The Birmingham age-herald., 1911-10-20

stantialy the same as that of Coe. He was attracted by the sound of blow. He could see the conductor while he was shooting. but could not see Smith, nor tell what he was doing Like coe. he saw no pistol belonging to smith, and heard no abusive language from Smith to the conductor.
 A new point which had not come out In tho testimony of the other witnesses was eveloped during the examination of Mir. Allen. He related that Mir. Russell the witness for the state, and the only man except Smith and Hudson present during the whole occurrence. said to the conductor while he was guarding him before the arrival of the officers: You didn't give him any show at all" Wit ness heard no cursing of the defendant by Russell. either before or after the arrival of the officers.
 Dr. Sibley on Stand
 After recess had been taken for dinner, Dr. R. D. Sibley was put on the stand. He told of the pistol being picked up near Smith, and handed to him. Thomas o, James. the man who picked up the pistol, was the next witness. and he told of where he found 1t. James said that he was sitting in the car. He did not see the shooting, but it attracted his attention, and he went 10 where SIlltu WAS lNlHS. lie IouHu pis- tol by Smiths right side. He could not say that it was near Smiths hand, for he did not remember the position of the hand. Pressed by Mr. Allen to say whether or not the pistol was near the wounded mans hand, witness reiterated that he did not know.
 Hudson Testifies
 Hudson followed James on the stand. He said that he was 23 years old and had been in the employ of the Birming- ham Railway, Light and Power company for about year. He did not know Larry Smith, and had never had diff ficulty with him.
 Witness told of Smiths ringing the bell to stop the car, but said that he did so after the car had passed his station. Hudson rang the motorman down, but Smith soon after pulled the bellcord him self. Witness then went to the rear platform, and said that in a gentlemanly manner he reproaehed Smith. Witness stated that Smith replied by cursing him violently, and applying vile epithets to him. When the car stopped, Smith ln- vited him down on the ground, and he went down. Smith struck him. and reached to his right hip pocket for his pistol. Witness then drew his own weapon and opened fire. Witness could not say positively whether Smith had been drinking, but said that he seemed in a bad humor.
 Hudson told of the conversation be- tween himself and Russell. Russell said, You've killed him., and replied, I guess did I shot five times "
 On cross examination the witness evsded the question as to whether or not he had seen pistol in Smiths hands. The only answer he made was I saw him bringing something out of his pocket He said that Smith had his hands on his arm when witness was standing on the platform, and that Smith pulled him off of the car.
 You went down willingly, didn't you?' ask MT. Beddow.
 No. sir. it was not my will to go, replied the witness, hesitatngly.
 How came you to go them
 CT went down on account of the words he used"
 Hudson said that he did not know in what position Smith was with reference to himself after the first shot, because the smoke blinded him. He could not say whether Smith ran or not, on ac- count of the smoke.
 Did you have any other business in going down except fin response to Larry Smiths invitation?' aswed Mir Beddow
 NO, sir; l had no other cause to 80 down." was the reply.
 The witnesses were put on the stand by the defense in an effort to show that Larry Smith was a man of unfavorable reputation as to peace and quietude. They were J. F. Rockett of Fairview, and c. IT. Baumgardner, lawyer of Bessemer. Beth were permitted to tell that they knew Smith, but the objections of the etate to their answering questions as to what his reputation along these lines was, were sustained by Judge Cahalan. and rot a single fact in connection with Larry Smiths character was allowed to be brought out.
 Two or three witnesses were put on to testify as to & knot or mark on the side of Hudson's head on the morning after the shooting. as a result of the blow oy Smith. They stated that such a marx vas on the side of Hudsons head.
 When these witnesses had been exam ined, the defense announced that they would rest their case. A recess was talk on, and after court convened following the recess, the argument was begun.