Birmingham Age Herald

THE STATE RESTS
And the
Defense Attempts
to
Prove Alibis
FOR THE STRIKING MINERS
Now on Trial Charged With the
Murder of Officer Tierce
Near Pratts.

The preliminary trial of the thirteen
striking miners charged with the murder
of G. W. Tierce, a guard at Pratt mines,
July 16, did not end yesterday as it was un-
derstood it would do.

The prosecution conducted its testimony
before noon, and immediately Mr. Strange,
counsel for defense, moved the discharge of
Emile Gadhle, but the motion was over-
rules. After this witnesses were called for
the defense, by whom the defense tried to
prove an alibi. Only a few witnesses had
been examined in behalf of the defense
when at 3:30 court adjourned until 9 o'clock
Monday morning. It will probably take
two or three days to finish the testimony.

When court convened yesterday morning
the state called to the stand

WILLIAM BARGE, COLORED.

He said: "I was working in No. 6 the day
of the riot. I came out of the mine in the
afternoon, and was going to the railroad to
get on the train. I saw the mob coming
down the road toward me. I saw both
white men and negroes. When they got
close they called to me to throw up my
hands, and somebody shot me, but I didn't
know who it was. I was shot in both legs.
They had shotguns. I didn't know any of
the crowd. The white men did not have
their faces blacked. I met Andy Gamble
there, but didn't see him get shot. After
being shot I went back to the mine. The
mob went toward Ensley City."

BOB STEVENS.

"I heard the shooting the day of the
riot. About 6 o'clock I was returning
from No. 4, and when near home saw
Francis Brawley walking in the direction
of No. 4."

GEORGE SANDERS, COLORED.

"I am a wagon driver, and saw one shot
at Pratt mines. I didn't see the mob, but
saw a man on the track down by the 'lot.
He shot a colored man. I saw several other
men there at the same time. That was
about 200 yards from the furnace. The
man the shot was fired at fell."

BOB THOMAS.

"I know D. Truillious, and on the day
of the riot he told me there was going to be
trouble down about No. 6. He asked me
if I had a gun, but didn't ask me to loan it
to him. I told him I might need it. That
was between 2 and 3 o'clock p. m. July
16."

When Mr. Thomas retired from the
stand Solicitor Little and Mr. Saulsbury
consulted for a minute or two and then
Solicitor Little announced that the "state
rests."

Mr. Strange. "If your honors please,
I move the discharge of Gadhle (not Goatile
as has been written heretofore) on the
ground that evidence against him is not
sufficient."

Counsel for defense were granted a few
minutes in which to consult with their
clients pending the decision of the court.
On their return the court stated that the
motion to discharge Gadhle was over-
rules.

MRS. ERNEST MOTT
was then put on the stand by the defense.
Mrs. Mott said she saw Emile Gadhle about
1:30 o'clock, July 16, going in the direc-
tion of her father's. She did not see him
any more that day. That was in Pratt
City.

Mrs. Alfred Mott testified to about the
same facts as did Mrs. Ernest Mott, except
that she saw him coming home about 7:30
that evening. She had no talk with him.

Tony Fayette is a brother-in-law to
Gadhle. Witness said he left Gadhle at
his home about 4 o'clock or a little later.
He saw him no more that day. He got to
the house about 3 o'clock. It is about a
mile from Mr. Fayette's to slope No. 6, and
about three-quarters to No. 3.

Mrs. Besiere does not speak English, and
Mrs. Gadhle, wife of one of the defend-
ants, was selected as interpreter. Witness
said she saw Gadhle about 2:30 p. m. at the
brick yard. He was going towards Mr.
Fayette's. Witness said she saw him cut-
ting millet at Mrs. Fayette's about 4
o'clock. She did not see him any more.

Mrs. A. Besiere said she saw Gadhle
about 5 p. m. July 16. He came to her
back fence and asked if she had heard any
news of her husband, who had gone off.
Mrs. Gadhle acted as interpreter for Mrs.
Besiere.

Mrs. Albert Thomas is another French
woman who can not speak English.
Madame Calliot was interpreter. Witness
saw Gadhle cutting millet at Mr. Fay-
ette's about 6 o'clock. She first saw him
at her house about 3 o'clock.

Court here adjourned until 2:30 p. m.

Mrs. Walton saw Charlie Caldwell in
Pratt City between 3 and 4 o'clock in the
afternoon of July 16.

Mrs. Harding saw Caldwell pass her
house in Pratt City going in the direction
of Ensley City a little after 4 o'clock July
16. He had a whip in his hand. She saw
him about ten or fifteen minutes after the
shooting. He went towards Ensley but
was not gone long. It was before the
shooting he went down the road. It was
some time after the shooting before she
saw him again.

CHARLIE CALDWELL.
Caldwell is one of the defendants. Said
he: "I live at Pratt City, and was a driver
at the mines. I was at home until after 4
o'clock in the afternoon of July 16. I then
went down into the old field after the cows.
I had a whip, but no weapon. I went down
the dummy line to the Kansas City cross-
ing. I saw the mob after I got back to the
Kansas City crossing. They were ahead of
me. I was up on the railroad where the
first shooting occurred. I had a little talk
with Mrs. Smith. She asked me if there
was any danger of her husband being
killed. I asked her if he was a blackleg,
and said it was not necessary for him to
work, as he could go and draw his rations
and live. I was not at the meeting on Vil-
lage creek and was not with the mob and
had nothing to do with the shooting. I
wasn't nearer than 100 yards to the mob. I
saw some of the shooting. I don't know
whether they were white men or negroes.
I won't be sure they were men or women.
Didn't know anybody in the mob. I saw
some of the mob when they were shoot-
ing."

When Caldwell finished his statement,
on motion of Colonel Altman court ad-
joumed until 9 o'clock Monday morning.