hart heard Of no runnors of a
iynching before fve minutes prior to
the shots into the negroes body.
Harry Hollow was called to impeach
the States witness. Delhomme. and
said he heard nothing from his
habltues to indicate an impending