Show ISTRY I OF ThE KILlNG I i Witnesses Tell Iiow Norton Williams Met Death WAS ACTING AS PEACEMAKER I I I Shot Fired by Garland Was Intended il for William G Hopkins Whom 1 Williams Was Attempting to Prevent Pre-vent From Fighting With Garland Dr 1 A Anderson Didnt Want to Testify Unless Ho Was Guaranteed II I I Guaran-teed Expert Witness Fees but Judge Morse Ordered Him To I wan 3 oclock yesterday afternoon before the additional two jurors to make up the Jury of eight was secured se-cured to try Frank C Garland for murder mur-der In the second degree for the killing of Norton Williams at Blngham lat December During the day eleven Jurors I Jur-ors were examined six Qf whom wcro I excused peremptorily by the defense and LIlies by the State and two accepted ac-cepted I Those excused by the defense were William J Crovvthers Thomas E Taylor Tay-lor Thomas J Bowdcn George D Py per W H Foster and Joseph II Cox Those excused ctoy the Stale were Charles H Fowler Daniel Clays and Henry Bills The Jury as sworn to try I the case Is composed of the following William D IVooIley John Southerland William Hurd Jones Anderson Jacob M Wcller Carl Soderlund Robert W Campbell and Barton Snarr District Attorney I2lchnor in his I opening statement told of the row in the I saloon at Biugham of which Garland was part owner and In which he was acting as bartender Garland he said called a man named Hopkins a vile I name and when It looked as if HopI Hop-I kins and Garland were going to light Norton Williams seized Hopkins and pulled him away and then counsel said Garland shot supposedly intendIng Intend-ing to hit Hopkins but the bullet struck Williams indicting a wound on the forehead from which he died six days afterward Counsel stated that the defendant was the first porson to use Insulting language thereby precipitating I I pre-cipitating the row The defense reserved Its opening statoment until the close of the caso for the State I WANTED EXPERT FEES The first witness called was Dr H A Anderson who before taking the witness stand asked the court ICho was expected to testify a an expert witness or as a layman and I the I former If he would receive experts fees The court said that was a matter for the District Attorney to arrange The doclpr then described the wound In Nortons forchoad What caused his death asked Mr deoth Elehn0 1 As n lay witness I have no right to express an opinion replied the witness wit-ness nessAs As Dr Anderson what would you say caused his death 1 Judge Powers objecled to the question ques-tion and raised a laugh when he gave as grounds for his objection that as arrangements had not been made to pay the doctor expert fees the question was an attempt to take private property prop-erty the doctors knowledge without compensrtor and therefore unconstitutional unconsti-tutional The doctor also objected to answer until the matter of foes was arranged but the court instructed him I to answer the question lie said a bul let wound In the forehead caused death I In crossexamination the witness said Williams might not havo died If he had received proper medical treatment treat-ment STORY OF AN EYEWITNESS Charles Olson who was In the saloon sa-loon at the time of the shooting testified tes-tified that Garland had admonished the people In the saloon to cease ma king a disturbance Garland said he would show the s of bs that he was running the house Hopkins resented the language and struck at Garland over the bar Williams got hold of Hopkins and pulled him away Garland Gar-land got his gun and shot Williams After the shooting Garland said to Hopkins that ho was the dn cur he shot at and he was sorry he hadnt hit him On crossexamination the witness said Williams Hopkins and Willis were all drunk wrestling and falling on the floor of the saloon They also used bad language before Garland did Hopkins Invited Garland out from be hind the bar to fight Hopkins was very boisterous He broke away from Williams who was pulling him back and rushed at Garland I was then that Garland pulled the gun Fred Strickley testified that Garland called Hopkins a s eta 1 and Hop kins became angry and wanted to fight Garland Ills account of the shoot Ing corresponded in the main with that ojC the previous witness morning Court adjourned until 10 oclock this |