The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-02-27
FEARED DEATH
At HANDS OF
MRS. SMALLEY

-
Testifylno that she never had more
than one sWeethears, her husband; that
she was married az the age OF and
that prior 70 the fatal shooting Of Mrs.
Mart Smalley In July, 1918, she had
6ought protection from various sources
against the breaking up Of what had
been for IS years 80 happy a home,
Mrs. J. p. kellams took the stand Fri.
DAY morning In First criminal court,
where she Is facing charges OF first
degree murder. a
Mrs. kellams was the first witness
called by the defense. The state closed
Its case early IN the forenoon She was
on the stand for more than two hours,
the greater portion Of the time being
taken by Harry Holman, attorney for
the defense, who concluded direct sS-
animation az 1880 O'Clock. Sam o.
J Bates, attorney. general, took only a
few moments In questioning Mrs kel'
| lans.
T. r. Kellams her husband, then was
called and when court recessed for lunch
war sttll In the Witness chair, Mr., Hoi-
man finished his questioning shortly.
II Is expected that CroSs examination
| Of kellams will be completed within
short while when the afternoon session
| opens.
| Only twice were sohs audible when
| Mr.. Holman was quiZsing Mrs. Kellams,
once when shown the pistol alleged to
! have been fired by the defendant and
| again in telling Of a letter she had
| written to Mrs. Smalley. However, she
wApt almost continuously when being
| questioned by the states attorney.
! Talking in an even tone, Mrs. Kel-
| lams tecited the story OF how she ha
! heard Of her husbands alleged intimate
relations with the dead woman Steps
TO win him back and requests alleged
to have been sent Mrs, Smalley asking
| that the latter cease her attentions to
Mr. Kellams, were told by the wit
ness.
That she feared bodily harm from
| Mrs. Smalley when the two stepped
from u Bnghamton car on the night
| OF the shooting, and that she did not
know exactly what she was doing when
| the alleged affinity of her husband was
killed, were testified to by Mrs. kel-
lams. She declared that when she de-
| scended from the car Mrs. Snalley
preceding, that the latter made a move
as If to reach for something IN her
| bosom. Previous Witnesses testified
that Mrs Smaley. after being con-
yeyed to the PHYSICIANS office. re-
! moved from her waist a bottle alleged
"a have borne a poison label.
y am sorry ! had 70 do H." is the
expression the defendant made Inn
mediately following the shooting, ao-
cordtng 70 her statement on the stand
Unhappy Two Years.
! Twice Mrs. Kellauis had written Mrs
Sntalihy asking her k0 cease her eilege u
Relations with keilRms. n was wile1
qNtlininG the gnntailts& of the. SECOND
sIssg;Iy lHst n asts.ssS lIssss tas M @ sa''
broke down and wept 6lS reaching Il
| portion Of the niissiRe quOttnR The
marriage ceremony Kellanls had con-
fessed al this time 10 her, the defend
ant said
4 Two years covered the period in
which she hadIknown the dead woman.
l Mrs. Kellams said. Tier statement was
that she had heard OF tile alleged re-
lations existing between Eellams and
Mrs, .smalley six months prior TO the
| shooting,
Two weeks before the killing Of Mrs.
Smalley. the witness declared. she met
her rival on the streets OF BinghamtOn
and that Mrs Smalley told her she
could not refinquish her claim on Kel-
lams
On the day of the shooting Mrs. Kel-
lams swore that she followed her hus-
band TO point where he caught a
Binghamton car bound to Memphis.
Previously he told her he was going 20
attend a picnic at Raleigh, Later that
day Mrs. Kellams came 10 Memphis
and instituted search for her husband
and Mrs, Smalley. who the witness de-
clared she thought to be In the city
with Kellams.
After looking over hotel registers and
visiting rOoming houses, she proceeded
TO OVerton park, where she caught an
eastbound BinBhamton car. Mrs. Small
ley was not on the car to her knowl-
| edge she said, and only did she learn
ii OF Mrs Smalley's presence shortly be
fore they reached the stop where both
were to alight.
I.earning that Kellams had heen viAi'-
ing Mrs. Smalley, Mrs Keliams said
she went to Joe q, Burncy. chief, oi
police. the sheriff's office and later tc
having her husband returned TO her
She testified that she was laughed al
in the magistrate court
Her husband had mentioned a divorce
to her, Mrs Kelams declared, and Of.
/, fered her $500 II she. would consent tc
such legal action, refusal was hei
answer to this, she stated
Shot Protecting Home.
81 didn't want her to break up my
home Mrs kellams sobbed In reply t
question by Mr. Bates, as 10 the rea
reason why Mrs, Kellams shot Mrs
Smalley.
on crosse examination Mrs. Kelam.
stated that Mrs. Smalley partially
turned and placed her hand TOWARD
her breast as though TO get somethinJ
inside her dress. II was then that tht
shots were fired,
There was no conversation between
: the two during the car ride from over.
ton park to Binghamton. Mrs Kellan,.
{ stated. Mrs Smalley. she said CAV,
her two defiant looks bat said nothinJ
to her She described In detail thief
relative positions as they alighted from
the car, Mrs. Smalley about eight fee
| in advance.
Kellams then was called as wit
ness by the defense He admitted H.
licit relations with Mrs. Smailey for
period OF more than year previous q
the killing. 4 family conference be
tween Mr. Smalley. himself Mrs Small
ey and Mrs. Smalley's sister was hel,
at the Smalley home several month";
previous to the shooting, at which tim,
I both he and Mrs. Smalley agreed I,
Y discontinue their relations.
Mr.. Holman, after the state close,
its case. moved that Judge j. Ed Rich
ards issue peremptory Instructions {.
t the jury TO return verdict for tn
defendant declaring that no proof ha,
8 been introduced to show that Mrs
Smalley's death was actually due to tn
l bullet wounds alleged to have been In
nicted by pistol In the hands OF Mrs
; kellams. This was overruled
Or, " B. Everett, who gave mcdlca
G attention to Mrs. Smalley. was recalle
TO the stand when court opened Fridn
e morning. His testimony was confine
y chiefly TO some memoranda he ha
:. taken at the instance Of Mrs. Smalle
o when she was brought to his offlc
e wounded Objection by counsel for de
fense that such did not constitute
d diving statement was overruled,
= nr. Everett declared Mrs. Smal,e
e told him she felt something hit her /
,. the back after she left the street ca
and that she then saw Mrs. Kellan,
n holding smoking pistol He also sai
/, that Mrs Smalley handed to her sma
h daughter bottle which she remove
8 from her breast. Skull and cross bone
g were displayed on the label OF IN
phal, he stated. and handkerchie
3 was wrapped around the lower end
He could not swear as medict
e nracticioneer that Mrs, StnAiley's deaf
r. came from the wounds which she wa
- suffering from when the woman wa
brought to his office, Mrs Snalley ha
- given his medical Attention for othf
n easons on e prevt0Ls occasions h