The Birmingham age-herald., 1911-01-26
PEARCE TRIAL IS
 DRAWING BIC CROWD
Dr. Pearce Describes Shooting
 of Kennedys
SHOW BLOODY CLOTHES
pr. Pearce's Wife Sits Close Beside Husband nnd Is Pathetic Figure Three Defendants In Alleged
 Conspiracy Are Dismissed

Anniston, January 25.-(Special. 1.-The feature of the preliminary investigation into the Pearce-Kennedy feud case in the city court this morning was the release by the court of three of the defendants In the alleged conspiracy on the agree ment by the states attorneys, who con- cluded that they did not have evidence against the accused men sufficient to ius- tify their being held. The men released were Lee Bain, Tom Jackson and will Jenkins
 The state examined a large number of witnesses during the morning and shortly before noon the examination of witnesses by the defense was taken up. No evi- dence of great import it is believed, was brought out by the state
 Pearce Defends Himself
 Dr. John E. Pearce, the principal figure in the alleged conspiracy was the star witness on the stand for the defense He said that the immediate cause of the killing was the construction of a road which I used and over which my sawmll caravan was travelling on the morning Of the affray. When I and my teamsters reached the disputed point in the road we found Shelt Kennedy and his son there with guns in their hands Shelt Will Kennedy told him to shoot him if he wanted to shoot somebody. Shelt Kennedy replied that I was the man he wanted and he then levelled his gun. As he raised 1t the barrel struck wire fence and the discharge went wild. Sarge Kennedy then fired at me. His discharge also went wild, though, and I shot down the father. I did not know that the boy was dead until after the shooting was over, when his body was discovered in the woods"
 There was considerable sparring by the attorneys The dentist, however, seemed to be the most unconcerned man in the room. Never once during the trial has he shown the slightest uneasiness or fear. By his side sits his wife, attired in deep black, with her face shrouded behind long veil Ada Kennedy, the woman in the case, has also been in court through out the trial, it having been brought out in the testimony that she drove in the caravan with the Pearce faction on the day of the killing after having brought a number of guns and rifles to the Pearce camp that Saturday morning. Another interested spectator has been H. w. Pearce of Atlanta, brother of the chief defendant who holds a responsible posi- tion in the accounting department of the Postal Telegraph company's headquar- ters at Atlanta.
 No Abatement In Interest There has been no abatement of inter- est In the hearing thus far The city wagon yards are crowded with vehicles from the country. The courtroom has | continued to be packed since the case | first began. Many curious persons are standing in windows around the walls and crowding toward the railing. The courtroom has resembled the ap pearance of an arsenal at times, the Win chester rifles shotguns and pistols said to have been used in the shooting being or display at all hours. Solicitor Tunstall is also in possession of large number of shells and cartridges of various sizes, which he has used in the preliminary hearing and which have been turned over to Sheriff Brooks for use in the final hearing in the case.
 Bloody Clothes shown A large amount of bloody clothing said | to belong to the two dead men has also been shown in the trial as evidence to prove how and where the defendants were shot. The garments are riddled with bullet holes and the state will depend on this bit of silent evidence as a strong point.
 Pearce Cross Examined The case still drags on, adjournment having been taken again this afternoon until Thursday morning. Dr. Pearce was again put on the stand when the court reconvened this afternoon. He was sub jected to a grilling examination by the state, but he managed to repeat his story in substantially the same manner he had told it for the defense.
 The state evidently gained strong point in the examination of Tim Jackson, one of the men released this morning. He was placed on the stand by the de- fense, but his testimony was really in behalf of the state He undertook to tell the whole story of the killing and on cross-examination by the solicitor he admitted several times that he had lied, his embarrassment creating a ripple of laughter in the courtroom.
 The attorneys are contesting every inch of ground and there was much sparring among them this afternoon. Court will convene tomorrow morning at o'clock.