The Birmingham age-herald., 1921-06-19
DEPUTIES HELD FOR GRAND JURY
 LINDSEY KILLING
Large Crowd at Hearing on Murder Charges = Court Orders Search of Spec
 tatorS for Weapons

were bound over to the grand Jury by Judge Herbert Ethridge in the inferior court following a prelimi- nary hearing yesterday.
 W. T. Kemp, chief deputy, and Dep uty A. M Eubank were placed under s5.oO0 bond each and Deputy J, G. Thomas under s2,O0o bond. w. H.. Harrison, arrested in connection with the case, was discharged yeste, day morning upon request of Solicitor Ben c. Perry when the case was called.
 The courtroom was packed and damned with interesting spectators ard every available space was being utilized by them while the doors and hallway leading to the courtroom were crowded.
 Owing to the sentiment which
 resulted from the killing Judge
 Ethridre gave orders that all
 spectators nnd witnesses should
 be searched for arms before aI-
 lowing them to enter the court
 room. However, weapons
 were found, it was stated. md the
 spectators kept perfect order dur
 ing the hearing.
 Sylvester Lindsey father of the toy who was killed. was the first witness placed on the stand by the state and for more than two hours he vas put through grilling examina- ton and cross-exami ton by attor- neys for the state and the defense.
 Testimony of Father
 According to the testimony of Mr. Lindsey, he and Clarence Lindsey, his son, went to the sawmin early or the morning of June '. the day Sterling Lindsey was killed, and Latham Lindsey brought the hwason a short time later While they were leading the wagon with lumber to lie brought to town, he stated John, lis 15-year- old son. came to the mill
 short time later Sterling came. he said, and told him that he heard some dogs after the goats and he tLindsey) sent John back 10 the house to get his shotgun. The boy being unable to find any shells brought fl Colts pistol in scabbard on a belt which the witness stated he strapped around his waist. Then he ard the boys went to look for the goats and had walked about a mile and one-half when they came 10 a branch. On the other side of it the witness testified he saw a five gallon jug of whisky with a tin can be- side it.
 DolQ lfuOh SdlQ the WI ness, and Sterling. who was a few feet in front of me, said Come on, papa, don't stop there.' I stopped and shook the bottle and Clarence was d few feet behind but Sterling kept on going. While We were there as the whisky jug Eubank, Harrison and Thomas came out from behind the bushes and said, Don't move or we'll kill you They came on up to me and MT. Thomas took my gun.
 Started to Hun
 Sterling started to run when he heard the officers and MT. Euoank and MT. Thomas called to him to Ealt. When he kept going Mir. Eubank shot twice with a rifle, but couldn't see what he was aiming at then told the officers he was un- armed and not to kill my boy and if they wanted him we would go to the house and get him. MT Eubank ran after him and after they got ou- of my sight l heard two more shots fired but l don't know wno fired them.
 The first time I saw Mir Kemp was when he came up from the direc- ticn in which Sterling had run and 1 asked him if he had shot my boy. lie said he had not but MT. Eubank said, We crippled him."
 On cross examination Mr. Lindsey stated he did not carry the pistol to the mill with him but had sent John lack to his home for his shotgun He emphatically denied that he was al a still pouring liquor when the of- f:cers approached, when asked if he wasn't by George Ross, attorney con- cucting the defense. He also denied that Sterling was firing the still.
 Seized Five Stills
 These deputies seized five stills in tle vicinity of the place where Suer- ling Lindsey was killed, according to their testimony Two of them were warm, they stated, an6 tho others were cold, some of which showed signs of never having been operated.
 When asked if It was not a fact that he had gone after his gun when the officers ordered him to halt Mir. Lindsey stated it was not, as he did ret go after his pistol. When asked if the stills were his he said they were not and the land belonged to tine Smithson heirs, who live in Tus- caloosa. He told the court that he did not know his boy had been shot until he got home that evening about 6 o'clock, as the officers brought him and Clarance to Bessemer. and placed them in jail. where they remained tSi oOOul SlA uOuTS.
 The testimony of Clarence Lind- sey corroborated that of his father with few exceptions
 Found Brother
 John Lindsey who found Sterling Lindsey after he had been. shot told the court that his brother was liv- ing when he found him about an hour and one-half after he is said to have been shot
 We had had dinner and it was after 12 o'clock, and mamma became worried about papa and Clarence not coming to dinner,p the witness testi- fled. and told me to go over to Sterling's and see if they were there. Just before I reached there heard Sterling's dog barking and it just kept it up so I started in the direction from which it came. There was the dog standing by Sterl- ing. who was lying on his side with in the sun and a persimmon sprout had been broken off and placed over his face.
 'I turned him over on his back and went to the branch for some water, bringing it back in my hat. I rubbed his face and hands and he breathed for several minutes after I got there. When I found Sterling I just kept calling for help and about 20 minutes afterwards Lillian, my sister came and then my mother and Sterling's wife" Attorneys were un- able to shake his testimony on cross examination.
 Still Breathing
 Lillian Lindsey testified that Sterl- ing was breathing when she reached L fl sa1, although Mir Lindsey and Clarence testified the shooting occurred about Il o'clock.
 Arthur Jacobs. the undertaken. who handled the body and Coroner J. b. Russum gave testimony regarding