The Birmingham age-herald., 1912-09-11
CLAYTON STIRRED
 BY MARTIN TRIAL Charged With Killing Depu-
 ty Cox August 30
NIGHT SESSION HELD
Families Involved Are Well Known in County and Thirty-Nine Witnesses Have Been Summoned for
 the Preliminary Hearing

Clanton, September 10.-(Special.)-C ton has been stirred from center to cir conference today by the preliminary trial of Ed Martin, charged with the killing of Deputy Sheriff Cox on August 30, at the farm owned by Cox's wife and cul- tivated by Martin.
 Forty or more witnesses were in at tendance upon the court representiss the two sides. When Mrs. Cox entered the court room this morning dressed in deep mourning a scene was enacted by her continual weeping. A few minutes later when the defendant was brought into court handcuffed, Mrs. Cox again gave way to her grief and had to be taken out of court.
 The court room was densely crowded many ladies being in attendance. The case was called before Justice J. L. Will son, before whom the first warrant was sworn by the sheriff. Martin is repre- scented by Senator Curry and A. c. Smith, the state by Solicitor Tate, Tipton Null lins, Middleton & Reynolds, and County Solicitor Latham.
 The defendant was seated near his brother and sister, who wept as he en- tered the court room and embraced her When the court asked the state to pro- ceed Solicitor Tate moved that the case be dismissed. Lengthy argument ensued between counsel the defense strenuously obiecting The state contested every point citing many cases and contendlng that as the state had instituted proceed ings it had right to end it. Court an- nounced that it would hear the case.
 It here developed that the warrant sworn out by the sheriff charged man slaughter only, whereas the state wanted murder in the first degree, contending that at any time the defendant could have secured bail under the warrant,
 When the court announced that 1t would hear the case MT. Mullins asked for time in which to sue out mandamus proceed ings to prohibit Justice Wilson from hear ing the case. No judge was here Of con- petent authority before whom a manda- nus could be sued add when court or dered recess till 1:30 o'clock, Montgomery was the nearest place to secure the man damus.
 Deason Trial Judge
 Upon reasSembiinr an agreement be- tween attorneys was slrrved al by which the warrant sworn Def, re N ilson was withdrawn, and ! warrant swora before Probate Judge lfcason sufstitated and DcasoI was substituted for W.'sf4n as the t.ial judge.
 Eighteen witnesses were summoned for
  were examined by the state whereupon 1t rested. Of these two Payton was the only eye witness and pr. F. l. Hopkins the attending physician. Payton, accord ing to his testimony saw no gun on Cox or near him till after he had gone a quarter of a mile for assistance. Then the defendant called attention to gun near the wounded man. Martin, his wife and children, were the only ones at the house after the killing till assistance came.
 Payton was also summoned by the de- .fendant. but was not interrogated at length after the state finished.
 Hopkins testimony was along expert fires except that he saw no pistol or other weapon near Cox till attention was called to it though he had been about him some time.
 P T. Hnkle, state witness not called, was called for defense, and his testimony was in line with that of Payton.
 He saw no pistol till attention was called to it near Cox's body. He identi- fled a pistol as the one found near him and cartridges as similar to the ones taken from Cox when moving him into the shade after being shot.
 Robert Popwell for the defendant re- peated threats he had heard Cox make weeks before the shooting.
 w. A. Candler for the defendant .prac- tically repeated Popwelfs testimony, say ing he knew ill feeling existed between them. He had never heard Martin make any threats against Cox.
 Defendant Testifies
 Defendants testimony was that he started to his brothers, three-quarters of a mile away, picked up his hat and gun and remembered he had not fed his pig He went to the garden and setting his gun down, pulled corn for the pig, came out, picked up the gun and saw Cox Cox told him not to come out withst the gun. He said he meant harm. Cox said: T am going to put my fodder in this barn" The two were farming on halves Martin told Cox he should not do that, as he had previously put stuff fin the barn and accused him of steal ing it.
 Cox said, "I'll kill you" and put his hand toward his hip pocket, standing that way while conversation ensued.
 When he brought his hand around Mar tin fired and returned to the house with out looking back. The gun used was a single barrelled shotgun. He did not know when Cox would fire upon him. was the reason he left without looking back He did not aim at any particular spot about Cox. Had heard he shot him in the face, but did not see him fall. He saw his pistol. He had had previous con troversies. He kept his wagon and horse in the barn, not by agreement but by permission. He knew he had taken the wagon away in the morning, but did not know he would return with it He had no idea of killing him till he brought his pistol out.
 Several legal tits occurred between at torneys as to admissibility of testimony
 The families are qnte prominent here and the case Is attracting much atten- tiOn.
 The night session continued late and it appeared that the better part of the night would be consumed by the hearing.