The Birmingham age-herald., 1912-09-12
CURRY'S ILLNESS
 DELAYS HEARING Martin Murder Trial Comes Up Again Saturday INTEREST IS INTENSE Cox's Brothers Attend Trial at Clan tOn-Believed Defense Will Rest
 Case After Examining Few
 Other Witnesses
INTEREST IS INTENSE

Clanton, September 11.-(Special J. When the Martin murder trial was taken up this morning Senator Curry was i'll and A C. Smith insisted upon an ad- journment till Saturday to give Mir Curry time to recover. This was opposed by the prosecution, but was afterward agreed to at the suggestion of Solicitor Tate, MT. Smith having agreed that whether Curry was well or not he would go on with the trial on that day. The court thereupon friends sticking closely to him. The prob is attracting much attention on account of the prominence of the two families concerned, four brothers of the deceased being in constant attendance upon the trial from a distance and the defendants friends sticking colsely to him. The prob ability is that after examination of two or three more witnesses for the defense the case will be closed and argument be- gun.
 After Ed Martin. defendant in the case, had testified on redirect examination, the court adjourned till 8 o'clock last night This was contrary to the protests of the requests of the defense who wished an duJOuI uHlli DlDfuHS. me court, However, insisted upon a night session, and it was so ordered.
 When the night session assembled many ladies were again in the audience expect
 ing to hear sensational testimony from the defendant but upon cross examina- ton he added nothing material further than to insist that he did not own pistol of any kind end that the one at the house was the property of Payton. He ir.- sisted that he told Sheriff Jones nothing more than he has stated upon the stand not even so much, for he had omitted telling the sheriff about his trip to the garden to pull corn for his pigs as he thought that of no material importance The pistol at his home, he insisted was the property of Payton and that he (Mar- tin) had purchased few cartridges for 1t 2 couple of weeks previous to the shoot ing of Cox.
 Dr. Hopkins was again recalled and testified as to the nature of the finger wound. He did not think the wound in- flicted cs that finger could have been done if the hand was holding a pistol or other weapon. He stated he saw nc pistol nor cartridges though they might have fallen from Cox's pockets in looseniIlg the trous- CTS.
 Sheriff Jones and Deputy Smitherman and Mrs. Cox, widow of the dead man, all teStlfled that COX did not own pistol such as vase sproduced in evil dence the pistol which Cox present. ed at Martin. Mrs. Cox stated that just before leaving for the farm to house his fodder, Cox changed his clothes and left his pistol, handcuffs, keys and some papers, together with S10 bill. He carried only his to- bacco, cigarette papers and matches.
 Deputy Smitherman further testified that he picked up the pistol near where Cox had been laying and that 1t was loaded and had no blood upon it. He said: "I had arrested Martin when he insisted that I look for CoX's pistol. found 1t laying some 15 or more feet from where Cox was. When l picked. up the pistol Cox had been removed to Clanton."
 MT. Tillery. one. of the defendants witnesses was next introduced and testified that on the next morning after the shooting he went to the place where Cox had been shot and picked up pistol cartridge. later giving it to A. c. Smith, attorney for the de- fense. This was produced and Tillery identified 1t by a niche he had cut in the ball. It was similar to those in- troduced previously in evidence and fit the pistol found near Cox.