The Birmingham age-herald., 1921-10-21
SEWANEE READY FOR GAME ---

10 ldIH. HNepnenson NetuiNlhbt HaY ins that such matters were incom' potent,
 Well why did you put Gussmar on the stand to bring them outT' Judge Black asked.
 T didn't put him Up for tho pur- pose, wanted to prove that he was not a negro" Mir, Tate re- piled.
 Call Stephenson
 Stephehson was called to the stand by the defense in an effort to dis prove the chsrse alluded 10 in questions of Mir. Morrow of the state addressed to the witnes re- garding Stephenson having embez- sled money from the barber union. The state objected on the ground that such evidence had not been got ten from the witnesses. and the court upheld the objection. Efforts to ln- troduce a letter from pr. Eehols, presiding elder of the Methodist church of the Birmingham district. made by the defense were also over ruled. Judge Black stated that the letter would straighten up charges made that Stephenson came near te- ing fired from the Methodist church conference.
 When Stephenson was called from the stand, both the state and the de- fense rested their cases.
 olics or not.
 Could Not Write
 Previous to their marriage Ruth had written him several letters. he said, but he could not write. and, therefore. did not answer them.
 Charles H. Mandy of Tho Age-Her- aid. testified that he went to the cell of Stephenson on the night of the shooting. The witness declared that Stephenson told him Father Coyle struck him twice, knocking him % his knees and then he shot.
 Objection was made to Mir. Man dy's testimony by Judge Black, but the court overruled. The witness testified that Fred McDuff. chief deputy, told him when he said he wanted to see the defendant that Stephenson had said he did not want to talk. Mir. Tate had just finished talking to him when the witness went into the cell, MT Mandy said.
 Stephenson said he told Father Coyle, You've treated me like d dirty dog" Later he said he called him dirty dog" The witness did not examine the defendants head. but the defendant did complain that 1t was hurting him. He was very nervous. MT. Mandy said. Eye-Witness
 Douglas White of Lehlgh was iu- troauced by the state as an eye wit ness to the shooting. The defense immediately objected on the ground that the state should not introduce | new evidence on rebuttal. The state replied that 1t did not get hold of | the witness until after its case was l closed.
 Jim Davis, assistant solicitor, was ! sworn In by the court to testify when the state got the witnes. He said that he heard that Mir. Whit te a8a 7een the shooting on Saturday atBht Fna told MT. Morrow, who | &aA ny Investigations, Monday t iA9Faip 4Re witness did not come < h ,42 uesd@y. he was not sure l wAsf WAS morning or after uaoE
 Fort stated has gse law IF nIatfaf Vi Admitting testi- meng sfter side sA5 eloesc tz case aA tAa Maopetie0 9a the couft. l with the eou38ttlN thai thf fudge should not aoH th@ lshE He atd l he regretted thal the atata mad aot notified the court ,boa fhls wit5 ness before the state sleaet itt case. and then he should have ac 1 mitted his testimony. but he lsi. .l would be an injustice to the defenS 1, If the witness were admitted at the last of the trial when 1t would be | impossible to dispute his testimony Stephenson was placed on the stand again by the defense, and was 1 asked what time he went to the home of Fred Bender on the day he found his daughter locked up there. Hs 1 replied. About 3 o'clock"
 Mrs. Stephenson was placed on the stand. She testified that Mir. Dill who was sent by Bender to notify the Stephensons that Ruth was a; hls home. did not come to their house until nearly 6 o'clock. l Morning Session
 When court convened yesterday morning, the state attorneys con- tinued their grilling of the defend ant begun just before court adjourned Wednesday afternoon. The witness did not know which bullet struck Father Coyle, nor where the priest was standing when he fired. lie thought he pulled the trigger three times. but was not sure that he had ] The priest he said, did not fall untt; 1 all three shots had been fired. l Tho defendant vigorously denied that the priest was sitting In tho swing when he shot him, and said he was out of the swing when ho fell 1 Father Coyle. the witness said, had hold of hls suspenders whom he fired He was unable to snow the manner in which he was standing when h.. fired.
 Did Not Tell All The witness insisted that he did not tell officers who questioned him In his cell after the shooting all that had transpired on the porch. He was not sure whether & representative of The Age Herald was present when he talked or not. He said he did not tell them what the priest Is alleged 10 have called him, nor that his suspend CTS were hanging down as he left tn rectory.
 To the states insistent questioning he said he did not know whether he was in the cell alone for some time before the officers saw him or not. Is Pedro Gussman a negro?' he was asked.
 T have always looked upon him as such.' the defendant replied.
 He said he told Father CoyIe that Gussnxan was negro He did not know whether he told the officers that Father Coyle called him in to the rectory or not, but did not deny that he might have told them that.
 The defendant said he had been told by Solicitor Tate when interview wed ir the jail that he was required to mak a statement. Tate did not advise him that what he said would be usee against him in the trial. He told Mr Tate he was suffering MT. Tate did not tell him he could have a lawyer present.
 Warden Testifies
 R. F. smith. deputy sheriff, testi- fled that he was acting as warden at the Jail on the night of the shooting. and that he saw the defendant a few minutes after be Nxas brought II, ,rhs