St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1917-07-21

INTO the side entrance. Did not lta
MIN use loud words or curse. Il.A
ne went around the kitchen tow..r,
the street. Towards IEzelps house
That Birch was walking rap oily
Heard no hollering. Examined b;
Mr.. Ponder-That he heard the re
port of the gun. Saw Ezell come cut
of back gate with pistol in his han.
Immediately after report of gun.
Ezell's wife was behind him.
Fannie Elsie testified that she
worked at the Birch home. Was at
the house when Birch came home
and into the dining room. Had on
light pants but no coat. Birch went
right over to Ezell's. Had nothing.
Didn't look like he was mad.
Testimony of Batiste Galouye was
taken to show that Birch always
walked fast, as if in a hurry.
The defendant, James Ezell, was
placed on the stand, but he spoke so
low that neither judge, jury nor at
tOrneys could hear him. 1t was very
difficult to get his testimony. He
was frequently urged by the court
and by his attorneys to speak louder.
He said he had gone out of business
since he had been in Jail. That
Birch was his stepfather. (Objec-
ton was here made to any testimony
as to previous quarrel with Birch
and jury was withdrawn. 1t was
then stated by defendants attorneys
that they wished to show that e ellis
life had been threatened by Birch.
Question was finally withdrawn and
jury recalled.)
Ezell said killing occurred June 6.
Was home with his wife and mother.
Saw Birch between $3.50 and in
the morning. Saw him running.
Saw him come out of back door
toward his (Ezells) house with gun.
Mother ran out and grabbed him.
That Birch said, LET me go, l want
to kill that damned little son-of-a-
gun" That his mother held him
away, but he kept on advancing to-
wards house. Got on steps but his
mother shut the door. That Birch
jumped into door, when he struck
Ezell's mother and said damn you,
you are going to get killed YETI
Mrs. Birch testified that she came
to Covington in 1908. Was married
to Birch. Had known him Il years
5 years before she married him.
Boarded with her. Jim lived with
them three or four years. Birch
had assisted him. Never did go on
Ezells notes. Saw Birch morning
he was killed. Had gone to Ezell'.,
IN
ming down stairway. Ran around
house and met him 20 feet away.
Birch said that scamp or scoundrel
had him arrested. That he would
kill Ezell. Birch was white and en-
ragged. She struggled with him t.
the door. Screamed, but no one
came. l said, don't go near the
house. He said '1'm going to kill
the little s. D." Birch had
no gun. Said breakfast was eatel
on day of killing at quarter pasi
six. That she had gone to Jim's tc
get milk because her cows were dis
eased. 1t was about or 9 o'clock
Jim had finished breakfast.
Mrs. Ezell testified that she was
the wife of James Eel. Had been
married months. Was nome or
June 6 when Mr. Birch was killed
Saw him go to his house and turn
and come back. Mr.. Birch SAL
James had had him arrested and h.
was going to kill the little scoundre
Mrs. Birch wrestled with him, d,
he jerked the blinds open and stru
Mrs. Birch and came up the
into the door. That her hts;
backed into the door Of sec;
room, but that Birch ccnt;nraG
come forward, and was put iEs
hand behind him. THAI wien i
husband fired Birch fell back tn,
the door.
1t was testified that the gun Won.
not shoot again or became chokef
and that Ezell got a revolver froI
a drawer and went to the door Il
see il Birch had been killed.
DR.. Gautreaux testified that the
bullet that killed Birch ranged
slightly downward. Coroner Bull
loch and Marvin Poole, embalmer,
testified also that the bullet ranged
slightly downward.
Judge Pechon testified that Ezell
had come to him to have Birch put
under peace bond 80 or 40 minutes
before the killing took place.
The state objected. This testi-
mony was excluded from the jury.
Esell asked what 4 was best Cor him
. Do. Didn't Uant him pvt a It'll