The Birmingham age-herald., 1913-04-19
POLICEMAN PIERCE:
IS IN COUNTY JAIL
Coroner Swears Out War
rant Charging Murder
INQUEST ON MONDAY
Spain Announces That Witnesses viii
Go Directly From His Office to
Grand Jury, Which Is
in Session

Coroner c. l. Spain swore out war
rant for murder against Policeman T. J..
pierce yesterday morning before Judge l.
H. Benners and Deputy sheriffs Harts-
field and McDun removed Pierce from
police headquarters where he had been
detained since Thursday night and lodged
him in the county jail where he is now
held without bond.
The inonest over the killing of Ernest
Whitaker and the wounding of his wife
Lena, negroes, in the rear of their home
sls North Twenty-fifth street, at 1880
o'clock Thursday night, was postponed
by Coroner Spain yesterday afternoon to
Monday morning at $50 o'clock in his
office at the courthouse. Coroner Spain
said:
owing to pressure of business and the
fact that all the material witnesses had
not been summoned l decided to post
pone the inquest into the killing of the
negro Whitaker and the wounding of his
wife Lena by Policeman 7. J. Pierce un-
I'll Monday morning at $3.50 o'clock in my
office.
LAS the case against Policeman Pierce
has assumed a grave aspect ! secured
a warrant charging him with murder and
he will be held in the county Jail with
out bond until this case is thoroughly
Investigated. On Monday morning the
moment 1 am through with the witnesses
they will be taken across the corridor
from my office to the grand jury room to
testify before the present grand jury"
noou~roJ
According to the police version of the
affair Policeman T. J. Pierce, in citizens
clothes and off duty in company with FL.
MI. Dougherty, an ex-policeman, were
passing through Third alley between
Twenty-fifth and Twenty-sixth streets
and accosted the negro Whitaker who
was standing in the rear of his home
Some words followed and scuffle en-
sued between Pierce and the negro in
which Pierce drew his revolver and fired
one shot which went wild, following which
the negro forcibly took the gun away
from the excited police officer and gave
II to another negro, Henry Kelly, who
took it inside the negro's house. The
shot had attracted attention and Police
man Propst at the Terminal station, two
blocks away, was notified.
When Officer Propst arrived he recog-
nized Pierce as an officer and queried
him as to the cause of the trouble Pierce
stated to Propst that the negro Whitaker
had taken his revolver away from him
whereupon Propst searched the negro
hut could find no gun on him. The ne
gro Whitaker said that the gun was ir
the house and called the other negro
Kelly, to bring it out which he promptly
did and handed ii over to Officer Props1
who in turn gave 1t to Policeman Pierce
Partly Turned Round
After giving the gun to Pierce, Officer
Propst stated that he partly turned hi'
back and then the shooting started Be
fore he could interfere the negro Whitaker
was dead and his wife Lena who hat
been standing by had been wounded by a
stray bullet. Pierce emptied the pisto
and then walked to police headquarters
with Sheriff w. C. Palmer Of Tuscaloosa
county, who was in the crowd that gath
hred after the shooting.
At police headquarters Pierce stated
ahat a negro had tried to hit him with
Z bottle and also tried to take his CUR
away from him and that he had killed
7'8 n Fer6e-' himself An investiga,
tisa rvsa i1r1. lately instituted and two
Ns85a f.tsf ensaf Bodeker suspended and
lercs on the charge of murder