The Birmingham age-herald., 1910-09-03
STANSE[L IS HELD
 ON MURDER CHARGE Charged With Killing of Will
 jam D. Berry CLAIMS SELF F-DEFENsE Judge Moody Remands Former City Marshal to County Jail Without BaiI-Shooting Occurred at
 RussellvilIe
CLAIMS SELF DEFENSE

| Russellville, September 2.-(Special)- | Former City Marshal Murvin R. Stan | sell was held in jail without bail in his preliminary trial here today by Judge R. J. Moody for the murder of William D.
 Berry, county jailer and former deputy, | on August 12. Twenty odd witnesses were examined.
 R. M Berry, brother of the dead man was the first witness and told his yer sion in straightforward manner, saying that Bill Berry and Tom Berry had been drinking on the day of the shooting and | that he was there for the purpose of keeping down any difficulties. He testi- | fed that he was in the rear room of the market when Stansell came up, walked into the market and went on back to the I part of the building. When he reached the door of a small room Bill saw him and
 told him that he knew what he said. Stansell remarked, with a lowered head, No"
 Then Bill said, "Murvin, you said it; you know you said it."
 Berry said that Stansell remarked, "Yes, God d. you, and l will kill you. too,'' and drew pistol. The witness said that Tom Berry then drew a pistol and held it in downward position. Murvin shot three times at Tom, the third shot striking the wall. Stansell then fired over Reubens shoulder at Bill, hitting him in the head, just above the eye. It is claimed that he called to Stansell tell ing him not to shoot.
 Berry testified that he went to his brother, who was lying on the floor to give him a better position and that Stan sell pointed his pistol at him and said, God d. you. I will kill you, too.' He threw up his hands and said, Don't shoot have nothing, give me chance" ]" Berry claimed that two different times Stansell pointed his gun on him and threatened to kill him. Tom Berry is said to have called several times, Let him shoot, Uncle Reuben, let him shoot"
 Ex-ray photographs of the bullet in head of Bill Berry were placed as evi- dence. Other evidence of the state proceed that the assei lions of Berry were cor rect
 Ed Berry, son of R. M. Berry, testified that Stansell remarked, with an oath, that he would kill Bill Berry and drew pistol In the meat market of Fulton & Richardson. Several witnesses of the state told of the same occurrence.
 Tom Berry, who was wounded, said that Stansell went into the place and drew pistol and commenced firing; then after shooting turned the weapon on Bill and fired on him, producing the wound which caused death.
 The defendant said that he persuaded Berry to go home but that he returned and went into the market; that he went there for the purpose of making an ar rest and seeing young Berry with pistol fired at him three times. Stansell had told Bill Berry that he would be forced tc arrest him if he did not go home and that Berry said that he would go home, but would return and might have some thing between his shirt" Stansell said that he did not produce pistol until Tom Berry drew one.
 Several witnesses were introduced to prove that Berry had uttered expressions as refusing to be arrested before the shooting.
 George McCarver testified that Bill Ber- ry did not have a weapon.
 Eminent Arnistead said that he re- moved a butchers knife from Berry's body at his home after shooting. Several minor witnesses were examined as to diff ferent parts of evidence. Both sides rested and the arguments of attorneys were given
 Judge Moody announced his decision holding the defendant without bail. In the Bill Berry case and In Tom Berry case for assault with intent to murder which was tried at the same time as Stansell, was given bail In sum of s250O Stansell was carried to the Colbert coun- ty jail in Tugcumbia tonight. where we will be confined until circuit court grand jury meets in November Stansell received the verdict of the court with a smile and appears confident of acquittal
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