The Birmingham age-herald., 1911-01-18
MAN TRIED ID SHOOT
 HIMSELF AND WIFE Anniston Man Dying as a
 Result ' DR. PEARCE WILL FIGHT Member of CaIIoun Feud Says He Acted in Self-defense-Mayor Wilkes Tiger Dealings Are Critized.
 Avintors May Come

Anniston. January 17.-(Special.)- Charles Higginbotham lies on couch be- tween life and death at the Sellers hos vous wreck as a result of the attempted murder and suicide at their quarters on South Noble street early this morning. It is doubtful if Higginbotham will re- cover.
 The couple have been living in estrange- ment for some time. He went to' Texas a few weeks ago, stating that he would never return. His reappearance Tues day, therefore, was rather surprising to his wife, who was trying to flee from him when she was shot.
 ..Prepare to Die"
 . The woman says that when her husband entered her room he blandly remarked ing her to make all her arrangements and prepare to die.'' Under pretense that she was dressing for the fate, she says, she prepared to flee from the room. when he fired upon her. The bullet glazed her cheek and she swooned. Higginbotham thought that he had accomplished his purpose, he says, and then turned the weapon on himself, firing three balls into his breast two of which entered his left lung.
 Officers had heard the two persons quarreling before the, shots were fired but when they attempted to enter the apartments by rear entrance they were chased away by bulldog. As soon as the revolver reports were heard they the frantic woman fleeing toward thep On seeing his wife he is said to have re, marked. I'm sorry I didn't kill her.
 The fact that both the man and the woman were not killed is attributed to ( defect in the revolver used by the assail ant. The weapon snapped when he frs aimed at his wife, and the effort required in the explosion later caused him to miss his aim at his own heart.
 Dr. Pearce VIII Fight
 pr. John E. Pearce, who is confined in the Calhoun county jail on a charge ol niurdering Shelton J. Kennedy and his son, Sergeant Kennedy, in a family feud iistS iiiotc CAtShSifC PicPdiu tioiiS to iiS III his case, stating that he acted in self defense in the killing of the elder Ken. nedy.
 The prisoner talked affably of the shoot ing when seen by a newspaper core spondent. 'The trouble between me and Kennedy has been brewing for severa years, as everyone familiar with the y1 to settle our disputes, but my efforts have been fruitless. Recently I secured a wri of injunction to keep Kennedy off some disputed land. I was at work there Sat urday when he approached. I started to- ward him to inform him of the injunc tion. when he cried at me across a fence
 If you touch that fence I'll kill you, and as I kept advancing he fired. His discharge struck fence, which prob- ably saved my life.s I then returned the fire, as he did, shooting at random He fell and we both regretted then that we had not kept the peace, but 1t was too late. Kennedy died soon afterward. l did not know that young Kennedy was dead until several moments later, when his body was found. think he was shot by his father.''
 Dr. Pearce says that Shelton Kennedy shot at him three weeks ago as he was returning from Anniston, six buckshot taking effect in the side of his horse.
 The dentist, together with Ada Ken redy, his alleged affinity; W. K. Ken nedy. her father, who sided with Pearce against his son. s. J. Kennedy; Cross Pearce, the son of the dentist, and others implicated are still in jail here, the date for the preliminary hearing having not been set.