Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-09-22

any charges against him.
"Hames insisted, however, that he
knew Stigall was crooked and said;
81 am going to get Stigall to-
morrow night, one way or another.
"Hames attitude was very vi
cious."
Judge HUMPHREYS ruled out the
word vicious.
Warned StigaH
''I communicated Hames' threat to
Stigali and advised him to be on
his guard" Mr.. Armistead said.
Asked regarding the police com
mittee's eXoneratiOn of Stigall,
Chairman Armistead declared the
committee had taken that action
after hearing from a number of
witnesses, all Of whom, he said, de.
clared Stigall fired in self-defense.
Did you or not compliment him
on his workmanship" Solicitor Boy
kin asked.
II complimented Stigall on his
craftsmanship" the chairman an
swered, land also on his ability to
protect himself against three men
who attacked him while on duty.
told him I had rather see ten men
of Hames' character killed than to
have one courageous, trustworthy
officer slain while in the discharge
of his duty"
isn't it true" asked the. solicitor,
that you saw Hames at the hospital
but did not question him regarding
this affair?'
"I did see Hames," Chairman-Armi-
stead answered, but the doctors told
me he was in a dying condition ana
I did not presume to question him. "
Didn't Question Victims
''Kirk and Stanton weren't dy'
ing?" the solicitor asked.
mo" was the answer.
did you question them?'
mo. 1 did not see them"
"Then you made no attempt" the
solicitor continued, ''to find out
their side of the shooting?"
mo" the chairman replied. i
knew enough about the affair. l
knew that Stigall was honest, trust
worthy. coura geous. daring and ef-
ficient as an officer. I knew that
he would not shoot except in self
Defense"
Solicitor Boykin objected to this
statement and Judge HUMPHREYS
ruled out the eulogistic portions OF
Chairman Armistead's testimony.
Just before Chairman Armistead
took the stand Councilman Cooper
and Beall had testified in defense
of Stigall
Bitter legal clashes between op
posing counsel regarding the al
instability of alleged dying stare
ments by w. H. Hames, to the Ell
feet that "Stigall shot me Witho II
any cause" featured the beginning
Of the third days session.
r. L. Dixon. the first witness
called, testified regarding Hames
statement. He said that all the way
from the scene of the shooting tt
the hospital the stricken man con
tinually protested that he had beer
shot without provocation.
Attorney James A. Branch inter
posed a vigorous objection to thl
part of DiXon's testimony on the
ground that it was given in answer
to a question asked Hames by Dix
on. Judge HUMPHREYS allowed it in
however.
Raid Angle Opposed
Another sharp tilt came when thu
state attempted to prove by Deput,
Sheriff j. E. Nelms that Stigall kill
ed Hames and shot Ernest Stanton
and J. H. Kirk to prevent a raid thu
trio were planning for the night O.
August II On two houses at 1853 an(
$40 East North avenue.
Solicitor Boykin protested that ties
timony regarding the planned rait
was competent because of Kinks
statement on the stand to the effec1
that the trio had information thai
Stigall intended to pilot a liquor cal
to these houses on that evening.
Solicitor Boykin asked the witness
If Alderman Jesse Armistead haC
planned to accompany the raidin&
party. Before defense council coulC
interpose an objection, the witness
had answered in the affirmative.
Judge HUMPHREYS ruled out of the
record all testimony regarding the
raid that was planned on the ground
that it was never consummated anC
was not material to the case.
Fred Roberts, who lives near the
scene of the shooting, was placed or
the stand and testified that after
the shooting Stigall reloaded his
gun, placed it in his pocket anC
drove away in a closed automobile
in which he had arrived.
Assistant Solicitor Ed A. Stephens
was then placed on the stand as the
last witness for the state to testify
regarding the preparation of a mar
of the locality. The state ther
rested.
Stigall Defense Opens
The defense opened by callins
Councilman j. A. Beall, a member
Of the police committee. Attorney
Howard said his examination wa,
to show by Mr.. Beall that threat:
had been made by Hames agains
Stigall a short time prior to the
shooting. Mr.. Beall told of meet
ing Kirk and Hames on the street
Kirk approached him with the re
quest that he be reinstated, Mr.. Beal
stated. A few minutes later, he said
he met Hames on the street, anC
told Hames he had just seen Kirk
Hames, he said, asked if he was
going to reinstate Kirk. Mr.. Beal
said he told Hames he was not.
Mr.. Beall said Hames replied
YOU reinstated StigalI, so why cam
you reinstate kirk"
He said Hames declared Stigal
was not half the man Kirk was, tc
which Councilman Beall said he re
piled: "You had better not tell that
to Stigall or Stigall will fix you fol
it."
He said Hames replied: "Stigall
had better not follow me or I'll Kill
him like [ would snake"
Councilman Cooper testified that
Hames had complained to him two
days before the shooting that Stigall
was protecting bootleggers, and that
he wanted a chance to show the pc
lice committee that Stigall was
Crooked"
Councilman Cooper said that
Hames made no threats against
tSigall in his presence, and that he