The Birmingham age-herald., 1923-07-08
WIFE. DEFENDANT. PAINTS WIEN END
 IF HEARING COMES
Testimony At Preliminary Says Husband Cursed Wife
 With Dying Breath
ANNISTON BUREAU l
 THE AGE-HERALD

Anniston, Ala, July
 Attorneys for Mrs. Evelyn Sue bride, 24, charged with shooting ing and killing her husband, Lieut. James c. Rickner in his quarters at Camp Mcclellan on the night of June 29, won the first swkirmish in the battle for her life today when Judge J. B. Holman. Jr., holding his first court in Calhoun county inferior court, ruled that Mrs. Rickner be ad- mitted to bail in the sum of S3,000 on charge of murder.
 Judge Holmans ruling followed ar raignment of Mrs. Rickner at a pre- liminary hearing Saturday when state testimony alone was offered. The defense contented itself with cross examination of the state wit nesses. chiefly army men who were near the scene of the shooting when 1t occurred.
 Friends of Mrs. Rickner announced shortly after the hearing was con- cluded that bond would be made. Prisoner Faints.
 The prisoner herself did not hear the judges decision that she was to be allowed her liberty until the Sep tember term of circuit court. Over, come by the frtense heat generated In the congested court room, she fainted away, to be caught in the arms of her brother, Harry Elder, when Assistant Solicitor James E. Matthews. conducting the states case asked Judge Holman to hold the de- fendant without bond for grand jury investI gation. The grand jury does not organize until September
 Mrs. Rickner was carried from the room in the arm of her brother. She was revived after several minutes in the open air. Judge Hugh D. Merrill, speaker of the Alabama house of rep resentatives, her attorney, advised her of the courts ruling as she sat in the portico of the court house.
 Her fainting spell rendered Mrs. Rfckner weak and she was compelled to rest for several minutes more be- fore being placed In an automobile by Sheriff W. P. Knighton and es- corted back to the Calhoun county iail. She has been In a jail cell since being turned over to the civil au- thorities by camp officers the night of the tragedy. Mrs. H. F. Green. Capt. Sam Hardaman, member or the medical corps, and other friends who had stood by her during the try ing ordeal of the hot July day, ac- companied the former happy Arizona school girl to her place of conflne- ment.
 When Judge Holman announced his ruling, Judge Merrill thanked the court for the action taken on behalf of his client.
 Applause In Court.
 A wave of handclapping which followed the ruling subsided when Judge Holman sharply called Tor or der and threatened to cite disturbers for contempt of his court. Although onuaral nf his deDu- ties were out of the room, In attend ance upon Mrs. Rickner, Judge Hol- mans positive manner was an effec- tive medium for obtaining quiet.
 Many of the curious peered through the open windows toward Mrs, Rickner as she was being re- yiyed. Feeling in the court room, as eyidenced bv the demonstration. was decidedly friendly toward the young self-made widow.
 Mrs. Rickner's case had attracted much attention In Annlston ana at the camp, sympathies of the towns people being directed toward her. As early as o'clock this morning crowds began collecting at the court house. anxious to procure seats af- fording the best view of the pro, ceedings and the principals. Speciai deputies were assigned to handle the crowds.
 The prisoner, escorted by Sheriff Knighton, a deputy and her brother who had come from lndlanapoIis, Ind, where Mrs. Julia Elder the mother. lives, appeared nervous as she entered the court room shortly before II o'clock. She wore blue cloak over a blue dress and a white veil was drawn over her hat. Her three year old daughter, Marylyn. an attractive mite, stroKeu ner
 hn q cry began to grind. Mrs. Rlckner regained her composure, marked during her stay in the jail, as the hearing wore on.
 o O o
 Dying Breath Curse L.,
 Consensus of testimony g'Ven uy state witnesses bore out that bieu- tenant Rickner had cursed his wiie with his dying breath. ,
 "Grab that woman, o Goo' m shot were his last words oefore slumping into unconsciousness' oli'- cers who were near the scene s"ore on the stand ,,, officer, was the first witness to take inc stand. He testified that gun shot wound killed the officer Tie admitted upon cross examination that he knew nothing of the snoot- ing of his own knowledse. Capt' ,t Charles F. Craig testified that Mrs, Rickner asked of her husband when she came to his quarters the night or the shooting. She was told he was in the bathroom Shortly after came the sound of a shot and a halr groan, half scream, with the, woros, I'm shot; that woman has shot me- grab her" -.,s,od that Mrs. Rickner handed him the plstoi with one cartridge eXpIodeu ai9 ne bore out in the main testimony or otber officers as to incidents lead ing up to the shooting. ,,,, .H.
 Pvt Lotion Crawford testifled tnat he heard a pistol shot and saw Mss' tss Rickner hand a revolver 10 an p.ll- cer. saving, Get Rick, I've shot nm I will be here if you want me, ai,o tha that she went in the direction ol tnT mess hall. He did not see pistol when Mrs. Rickner entered her nus bands quarters, he said. ..
 fudge Holman adjourned court shortly after noon until l.3o oclock' Big Afternoon Crowd.
 When the afternoon session peSah' Lieutenant Cobb of the Elghth m an try was the first witness called to the stand. The morning crowd whlch had thinned out before noon' hao returned, in expectation of more ln- timate details,
 Lieutenant Cobb swore that he had heard nothing out of the ordlldry before the shot was fired ana lhat he heard groans of a man ana the screams of a child following the eX- pIosion. He also testified he saw Mrs. Rickner leaving the building and saw Lieutenant Rickner in the hallway on the floor. Rickner looked toward him as he approached,