Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-03-16
Dying Statement of McNiece
Tells Story of Fatal Shoot
ing at TaIbotton-0ther
Testimony

| charged with the murder OF A. b.
McNiece, was expected to go to the
jury here late today, with conclusion
of the arguments and Judge Munro's
charge. ..
| Arguments were started late yes
terday and one attorney for each
side explained his views of the shoot
irg here last fall IF the county
school superintendent.
Coart who served in the Spanish
: and only left the arnny-~after
| the armistice, told the jury yester-
day that he killed McNiece in an
| alteration that use when he went
the latter's office to demand that
McNiece cease his attentions to Mrs.
Coart. McNiece defied him to stop
the relations between them, Coart
said and advanced on him with
something in his hand, and he fired.
The story was exactly the reverse
Of that given in McNiece's state
ment before he died and that told
by Mrs. McNiece on the stand. Nc
| Niece denied he ever had improper
relations with Mrs. Coart and said
the major shot him without provoca-
ton, and Mrs. McNiece charged
Coart with endeavoring to force his
attentions on her.
1
Keyed to a high pitch of intense
interest created by the sensational
story told Monday afternoon by Mrs.
a. B. McNiece, widow Of the county
school superintendent shot by Major
Lee Coart in the courthouse here last
fall, crowds Of people from this and
many surrounding counties Tuesday
packed the court room to capacity
I'D
sensation as they listened to Coart
tell his own story of thief tragedy
and then heard the dying statement
Of McNiece read to the jury.
McNiece, after repeated warnings,
disregarded the sacred obligations
of confidence and friendship, wreck
ed my home and crushed my life"
Coart said, adding details OF many
incidents to support his story OF init
mate associations between the school
man and Mrs. Coart.
The dying statement of McNiece
told how Coart had gone into his Of
flee, made several insinuations con-
corning the character Of Mrs. Coart,
" hich he told him he did not care
to hear, then pulled his concealed
lpistol from his pocket, snapped 1t
lat me twice, and then shot me.
had no weapon, not even a knife,
and was given absolutely no chance
to defend myself. Major Coart shot
me without cause or provocation."
Mrs. McNiece, testifying Monday,
tod how Coart had made repeated
improper advances toward her, hold
ing her by main force and kissing
her one day when she Went to the
Coart home to see Mrs. Coart. She
also told how he tried to destroy her
confidence in her husband, and beg.
ged her to let him know if she were
ever free. She told him, she said,
that only death could separate her
from her husband.
Mrs. McNiece Refutes Statements
The dying declaration Of McNiece
was admitted Tuesday afternoon un-
der objections of defense counsel
that were urged in two-hour ar
gument in the absence of the jury
from the courtroom.
Mrs. McNiece, when called to the
stand in rebuttal by the state, re-
futed many Of the main points in the
statement of Coart, saying that Nc
Niece and Mrs. Coart did not remain
out in the pond at Juniper twenty
minutes in close and secret CONVEX
sation. She said that on that date
Major Coart said he went into the
office of McNiece and warned him,
the date being that on which Mrs.
Coart went to Columbus to attend
the Cozart wedding, he was enter
tanned at supper at the McNiece
home.
She said Coart did not tell her be-
fore the shooting that there had
been any clandestine meetings be-
| nd WI hn
denied that any ody had instructed
her or drilled her in preparin. the
testimony she ga . before the jury
Monday afternoon, saying, "Nobody
under the sun suggested it., neither
would I have perjured myself or en-
barrassed myself by relating before
this court these humiliating circum-
stances"
After this, both sides announced
closed and arguments commenced,
both sides being limited to three
speakers each, time unlimited.
/COart Accuses Couple
The defendant detailed many al
legged instances of intimate associa-
tons between McNiece and Mrs.
Coart and stated that he had time
and time again warned both his wife
and the school man that their rela-
tons must cease. On the day Of the
tragedy, he again went to the office
of McNiece to implore him to desist
from his course. After some wrang-1
ling, he stated that McNiece said:
major, what is your game? Here
after our pathway shall be as far
apart as possible"
! More talk led to this statement by
McNiece, according to the defend
ant: "I believe all these things you
have been telling me are a pack of
C. d lies and have taken all
I expect to take off you McNiece,
then, arose from his chair, white
with anger, he declared. "I thought
he had a knife. 1 shot him."
When court convened at $3.50
o'clock, the state announced that it
would rest on the testimony of Mrs.
Men Sece, which was the sensation
of the first day of the trial. This
actio took the defense completely
by surprise. After a long consulta-
| ton among defendants lawyers. it
was announced that Coart would
take the stand and tell his own
story.
Coart's Own Story
| at have lain in Jail 1913 days wait.
| ing for a chance to tell my story,
Coart began. "I wish to say that
none of the stories that have ap-
peare d in the newspapers nor any of
| the propaganda that has been going
| the rounds has peen true. also
wish to state that none of this prop
aganera has emanated from me or
my attorneys"
The witnessthen proceeded to give
details. of various incidents in the
| alleged intimate association of Nc
| Niece and Mrs. Coart. "In the lat
ter part Of May. 1921" he continued.
81 had a very frank talk with Mr..
McNieose, when he admitted his ad
| nniration for my wife. He said that