The Birmingham age-herald., 1922-06-11
MAHALEY HELD BY CORONERRUSSUM M. ON MURDER CHARGE
UnjustifiabIe Homicide Is Yer dict of Coroner After Hear ing Testimony of Eye
 Witnesses to Killing

Uniustifiable homicide was the verdict yesterday of Coroner J. D. Russum following an investigation into the case of J. M. Mahaley, who, claiming that his home had been wrecked, shot and killed Felix La Porte, a roomer in his home at 2330I Eighth avenue, north, Friday night. Mahaley is in the county jail charged with murder.
 Coroner Russum in examining the witnesses dwe1t considerably on the circumstances leading up to the shooting. Mrs. Mahaley admitted i'm answer to the coroner's questions that she and Mahaley had been sep arated twice Testimony of other witnesses showed that La Porte had been permitted to room at the house for several weeks and had shown attentions to Mrs. Mahaley without being intefered with.
 Circumstances leading up to the killing were told by Willard Camp bell, 20-year- r-old son of Mrs. Ma haley. He stated that he was pre- pairing to go out to Edgewood about 7:So o'clock Friday night and that his stepfather, Mahaley, wanted to go with him but that he advised him to stay at home with Mrs. Ma haley.
 La Porte then came out of the house and going around on the other side of the automobile from where Mahaley was standing, asked Camp bell what Mahaley had said, accord ing to the testimony of Campbell, who further stated that he told La Porte he had better move away from the house and let his stepfather alone.
 Mrs Mahaley testified that after her husband had come back and was sitting in :he room talking when La Porte came to the door and said to him: Come here a minute, l wan to see you" She stater that she told La Porte if he had anything to say he could say it in the room. The two men then went together she said and she got between them.
 La Porte reached over my shoulder and grabbed my
 
 while he put his other hand to his hip pocket. but Mir. Mahaley drew his gun and began stooting." She did not know how many shots were fired
 Mrs. Minnie Norton, sister of Mrs Mahaley who has charge of the rooming house, stated that three shots were fired, two taking effect, one in the breast and the other in the arm. According to Coroner Rus sum the third shot also grazed La Porte's chest Mrs. Norton stated that she took the pistol from Ma haley and later turned 1t over to the rolice.
 Mrs. Mahaley testified that La Porte had declared his love for her and that he swore he would have her or kill both her and her hus- band. She said she had shown him. no more attention than that of a friend
 R. R. Rochelle, proprietor of the Grapico Bottling works, testified that La Porte worked there and that he was called up several times a day by Mrs. Mahaley and that they talked SC metimes for half hour. Mrs. Ma haley said she had never called up La Porte except once on a business matter.
 Charles c. McMullen, formerly of the same company, testified that te had gone to the Mahaley home In company with La Porte and that they were served liquor by Mrs. Mahaley.
 Charles o. McCrary and his wife, Mrs. Ethel McCrary, who room at -he house, stated that La Porte had pushed his affections on Mrs. Ma haley and that she had told him io leaves, that she did not care any thing for him and that he would cause trouble. McCaray also stated that La Porte. said he loved Mrs. Mahaley and that he was going to get her husband out of the way. He testified also that Mahaley had told La Porte to move twice.
 Violet Bowden, who rooms at the house, also testified that La Porte had made known his intention that he was going ito have Mrs. Ma haley"
 The preliminary hearing of Ma haley will be set in the next few days to come before Judge H. B. Abernethy.