St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1917-07-21
THE EZELL MUIR
DER CASE.
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Jennie Doyle was then placed on
the stand. She was the witness that
was found after the coroner's inquest
and who appeared before the grand
jury. Her testimony was sensation
al, both by reason of the evidence
she gave, her intelligence and her
remarkable GOODNESS and exactness
under cross fire. Her testimony
could not be shaken at any point,
and she showed no hesitancy when
cautioned by Mr.. Morgan that her
testimony would be lmpeached.
Questioned by Mr.. Ponder, she tes-
titled that she was in her bedroom
about one block from Ezell's house.
That from the window of her room
on the gallery she had an open view
OF the doorway at the side entrance
to Ezells. First saw Mr.. Birch in
the alley. He was in shirt sleeves
and had on light pants. He and his
wife were in this street or alley.
Noticed them because she heard loud
words by both. Mr.. Birch was do
ing nothing when he was shot. He
was out on the ground. Shot was
fred as Mrs. Birch was flung from
him. He was shot from the door.
Was standing at side of steps out on
the ground Mrs. Birch stood on
the steps screaming. EZell had pis-
tol when he came from the house.
Cross examined by Mr.. Morgan,
stated she saw Ezell fire. Thought
1t was pistol. Mr.. and Mrs. Birch
were fussing at the steps. Had a
clear view OF steps. Mr.. Morgan
warned her that he expected to prove
by her mother that she had told a
different story June II. She said
she had not told her mother differ
emily. That she did not believe her
mother would lie, but that she might
have misunderstood her or might
not have remembered correctly. She
chung positively to her statement.
Counsel for defense maintained
that 1T was impossible to see any
one standing in the door of the Ezell
house from the window Of Jennie
Doyle's bedroom. In order that this
question might be settled court adj
burned to Thursday morning, when
the jury was taken to the scene of
the killing.
Thursday morning Judge Carter
and members of the bar attended
the funeral of Walter A. White, at
the Methodist church on the arrival
Of the $40 train, and Court did not
60 into session until afterward. 1t
was nearly l O'Clock when the jury
and the defendant reached the scene
of the killing. Sheriff Brewster was
placed in the doorway OF the Eel
home in the position in which it
was supposed the defendant stood
when he fired the shot, according to
the testimony Of Jennie Doyle. Each
member of the jury was stationed
in the position occupied by Jennie
Doyle when she saw the shot fired.
This window is almost on direct
line with the side of the Ezell house
on which the door opens, hence if
any one stands so that the body does
not protrude from the door he can
not be seen, but IL the body is ex-
posed outside of the door in a lean
ing posture, Notwithstanding the
trees there is a clear vision from the
window of Jennie Doyle's room, but
only in one particular position.
The jury was shown where the
body fell by the steps and where the
blood stain was, and Judge Burns
sood at that spot while the jury
tested their ability to see him from
the house. As no one was allowed
to talk with the jurymen, it is not
known what conclusion they came
to in the matter. But others on the
grounds made the experiment with
varing success, depending upon the
position secured at the window and
upon what position was taken in the
doorway. ANY one standing on the
top step could be clearly seen.
Granville Moore testified that he
had known Birch eight years. That
he lived about an acre and a half
from the Ezeu house. That he saw
Birch three or four minutes before
he was killed. Saw him come out
OF his house before. he was killed.
He had nothing in his hand.
Cross examined by Mr.. Morgan,
rid Dc saw Birch 60 directly from
I