The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-07-24
A MISTRIAL MAY
STOP LYENS CASE

come out in the direct testimony
for Thomas here swore that he heard
Smith say There is no use for
doctor, they did not give me chance
they stole my life. He also testi
fled to the fact that he saw two men
advancing from the front of the store
both shooting pistols. He say Lyons
grab Smith as he advanced from the
prescription counter and heard him
curse him several times. The wit
ness said he did not believe Lyens
would carry gun with such small
calibre as 80. In rebuttal Thomas
swore that he was up stairs when
Smiths pistol fell out of his pocket,
just before he died and that it was
then and there examined and had not
been fired, every cartridge being in
place in the revolver. One of the
membrs of the jury, Capt. Joe Will
Hanson, here asked Thomas if Smith
had gun in his hand when Lyens
grabbed hold of him and the witness
swore that he did not
A. l.. Kicklighter, who is a Jesup
merchant and whose store adjoins
that of the drug store in which tie
killing occurred. He was in the
store which is only thirty feet away
when the shooting occurred and he
heard the shots-the first volley of
seven or eight sounded like pistols,
then he said there was a lull and as
many more pistol reports, a pause
and two loud reports followed that
must have cCme from a shot gun.
The witness then identified photo
graph of the interior of the drug
store he owning the building in
which it is located. Kicklighter's
testimony was not of a material ma
ture and after some oss-examina-
ton, he was excused.
The next witness was Bob HCpps,
an old negro man and the only ne
gro witness so far introduced in the
case. He was working for Smith and
it was pay night and ne was standing
at the corner near the drug store.
He saw Lyens and Archie walk up
near the store some fifteen minutes
tefore the shoctfn and saw Archie
approach the door, take a good look
in the store and then return and en-
gage in conversation with dis father.
He did not see the shooting but
heard all of the shots which he de,
scribed in the same manner as have
all Cf the state witnesses who heard
them, as sounding like a series of pis-
tol reports, cessation, another vol
ley of pistol shots and then two shots
from shot gun. In the cross exam
ination it was brought out by the de-
Tense that Hops had once been ar
rested by Lyons for stealing chick
ems, but in the rebuttal it was shown
that jury in Wayne county had ac-
quilted the witness when the case
was brought to trial.
The next witness was J. L. Parrott
travelling salesman for the Colds
cGro buggy company who lives in
Dalton, but was in Jesup on the at
ternoon Of the killing He entered
the drug store, he swore, just a few
seconds before the Lyenes came in
and heard the elder Lyens say Il
will get" but did not hear what else
he said. or what he meant to get
The tone of the voice was in anger
and that attracted the attention of
the witness. He was reading a Letter
when they entered and Smith was on
the other side of the room near the
soda water fountain. He says he
saw there was trouble and he immed-
lately dashed out but heard the vol
ley Of pistol shots in a second and
saw Smith moving towards the back
of the store after the shots had been
fired and in the direction of the pre-
scription counter. He did not re-
turn to the scene Of the shooting On
the cross-eXamination the witness
was kept On the stand for an hour
and half in answering questions
about his movements on the day of
and on the day after the killing He
said he did not know either of the
Lynses.
l.. S. Price, a bank clerk of Jesup, |
and a close friend of Smith, was here
called and he made splendid wit
ness for the state. He was frank to !
say in the cross examination that he |
had no good will for Lyons, do how
ever entirely toward his conduct in |
this affair. He swore that he was in |
the moving picture show across the |
street when he heard the first shots
and that he ran over to the drug /
sore. He described the shots like |
the other witnesses had and said that |
Lyons was the first man he saw when |
he got in the store, as they were then
moving Smith UP stairs over the |
store, where later he died He said |
he heard Lyons say that Smith shot
him first and he killed the Cd
- -, The witness then said that
he went up stairs and saw Smith ly-
ing on the mattress and talked to
aim closely and confldentially and
that Smith made this statement to
him. There is no use for medicine. |
am going to die, Archie shot me
first and Lyons held me, while Ar
chic shot me again, I did not shoot