The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-01-04

the fatal shot that took off the main
witness of the federal government in
the cases against Stapleton, Ptomey
Brooks and others under indictment.
That it was the outcome of Middleton s
knowledge of the affair and who, it
was the only man who could positively
identify those who visited the Com
stock home on the eventful night of
March 2S, 1909, and gave him and his
family forty-eight hours to leave the
community. is the statement made by
w. H. Wade, also a government wit.
ness in the case, and who occupied
the seat wl.I Middleton when the lat
ter was shot.
Wade said upon his arrival here:
Middleton and myself went to Lox-
ley Saturday to obtain provisions.
About o'clock we started for Middle
tons home, some four miles distant,
and had reached point several hun
dred yards from the home, when there
was a fash, the report of a gun and
Middleton fell from his seat. | also
fell from the seat in my effort to get
out of the range of fire of the assassin.
The shots came from behind a tree
clump. could not, for the life of me,
identify the person or say whether
there was one or more.
Just as soon as l could collect my
thoughts 1 summoned assistance. Mid
dleton was taken to his home, where
brought to Mobile for surgical atten-
rhn hull al he -trh Z
abdomen. l am certain that the gun
fired was a rifle.
LAS soon as we could get word to
Sheriff Booth we did so. He sent for
me and l told him the circumstances
the fatal shooting of Mid
dleton. | am sure that We have very
strong circumstantial evidence against
a certain person. Who this person is
l decline to say.
The killing of Middleton is not I'M
if talk in the community can
be taken into consideration. Middle
ton, within the past few days, had re-
marked to his friends that he expected
trouble and that threats had been
made against him.
Middleton was the governments
chief witness against Stapleton, Rob-
inson, Ptomey and others. l am also
a witness in the Casa character wit
ness for Comstock. This is all the
outcome of the free lance grazing
methods of Baldwin county, which
brought about the visit
to Comstock's house and his being Or
dered to leave the community"
At Bay Minette, according to Wade,
Middleton was placed on the train.
His condition at that time was re-
garded as most critical. The train
was midway between Bay Minette and
Mobile when a member of the crew
noticed Middleton give a deep gasp
and then there was relaxation of the
body. When the train reached the
dead some little time.
HOME FIRED UPON.
The firing into the home Of Comstock
was a dastardly crime and has aroused
the people of Baldwin county to high
point of indignation, and Sheriff D. B.
Booth was in the field until late last
night with his deputies at work on the
case. Unknown parties drove up to
the Comstock home about 1880 o'clock
and fired eight Winchester rifle balls
the house. The six-year-old
son of Comstock had narrow escape
from being killed by the flying bullets.
one passing within six inches of his
head. Comstock and the members of
the family, when the firing began, laid
down on the floor of the place and re-
manned there until the shooting was
over The bullets went clean through
the house and more than one man is
believed to be implicated.
The night rider case as it has be-
come known and which has assumed
an alarming situation within the past
few hours, and other chapters expected
to be added, was first brought to the
attention of United States District At
torney Armbrecht early in April last.
The story of the rather interesting at
fair is as follows:
On the night of March %, 1909, the
home of D. S. Comstock, farmer and
sheep raiser of Baldwin county, was