The Birmingham age-herald., 1921-03-03
LETTERS TO GOVERNOR

to show by the witness that type writers in the office of the Advance had the same kind of type as that of the letters to Governor Kilby and that the stationery and envelopes similar to that on which the letter was writ ten was overruled by the court. Ques- tions of this character, the court ruled, were not permissible until after it had been shown by witnesses for the defense that these matters were true.
 Objections were also sustained to the question asked Painter after he had been shown a letter written to the law enforcement officers and signed 'Ku Klux Klan" if the station cry at his office was not similar to that on which it was written. He was not required to answer
 Aquestion of the defense designed to show that the Adavnce had taken sides with the union miners in the strike and that Painter had been pres ent at a meeting of officials of the union at whic'l resolutions allowing picketiDg were passed was objected to by the state. which was sustained by the court. as ,ey were to questions as to whether or not Painter had not been allowed to remain in the room. while reporters of The Birmingham Age-Herald and the Birmingham News were excluded and if he did not sit next to Van A. Bittner the man who offered the resolution.
 STRIKE ISSUES
 Attorney for the state at this point ob- jected to further questions along that line as they were improper and designed to cloud the issue before the jury by in- jecting strike issues which were not to be involved in the case. The line or questioning by MT. Beddow, he declared, was unfair to the state, the court and the jury and asked that he be instructed to that effect
 MT. Beddow, in reply. stated that he considered it fair to show what brought about this assault. However, the court ruled that testimony of this character was not permissible at this time
 MT. Painter testified that c. w. Aus tin was present when he was assaulted by Knox, but that he did not know whether he arrested him or not He also stated that Knox did not show him any paper, although he did see Knox draw some kind of paper out of his pocket.
 On the day of the assault Painter stated that he, with William H. Hendrix. one of his employees, was nearing his newspaper office when they met Austin, who stopped and shook hands with him, following which the three engaged in conversation. He testified that shortly after Knox came up and asked him if his name was Painter. He replied in the affirmative when Knox said: ..I would like to speak with you a minute Painter testified he went aside with him and Austin walked off
 DENIED WRITING LETTER
 At that point the witness stated Knox accused him of having written the anonymous letter to Governor Kilby, in which the activities of the law enforce ment officers were severely critised Painter said he did not write the letter and so told Knox, but that the defend- ant began to strike him. hitting him several times.
 A n6mber of Austins men had come up in the meantime, he stated. and were gathered around watching the proceed ings He stated he was severely beaten by Knox before Hendrix, who had gone after Austin returned with him and the chief made Knox stop his assault on the witness After pulling Knox off, according to Mir. Painter, Austin walked off. and Ie and Hendrix resumed their journey. He testified that he was again approached by 0. D. Moates. another law enforcement officer. and severely beaten before Hendrix, who had again gone after Austin returned with him. and he compelled Moates to stop.
 The witness stated that he then went to his room at the Tutwiler hotel, where