The Birmingham age-herald., 1911-10-04
WILLIAM MAJORS TAKES STAND IN HIS OWN BEHALF. Train Wrecking Case Will Go To the Jury By
 Tonight DEPENDANT INSISTS
 ON HIS INNOCENCE Denies He Wrote Letter To Brooks, Introduced Himself As Arthur Howard or Confessed To
 Witness Crane

IS accused of train wrecking. closed with all of the evidence in the case before the jury except possibly that Of one witness for the defense. Attorney Ross an- nounced just after the completion of the direct examination of Majors. who tes- tifed in his own behalf yesterday, that a witness had been summoned from Gull man, but that she had missed a train there, and was unable to get to the city before yesterdays session closed, and asked for the privilege of putting her on the stand should she arrive before the argument of the case commences The request was granted.
 Majors himself was on the stand yes terday to tell his version of the Cunning ham wreck and made an excellent wit ness. He was subjected to rigid cross examination by Attorney Hugh Morrow but. calm and collected, he answered in a straightforward manner all of the ques- tions fired at him by the prosecutions attorney.
 The accused man expresses himself as reasonably confident that a verdict of ac- ouittal will be returned in short time by the jury.
 He said: "I believe l will be turned loose; I am innocent, and if I get justice know I will be acquitted There is no way to tell, of course. and it may not be that way. If they do not release me, there will be hung jury"
 When coprt opened yesterday morning, Ed Irving, the negro brakeman on the wrecked freight train, was still on the stand. He was questioned at length by MT. Morrow.
 Irving said he did not go down to the south switch on the night of the wreck; that he was so badly injured that he stayed in the hospital several weeks. When he became conscious he was in the hospital.
 Witness said that in his best judgment Majors was in the gangway of the en- zine when No. blew for Newcastle. When asked as to his testimony at che former trial, witness said that he might have said he did not know for certainty where Majors was at the time.
 After the testimony of Irving had been completed, the defense introduced the records of the preliminary hearing of Will Teague in Judge Benners court on a charge of ''wantonly and mallciously throwing a railroad engine from rail- road track" The defense attempted to show b ythe records that the prosecution of Will Teague had not been closed. The state objected, and the objection was sus- tained. They were also introduced to show by the records that the prosecution
 ai1t h. lection was sustained again. H. J. king' clerk of the second division of the court of common plaas, was on the stand to testify in regard to the records.
 Majors Takes Stand
 William Nabors took the stand alter conference with his lawyers. lie saiu that he was a4 years old last March, that he was the defendant in the case, that no had worked for the Louisville and Nash- vile railroad five years as hfeman anu nearly three years in the shops a' De catur, ana that he was discharged py 'ne company while in it's employ
 "I did not open the switch at Cuhh'hs- ham and turn No. passenger train into tbe siding to collide with freight train No. IL Harry Wilson and William Young.' said Majors. q have always denied the charge. I was the fireman on the freight train"
 The defendant told who, were the mem- here If tho crew of the freight, what time tne train reached the siding, and or Ed I.yings opening the switch Tor the tram to go into the siding He said thai ne yv,s on The engine when the train went into the side track.
 Nahors said the freight train reached th. north switch at two or three minutes to 9 o'clock. He was not positive that No Il stopped before entering the sioine or moved slowly in. He testified that ne was in the engine when Ed Irving opened the switch, and was in the engine when the train came to a standstill.
 What did Harrison do?
 "He got off the engine and went around th. engine I think he had monkey wrench or a hammer in his hand
 DO you recall when Ed Irving came into the engne?'
 q do.
 What did he do?'
 "He got a scoop and began getting down coal for me h.
 "Did you finish your lunch?'
 "Yes."
 Did you or not stay on the engine all the time the train was at a standstill?'
 Got Off Engine
 Witness seid he got off the engine for two or three minutes: he heard No blow and started back to the engine He vi as not more than 15 feet away from the engine.
 What did you do if anything when you saw No. 4? Where did you see it f1rst?"
 ..I first saw the train when it was right on our engine. ] had looked up the main line to see whether the signal was right. When the trains collided ] went to look for Harrison and found Ed Irving under tho coal l thought it was Harrison and began to dig him out ] did more work than anybody else in getting him out.
 Witness said he did not at the time lnow that Dave Watts was on the passenger train: that he knew htlu well and their relations were friend ly. that he then considered Harrison his best friend, and their relations were pleasant. went to the south switch while the train was in the siding?'
 q did not would not have had time to go half way there."
 Did you go in that direction, or in front of the engine?"
 "I did not
 Nabors told of having personal ef- fleets on the engine. his clothes box and watch, and the watch was shown with evidence of injury in the wreck.
 What day were you arrested, Mir. Nabors?"
 "The 24th of August. 1910"
 Who made the arrest:" t1
 Well. there were about Is there. B. Higdon and Kennybrook, deputies,