The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-04-03

| iHOhh wow LOEhg Au ECopVhsO " u
Hazen had filed suit for divorce aga
Simms was in the. company Of Mrs
Hazen, aboard a parlor car, when Ha-
zen confronted the pair and shot Simms
Hazen claims he fired the shots which
! killed Simms, when the latter pulled
pistol and shot at him. The state Is
endeavoring to show that the klling
4 Of Simms was murder, because Simnls
was unarmed. The jury is to decide
whether or net Simms had a pistol and
fired at Hazen, and the case practically
hangs on this point, unless the defense,
troduced in the two former trials of
the case!
Hazen was on the stand whenfeourt
opened Saturday. He remained there
under cross and redirect examination
for so minutes, when he was excused
and the usual ordey was slightly dis
turbed, to put Robert l.. Jordan, for
mer president of the Chamber of Com
merce, on the stand as a character
WITNESS for Hazen.
Ned Farris. negro porter on the par
lor can on which Simms was slam!
next was called. His testimony refuted
that of l.. s. Kinnard, star witness
for the state. Kinnard had Claimed
FRIDAY that he entered the car before
the last shot was fired, and Farris
ftestified that he had been talking with
Kinnard and that all shots were fired
before Kinnard got on the car. Farris
said the W oman with Simnls, after the
shooting, demanded Simms grips, any, ana
got them. He claimed he saw pistol
on a. chair near where Simms was laid
after being shot, and that he also saw
q pistol scabbard in a grip which Mrs;
Hazen opened after she got Slmms
Shooting. This tended to show that
Simms was armed.
Steward Testifies.
Dining Car Steward Gilmore testified
that, from the diner ahead, he saw two
men at grips with each other, strug,I
Cling He said he did not see a pistol
in either's hands. but he heard nve'
six or seven shots.
Hugh +. Hazsn followed Gilmore on
. the stand. In addition to telling about
informing his father that his step
, mother was faithiess he added that he
had caught SifnIas En the Hazeu apart
lmaitt, prrtly IMPRESSED. at q tine when
, | his Tath9f waAfin New York. He also
said that he had heard his stepmother
! warn his father mot to have any trou-
. bic with Simms. as he. is a bad man.
and always went armed"
Hugh Hzen said ms stepmother was
, not qualified t. act as a stenographer.
This was the capacity in which she
was supposed to work for Simms.
Sam l.. Kahn, next witness, testified
that he formerly lived across the street
: from the Hazens. when their home, was
|
frequently had seen simms visit Haz;;
; ems home, in Hazen's absence, and
that Mrs. Hazen and simms frequently
went out together He saw them on
: few occasions at dancing pavilion
he SAID. Kahn at that time, was as
} sstant superintendent of malls at the
postoffice He now is connected with
The Commercial Appeal. On cross
: examination. he said he didn't know
! Simms' business at the Hazen house.
J Near Fight Occurs.
A tilt at fisticuffs between an attorney
for the state and an attorney for the
defense enlivened the closing moments
OF the trial late Friday; The bout was
, snoiIed BY deputy sheriff, who de-
clared 1t draw after one haymaker,
2 which did not land, had been swung.
e Foundation for the fistic battle was
' laid when the defendant, Hazen, on the
t witness stand, under cross examination,
made the accusation that Attorney Mar
tin Royd, special counsel employed by
Mrs Siunns to aid the prosecution, had
: picked hole in the coat which Hazen
n wore on the morning in 1917 when he
!, killed Ben r. Simms. Louisiana lumber
, man. The hole in the coat, which was
i shown to the jury. was within two
. inches of two powder burned holes
= which Hazen claimed were caused when
s Simms, graphing with him, had fired a
0 shot which tore through Hazens coat,
burning 1t slightly. The state attempt
o ed to show the jury that the third hole
8 was caused by the bullet from Hazen S
c own gun. But HaEen declared the hole
l. was not there during his first trial, but
@ | had been picked in the colt by Attor-
= lney Boyd during the second trial.
= After Judge j. Ed Richards raped for
4 adjournment for the day and Hazen left
d the witness stand, hot words ensued
/. between Boyd and Harry T. Holman
/ leading counsel for Hazen. A table
Y | was between the attorneys.
$ Judge Richards was just leaving the
S bench and the spectators were filing
e out behind the jury, when the affair
= occurred. -..
r Boyd jerked a wicked right hook to-
Q ward Holmans jaw. Holman caught
$ | the blow on a left guard, and Strattor
J. | Barbara. deputy sheriff, ieapod upor
: Boyd. dragging him from the table. and
y toward the corridor outside the court
II room.
!, Holman laughed after the encounter
and declared that Boyd had termed
= him a cur for bringing his (Boyd's
= name into the case as 1t had been. Hol.
. man claimed he told Boyd he had not
s brought Boyd's name into the case, but
a that his client had.
Q However, the epithet goes two
Il ways" Holman said he replied; ''you are
. a cur yourself"
Boyd was calm and self-possessed II
@ the corridor, where he had been con,
d Quoted by Deputy Barbara. He assured
n the officer that he need fear no NOR,
| tro,ihIe from him