The Birmingham age-herald., 1921-10-19


 , o'clock in the case of Rev. Edwin indicted for murder in the second ( of Father J. E. Coyle, rector of St. First indication of the defense's attempt to prove the insanity plea was given yesterday afternoon fol- lowing the testiniony of a number of character witnesses when defense attorneys began questioning wit nesses concerning tho appearance of stephenson on the day of the shoot ing and during several months pre- voas.
 McDuff's Testimony.
 Fred McDuff, chief deputy of Jeff terson county, was called by the de- Tense shortly after 4 o'clock yester- day afternoon MT McDuff testified that Stephenson and his wife came 10 tke sheriffs office about 30 min- ptes before he heard the shots fired ..t the Catholic rectory next to the courthouse.
 Stephenson, the witness testified, wanted a search warrant to search the Catholic church, the home of Fred Bender, godfather of Ruth Gussman. and the two local Catholic con vents. He was excited, MT. McDuff said, and Mrs. Stephenson was crying. Both legged that they be given a search warrant, but were told that there was no judge at the courthouse at that time.
 Stephenson had talked to MT. Me- buff several times about the trouble he said he was having keeping his daughter from going to the Catholic church He had mentioned the time that he had gone to the home of Fred Bender in company with city detect ives and found his daughter locked up there.
 Wanted to Search Rectory.
 MT. McDuff, when questioned on cross examination, said that Ste phenson had wanted a search war rant 10 search the Catholic rectory, too. MT. McDuff refused to say that Stephenson was either sane or in- sane at the time he talked to him, but said he was excited.
 Judge Hugo Black, defense attor ney, asked Mir. McDuff if he meant that Stephenson wanted the Catholic rectory searched by officers, and was told that he did.
 Steve Wiggins, deputy sheriff, testified that he was present when Inc Stephensons came to the sheriffs office on the afternoon of the shoot Ing and asked for the search war rant. When they told him that there were no judges in the court house at that time, Mir. Wiggins said he advised Stephenson to so to the Catholic institution himelf telling him that those in charge would say if his daughter was inside. stephen son replied that they would not tell hm.
 Had Shot s Map Mrs. Stephenson cried during the Interview, Mir. Wiggins testified. MT Wiggins said that shortly after the pistol shots were heard over at the rectory, Stephenson came back into the Sheriff's office. He had not moved from his seat during the in tervening time, the witness said. Stephenson said, 4Mr. wiggins want you to lock me up.'' The witness said he told him he could not lock him up unless there was some reason for doing so. Two police officers who came in behind Stephenson re- piled that he had just shot q man, and MT. Wiggins started leading him toward the Jail.
 While l was carrying him down to the jail" MT. Wiggins said, 1T asked him whom he had shot. He replied, that man over there point ing toward the Catholic church. I asked If he meant the priest and ne said 'yes',''
 No Bitter Feeling
 When asked by state attorneys if he had any bitter feeling toward the Catholic church, MT. Wiggins re- piled sharply that he did not. He said he was a Presbyterian himself, but had no bitter feeling against the Catholics. He testified that he nnfhfrr oh h1tr lions while at the sheriff's office to indicate that he was crazy. He did not examine the pistol which Ste phenson had. but gave it to MT Me Duff immediately after the defend- ant had handed 1t to hfYn.
 R. P. Smith, deputy sheriff, who was the last witness to testify yes terday afternoon, said Stephenson had approached him a number of times on the subject of his daughter going to the Catholic church. He told MT. Smith about having sent the girl to Texas with her mother, and she jumped off the train and was later found in a Catholic home Mir. smith said Stephenson stopped him and talked to him about the mattor every time he saw him.
 Mir, Smith said Stephenson had ap- preached him on the subject of buy ing pistol several weeks before the shooting, but later told him he did not want one.
 Character Witnesses
 When court was called to order at o'clock in the afternoon the defense immediately began It's case by calling q number of character witnesses J. Fl. Rogers of Talladega, O. F. Staples of Heflin and G. B. Bowman, of Heflin each testified that Stephen sons character was good To the states insistent questions: Do you know that he embedded money from the Barbers union. of which he was secretary? Do you know that barbers say he is dishonest? Do you know he beat his daughter and locked her up in room against her wilI?" each witness said he did not
 Rev w l. Powell of the Northern Methodist church testified he had known Stephenson for a number of years, and he considered his charac- ter good Asked by the state if he knew that the presiding elder of the Birmingham district, Dr. Echols, had. while Stephenson was in the Meth- odist church, south. demanded his H. cense because he did nothing but hang around the courthouse and marry people, Mir Powell said he knew nothing of it.
 Stephenson Preached
 The witness said he had frequently had Stephenson preach for him, and thought that the reason he changed from the southern Methodist church to the northern was that he had been
 tCentinued on Page Two.)
 ~ "" H H