The Birmingham age-herald., 1911-10-20
HUDSON'S FATE IS IN HANDS OF JURY Courts Charge Was Deliv-
 cred Last Night HUDSON ON STAND Maintains That He Shot Larry Smith to Save His Own Life.
 The Jury Retired at
 9:30 O'clock


 .- his testimony was that the shoot
 es done by him in defense of
 fife. He claimed that smith
 and abused him, and that he 7 i'd that if he would come down
 lie ground Smith would beat his G- d. face" The defendant stated , that he had no other business on the ground out of his car except to an-
 swer the taunt he alleges Smith gave. } When he reached the ground Smith struck him and then reached for his pistol. It was then that he pulled his
 pistol and fired upon Smith.
 Hudsons story stands absolutely alone. 5 No other witness heard the man who was shot use any abusive language to-
 ward him, and no other witness testifies that Smith drew a weapon, or even
 reached for one. The only witness to
 the whole affair, Russell, contradicJs the
 defendant on both points. Smith says that he is unable to remember anything that happened after he started toward the gates.
 The opening argument was made by Assistant Solicitor Winston. He was fol-
 lowed by B. M. Allen for the defend- !, ant and C. P. Beddow closed the argu-
 ment for the prosecution.
 The case was entered Into about 10
 o'clock yesterday morning, after some
 time had been occupied in calling the
 witnesses. and passing the other cases
 set for the day. The defense began the
 introduction of it's evidence as soon as
 the case was entered into.
 Motorman Fawkes Takes Stand
 The motorman on the Highland car on which Smith was riding on the evening of the shooting was the first
 witness called by the defense; his name is Hawkes.. Witness testified that he did not at that time know Larry
 Smith. Just before the shooting he
 heard loud talking on the back plat form, but he could not tell who was . doing the talking. He looked back and saw Smith strike the conductor and knock him against the car. Then the shooting occurred. He went to i Smith and found pistol and scabbard ll lying at Smiths feet between him. and the car Witness did not hear Smith curse and abuse the defendant. Shortly after the shooting Hudson said to wit- ness: Let's get on the car and go to town; I want to give up." He heard Hudson make no statement about the shooting except that he shot smith.
 Witness did not know how many shots were fired, but thought there were five or six.
 On cross examination the witness said that there was no switch for the conductor to throw at that point, nof any other duty for him to perform that
 called him off the car. When he saw Hudson he was on the ground just l outside the gates of the car, but com pletely off of the car. Smith got off and went six or eight feet from the car. Hudson also went six or eight l feet from the car. Witness saw no shooting except from the conductor } He did not know what became of Hud sons gun. He could not say exactly 7 how many people were on the rear platform when the shooting occurred 1 but there were only one or two. On redirect examination witness said that he could not tell how the l fight began or whether Smith or the l conductor struck the first blow. , Officers Taylor and Bagley were put on the stand by the defense to tell o1 conditions at the scene of the shoot ing when they arrived to take charge r of Hudson. It was desired to show by l them that the witness for the prosecu. l ton, Russell. had cursed the defend. t ant, and said that If we had charg. 2 of him we would tend to him" Wit n nesses both swore that Russell hat
 used abusive language toward the de
 fendant after he had been turned oyel t to the officers.
 : COe Was Passenger on Car V J. Y. Coe was called. He said tha | he was on the car of which Hudson : was conductor at the time of the af s fray. He was sitting on the fourtt @. or fifth seat from the rear of the car T After the car stopped he heard some
 thing like a lick. He looked around 0 but it was dark, and while he coul, . see two men he could not recogniz. = them or tell exactly what they were do - ing. He heard someone say, Just ge
 off of the car and I'll show you" Tn = words were not spoken in an angrl l. tone of voice. He did not see a pisto
 in Smiths hand.
 = On cross examination the witnes l. said that he could not tell whetha d Hudson or smith had said get off O t the car. The lick attracted his at I tention. It sounded like someone na, l. been hit with the fist. He just sa e indistinctly the forms of men and coul, g not recognize them. He thought fou
 or five shots were fired. They were fire' n from the direction of the car, and nom T. came from the direction of the mal r. farthest from the car He went {, ?. Smith and he was lying about 15 fec J to the rear of the car and near tn
 curbing.
 - LIT. E.. '. casey LOOK the stand. an, Is told of going to the scene of the shoot = ing. He was asked by Mir. Allen whethe
 he picked up a pistol by Smith am g turned 1t over to pr. Long. His repl It was that he did not, and that he d Il not see a pistol until they had reache
 the hospital pr. Casey was not eros
 examined.
 Character Witnesses
 Two character witnesses were intro e. duced at this point to tell of the goo ,l reputation of the defendant. One of ther h was J. E. Sims of East Lake. and tn
 other was E. II. Abbott who is an insur 'i ance agent in Birmingham Both orig Is inally lived in Lincoln county, Tennessee T. and 1t was of his reputation there tha To both testified They said that he bore re good reputation in his home community
 But the first witness had not known tn
 defendant. according to his statement IT, for the past five years. during which h sy has resided at East Lake. and the sec " ond had not been acquainted with hi se reputation here
 ta Following the character witnesses, N id B. Allen, land agent of the Tennessee K Coal. Iron and Railroad company, wh of was a passenger on the car in whic l1 Smith was riding the night of th