The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-10-09
~ Don't Merely Believe,
Know WeICh Shot
Him."
WAS DELIBERATE CLAIM
Testimony of Witness Tate Is
Bitterly Fought by Law
Yers of Defense.

yers of Defense.
The state scored heavily during the
morning session Of the first days
trial Of Sam o. Weich, United States
commissioner at Athens, on trial in
the criminal court Thursday morning
charged with the murder of Will
Massengale, shot one Sunday after
noon in September, 1917, while the
street car strike was in progress.
p. c. Luttrell and H. d. Mooney,
two of the witnesses called during the
morning. swore that Massengale was
shot and killed by Welch while the
former had his back turned. A pic
ture of the body of Massengale show
ing that h was shot In the back was
produced at the hearing.
Dave Tate. the first witness, de-
clared he saw Welch with gun
pointed at Massengale; that he then
turned his back and some one fired.
He stated that while he did not ac-
tually see Welch shoot at Massengale,
he was positive that 1t was Welch's
shot which ended Massengale's life.
Knew Welch Shot Him.
Luttrell. asked by Judge J. ].
Lynch. of counsel for the defense, if
it was his belief that Welch shot
Massengale, replied: mo, sir; it is
not merely my belief.
u know he shot MassengaIe, for |
was standing within six feet of Mas
sengaie, and he was shot when he
turned to walk away from the street
car on which WeIch was riding
When asked how he remembered
that 1t was Welch and how he could
TnaifiValV tdafatifxf is,. he xx,sk.
Replied: TYis sdeiiberatiton ratio II ana cold. cold.
bloodedness with which the defend
ant shot Massengale has made
Welch's face an indellible impression
upon my mind"
The witness said that when the
car rolled up on which Welch and
others, armed with guns and pistols,
were eriding, Welch coolly and delib-
erately arose, pointed his gun to-
wards Massengale and fired.
Mooney testified that three or four
of the shots from the charge which
struck Massengale struck him in the
arm. Both Mooney and Luttrell
stated they were members of no
union, didn't know Massengale or
WEIGH, had no interest in the strike,
and merely happened to be standing
on the street corner at Eighth and
Market, where the trouble occurred.
An able array of counsel have been
ing represented by Atty.-Geh. George
w. Chamlee. assistant attorney-gen-
eral w. +. McGaughy. viii Chamiee.
w. 7. Murray, A. l.. Emerson and w.
A. Schoolfeld, and the defendent by
Hon Glenn Jones. Hon. e. H. Roberts.
Brown ana E. II. Williams.
During the morning many clashes
took place between counsel, and one
in which personalities were used oc-
CURED between Judge Lynch and Mr..
Murray. Every point is being con-
tested by both sides. The trial viii
bein progress two days or more, as al
most 100 witnesses have been SUM
moned.
Jury Selected.
Alarge part of the morning was
taken up by the selection of Jurors.
The court was informed that counsel
on both sides had agreed that on ac-
count of the nature of the case that
neither members of labor organizations
or members of the Manufacturers as
sociation would be accepted for jury
service.
The defense scored point when
Judge McReynolds held that owing to
the fact that the Bowers act abolish
ing capital punishment was in effect at
the time Of the killing that the state
only ndu IOuT CndlIenEeS ana the ue-
fense eight. AS the result of the
agreement by counsel in regard to
labor and manufacturers the jury when
selected was composed of nine farmers
of Hamilton county. The jury is:
Robert Graham, clerk; s. NJ. Hall.
Hickman, farmer; A. ]. Kell. farmer;
M. c. Hickman, farmer; J. d. Brown.
farmer A.; L. Coleman, farmer; A. L.
Fryer, farmer; ]. r. Johnson, book
keeper e. l.. BarBker farmer. and NJ.
p. Brown, farmer.
viii MasenEale was shot and killed
during the street car strike in 1917. A
Labor day parade had just passed along
Market: two street cars which came |
along the street were attacked by a
crowd; car windows and doors were
knocked out. A hurried call for an
other car was then sent to the barns; |
the second car came out with Welch |
and ten or twelve others on it. 1t |
proceeded unmolested until the corner |
Of Eighth and Market streets was
reached; 1t was there that Massen-
gale was shot and killed.
While the defense has not as yet
rendered its theory. 1t was intlmated |
during the morning session no denial
If the fact that Welch was on the car
ense would attempt to prove that II
le did fire the shots he did so in de-
iense of his own life, because the
,rowd had attacked the street car.
Welch was arrested and indicted for
he murder of Massengale, but owing
o feeling aroused the trial has been
continued several times.
Tate Tells OF Killing.
Dave Tate was the first witness
allied and he testified that he was at
he corner of Eighth ana Market
streets on the day the killing occurred.
He said that the car on which Welch
md others were riding came up, the
,rowd gathered about 1t. he saw
WEIGH point his gun out the window.
1e and Massengale turned their backs
10 the car. a shot was fired and Mas
sengale fell mortally wounded.
He declared he believed that II was
The shot from Welch's gun that killed
although he was not look
ing straight at Welch when the shot
was fired. He testified that he had
formerly attended school at Athens and
knew Welch there. for he was at the
time city marshal.
He positively identified Welch as
having been on the car, armed with
a shotgun. On ross-examination he
admitted that he was implicated in /