The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-23
Defendant on Stand Says
Nix Cut Him With Knife
Before He Fired
THE SON OF MRS. NIX
CARBOHYDRATES THIS
Final Witnesses in Rebuttal on Stand
Yesterday Evening-Attorneys
Notified to Be Prompt
This Morning

The trial of Henry Cole, charged with
the murder of Albert Nix at Blue Creek
some years ago. is drawing to a close,
both the state and the defense having
closed the direct testimony. and with
the examination of two more witnesses
for the state in rebuttal the argument
will be commenced this morning.
The theory of the defense is that Cole
shot Nix in self defense and that the
deceased had cut him on the arm with
a knife before he fired the fatal shots.
Several witnesses testified TO the fact
that Cole was cut on the arm, but the
knife with which the cutting was said
TO have been done was never found.
Cole testified that he went to the house
of the deceased to arrest Mrs. Nix on
warrant charging her with abduction
and that he stated his errand and gave
Mrs. Nix plenty of time to prepare to
go with him; that he waited about three
quarters of an hour until nearly train
time for her and on going to the house
second time he was attacked by Albert
Nix, who had an open knife In his hand.
He stated that he endeavored TO retreat
and that after firing the second shot
he fell off the porch He denied having
made any attempt to handcuff Mrs. Nix
and stated that his handouts fell TO the
floor when he drew his pistol to defend
himself from the attack of Nix. He gave
his testimony without any hesitation and
was not the least disturbed by the cross
examination of the attorneys for the
state.
At the opening of the court yesterday
morning Mrs Short was cross-examned
by Mr. Allen for the defense and the
state closed.
Witness for Defense
The first witness for the defense was
Lee Sharp, an eye witness of the kill
ing. and one of the children that Mrs.
Nix was charged with abductng. He
swore that Nix was advancing on Cole
with an open knife when the fatal shot
was fired and that Cole was retreating
at the time. He said that the deceased
was endeavoring to prevent the arrest
of Mrs Nix when the difficulty occurred.
The young man was subjected to a Wig
orous REORGANIZATION by Solicitor Hef-
lin. but was not shaken in his testi-
mony.
| Walter Sharp, former husband of Mrs
Nix. testified TO going with Cole to the
house the first time. but that he was not
present at the killing
Mrs. Fannie Mize, who lived near the
scene of the killing. testified TO the cut
on Coles arm and that she had applied a
dressing to IT, She also stated that she
saw Cole fall from the porch about the
time the second shot was fired.
Could Not Find Papers
Earnest Mathews went on the stand TO
testify that he had searched the records
of the clerk of the city court for the pa
pers in the habeas corpus proceedings
that were had before Judge Sem, but that
they could not be found Some of the
stenographic report of that hearing was
introduced as evidence.
d. ]. Ward testified to Coles being cut
on the arm and showings were made by
Dr. A. w. Trigg. j. T. McCullep and J.
NJ. Smith, absent witnesses. Henry Cole
was placed on the stand and testified as
above. with the examination of Jack
Stallings in reference to the authenticity
OF the stenographie report of the habees
corpus hearing the defense closed its
case.
Dr. S. r. Nash was placed on the stand
in rebuttal. He testified that Nix in a
dying statement told him that he had not
used knife on Cole The testimony OF
DR.. Nash was strenuousy objected TO by
Mr. Allen for the defense, who insisted
that the evidence was not in rebuttal.
Mr.. Byers, superintendent Of the mines
at Blue Creek, testified to some of the
details leading up 10 the attempted arrest
and stated that Cole said there was no
bond for Mrs. Nix. Judge Fort adj
journed court and notified the attorneys
TO be promptly on time this morning,
that no delay might be had in finishing
the case.