The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1921-10-07
MURDER SUSPECTS
ARE BOUND OVER
AT PRELIMINARY
State Presents Six of Its Witnesses
Against Mcneil and Smith
Yesterday

Henry Smith and Ed Mcneil. ALA
Mack Mayors, accused of the murder
of Levi McCollum, asked for pre-
liminary hearing and this was held in
Barlow before Judge Holland Thurs
day afternoon, with the result that
the two were bound over to the grand
jury, which meets October H.
Smith and Mcneil have engaged
Fletcher and Mccoy, of Tampa. to
conduct the defense and Frank Nc
Collum, son of the murdered man. has
employed Wilson and Boswell OF Bar
tow to assist State Attorney Rogers
in the prosecution.
The witnesses produced by the state
Thursday were Frank McCollum,
Deputy Dan Marshall Mr.. and Mrs.
J. T. Martin and their daughter Miss
Lydia, and II. X. Salter.
The hats were positively identified
by all three members of the Martin
family and by Fl. H. Salter as belong
ing to the accused men.
The testimony OF Mr.. McCo'lum and
Deputy Marshall made Il substantial
foundation for the testimony of the
other witnesses. They testified to the
fact and cause o. Mr.. McCollum'S
death. the finding OF footprints about
the premises, evidently made by two
men, and the finding of the two hats
and the handkerchief mask near the
McCollum home.
The testimony of the three mem
bers of the Martin family was To the
effect that Smith and Mcneil were
well-known to them, having often put
up at the Lake Mirror Hotel when
this was under the management of
Mr.. and Mrs. Martin They testified
that the two men came to their board
irg house on North Stella Avenue on
Friday noon, August 10, and engaged
rooms, and returned to the house
with Evans between sunset and dark
with a box which they said contained
moonshine. They were forbidden to
bring it into the Martin house. and
accordingly took it to an unoccupied
stone house nearby. At this time they
had a pistol in the car. AS 10 the
night of the tragedy, the Martin fam
lily testified that Smith and Mcneil
left the house at about 1870 gand were
seen in Mum Park by Mrs. Martin
and her daughter shortly before 10
0c.ock, at which time they appeared
to have been running, being out of
breath and perspiring. Mrs. Martin
asked Mcneil if the officers had been
after him. referring to his possession
of the shine. to which he replied, NO.
but | don't feel right Later thar
night, Mcneil returned to the board
ing house wearing straw hat which
he later said he returned to its owner
He left TO hunt up Smith. who had
rot returned and the two came barl.
after / O'Clock
Mr.. Martin testified that the men
seemed uneasy, slept with their
clothes on and complained the next
day of not having slept. Smith, es
recially seemed to have no appetite
Tor supper Saturday night or for
breakfast mex day The men left in
a car after breakfast Sunday morn
ing, at which time Mcneil was bare
headed and Smith was wearing a new
hat.
Mr. Salter testified to having been
with the men Saturday evening both
before and after the time OF the mur
der, and had noticed suspicious re-
marks and conduct on their part.
Naturally, in a case of deliberate
murder such as this appears to be.
there would be no eye witnesses. but
the state has several other witnesses
whose testimony will strengthen that
presented Thursday, and the state is
confident of securing conviction
when the case comes 20 trial.