The Birmingham age-herald., 1919-08-21
SENSATIONS AT
 THE HEARING OF ASSAULT CHARGES
 AGAINST OBEAR
Attorney Given Lie by De fendant and Mrs. Obear Warned Against Con- tempt of COurt-Ar-
 guments Today

1uOu1 duSS COiu pdilJ, SAoA 5 SO with assault .on the person of L. A. Fealy, bishop of the AL trurian church, dropped a bomb in municipal court yes terday afternoon, when he sprang from the witness stand, shaking with wrath, and shout ed to Attorney Gibson, attor- ney for the prosecution, "You lie! If you say that my broth CT, an army officer, eve iran, you are a lying scoundrel! No man can say that and get by wit hit!
 The outburst followed an assertion made by Gibson, that he understood that Obear's brother, Maj. William S. Obear, did run once,' and the asser- ton was made following a question fired at the defendant by the attorney, ask ing him if he ran, while engaged in an argument with Fealy.
 NEVER RUN YET
 NO, have never run yet" said Obear, whereupon the attorney said: Well l understand your brother did run once.'' This was when the crash came. Judge N. B. Abernathy, who was presiding. warned MT. Obear that if the loud talk ing continued, he would impose fine for contempt of court. Obear apologized to the court, and the nearing proceeded.
 George S. Obear was being given T preliminary hearing on a charge of at tacking Fealy on the streets. with in- tent to murder him. The trouble be- tween the Obears and Fealy began two weeks ago. when Mai William S. Obear. brother to the defendant, filed applica- tion for an injunction in chancery court charging Fealy with using hypnotic in- fluence over Mrs. Legare Obear, his wife. and causing her to squander S20.600 of her estate, while the major was in the army.
 Following the filing of injunction. Fealv entered suit against the Obear brothers claiming s30,000 damages for malicious libel and an additional charge of assault was made against George S. Obear. and warrant issued.
 The evidence for both sides was con- cluded yesterday afternoon and the argument of the case will be continued this morning.
 CHARGED COURT WITH BIAS
 Mrs. Legare Obear, wife of the major. was the first witness to take the stand for the state. During her testimony she was reprimanded by Judge Abernathy. when she made the assertion that the court was biased in favor of the de- fendant. Judge Abernathy told her that if she repeated the statement she would be fined for contempt of court
 Mrs. Obear testified that she was walk
 ing en route from the office of the AL trurian society to the office of Attor- neys Davis & Gibson, in company with Fealy, when they met George Obear at the corner of Third avenue and Twen- tieth street She said that Obear showed her a paper, concerning the injunction and reprimanded her for the step she had taken. She stated that Obear walked in front of Fealy and began to call him vile names and struck him several times. and threatened to kill him if he did not leave town.
 At this point Mrs. Obear stated she was ordered from the scene by Bishop Fealy and that she compiled with his order.
 It was while undergoing a rigid cross examination by Messrs. Andress, Cobern and Hewitt. attorneys for the defendant, that Mrs. Obear accused the court of being biased and was warned by Judge Abernathy. Mrs. Obear said she told the defendant when she and pr. Fealy met him on the street, that he had no discretion in the matter of her religion or of Dr. Fealy, and asked him to keep out of it.
 REACHED TO HIP POCKET She testified that Obear during the af- fray reached back to his hip pocket, as if he were going to draw a pistol. but said she did not see the weapon She centended the defendants interest in the affair was presumptions. The defense asked if her attitude to- wards Obear was friendly. whereupon she asserted that she hated no one, The next witness for the state was w. D. Colium, an employe of the South ern railroad He testified that Obear put his hand to his hip pocket and pushed Fealy but said there were no blows passed c. E. Kelley. the third witness testified practically the same as Collum. adding that he heard Obear accuse Fealy of being fraud and faker.
  Fealy who came hobbling into the court room by aid of a walking cane. He | testified that by request of Mrs. Obear | he was walking with her to the lawyers office when they met Obear "He spoke 1 to me first said Fealy and again after talking to Mrs. Obear for some minutes, 4urn2d to me, and began CUTS l ing He called me fraud. faker, and l threatened me. telling me that If l did not clear away in another minute. he | would kill me. I did not move. where upon he struck me" M
 1 In response to a question asked by the defense, Fealy replied that the flrs' blow landed just above his liver "He 1 continued to abuse me-, continued tnt witness and reached for his pisto which I plainly saw in his hip pocket l I weigh PIT pounds and am entirely able to cope with MT. Obear in physica ] strength" This concluded the evi i dence for the state.
 NO BLOWS PASSED
 |. N Goer. secretary for the Birming- ham Fertilizer company, and A. G I Wells testified for the defendant. Tht testimony of both was to the effect tha no blows was passed and that Obe.4l possessed no pistol Mir. Wells, who i' I a merchant on South Twentieth street stated that he caught hold of Mir i Obear's arm and led him away to pre- vent a possible difficulty
 1 When George s. Obear took tnt I stand. he told of his mission on n, street. which was objected to by thu | state "A man might be< going te 1 church and get into fight said Al. | torney Gibson. while another might D.