The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-10-28
Powell Found Not
Guilty of Act Charged
fcor+3pued From First Page)

CONTINUED from flrSt 1aSej
that the note from the car account
ant of the Louisville and Nashville
stated that the Louisville and Nash
Vile had their reports for the Z3rd
of September, yet the reports return
ed were part of the reports of and
should have gone to the Louisville
and Nashville for the 23rd of Sep
TENDER.
Powell had believed for some time
that someone was interfering with
his reports for the purpose of trying
to get him into trouble with the au-
thorities. Powell came under diff
ferent department of the Atlantic
Coast Line Railroad Company to that
of Radcliffe, and while Powell was
under the direction of Radcliffe as
joint agent for the four companies
entering River Junction. yet Radcliffe
could not discharge Powell. He was
under the trainmaster. Powell had
a desk in the large office in the sta
ton building for doing his work and
1T was at the Powell desk that Rad
cliff was killed. This was in the
northwest corner of the building,
while Radcliff's office was in the
southeast corner of the building,
there being large general office
between the office occupied by Rad
cliff and the office occupied by
Powell
The only testimony the defense put
on was the statement of the defend
ant. The states witness, A. A. Dor
mer, swore that ten to fifteen min
utess before the shooting, that Rad
cliff and Dormer were up in Pow
ellis office; that Dormer left Radcliffe
up there and came downstairs. Other
witnesses or the state swore that Rad
cliff usually went home before this
time Of the day and very seldom went
into the upstairs part of the building
at this time. Still other state wit
nesses swore that the knife which |
was found by Radcliff's hand was q |
knife that had been on Powell's desk |
for practically year; that the whole |
office force used it for sharpening !
pencils and for any other purpose |
they desired; that it was not PowelPs |
individual pocketknife; that it lay on |
the desk open at all times for the use |
OF anyone in the office.
The Defendants Statement
The defendant stated that on the |
evening on which the killing occurred |!
that Mr.. Radcliffe ask him If he |
had gotten off the delayed reports to |
the A. & N. railroad. He stated to |
Radcliffe that he had not done so be-
cause he had to get them straight |
and had been SO busy on the yard |
that he had not had time to do so;
that Radcliffe said with an oath that |
he wanted them to go. This was |
borne out by one of the states wit |
At the time of this conversation |
At the thine of this conversation |
the defendant and Radcliffe were
by the baggage room door. |
Then as he turned to go out on the |
yard to give some switching orders |
to the switchman, that Mr.. Radclifl
turned and went into the baggage |
room. AS it was past the usual time |
for Radcliffe to go home, he paid no
more attention to his whereabouts. |
he went to his office to make up his |
reports which had to go
TO the train dispatcher at Dothan
every evening at 6 o'clock.
He did not know where Radcliffe
was at the time. He went upstairs
% the door of the office in which his
lesk was, to make out his reports. and
upon entering the room
he saw Radcliffe standing by his POW
,lPs) desk; that Radcliffe asked for
he reports; that Immediately Rad
lift picked the knife up which was
wing on the desk and with vile oath
,ald he would kill him, and at the
'ame time started on him; that he
drew his pistol and be-
IAN to shoot. He shot as fast as he
ouId pull the trigger, he said; that
lie did not know how any times he
hot or how many times he hit Rad
lift; that it was done as rapidly as
he pistol would shoot.
Afterwards Mr.. McPhaul came into
he room, and he turned to his desk
nd got some cartridges out of his
esk and loaded his gun. He did this
ecause he said he was afraid he
,ould be further attacked. He inn
nediately went with McPhaul to the
equity sheriff and surrendered him.
elf and his gun. He regretted that
became necessary for him to kill
Is assailant, but he either had to do
his or be killed. as it appeared to
i'm at the time; that if he had known
hat Radcliffe was in the office and
ad even thought that there would
ave been trouble, he would not have
one there.
The states witnesses all swore that
he pistol shots were rapidly fired,
rom the sounds and that the knife
'as lying by Radcliff's right hand
hen they reached the scene
McPaul said he was not more than
minute getting into the room.
The state had a man by the name