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Show - 9 tol and firpd, wounding t'a man Jn the abdomen. i Court waa then adjourned until 2 p. m, Clarence Ernst, the prisoner, was present at the hearing and assisted bis attorney in examining the wit. ncsses. He seemed disconsolate over the proceeding and at times sat with his head bowed in his hands. His wife, who occupied a seat without the railing, was an attentive listener to the testimony and apparently felt the gravity of the case keenly. s EYE WITNESS. TO KILLING : - TESTIFIES -I CLARENCE ERNST HAS PRELIMINARY PRELIMI-NARY HEARING IN COURT r ( T. J. Terror Saw Ernst Shoot Staples in Front of Pool Room Card j G?me Started the Trouble. J Tho preliminary- hearing of uhe charge of murder against Clarence Krnst, colored, who shot Charles Staples, colored, was commenced in municipal court thlJ morning; a number num-ber of witnesses being examined. " The witnesses already subpnened for their testimony In the case include in-clude Drs. J. W. Pldcock and W. J. Browning, Jailor Hagbert Anderson, Undertaker E. A. Larkln, Chief or Po- lice T. K Browning, Detective Pen-1 der. Officer Lavne. C. E. Lane, T. J. I Terror. Robert Giles, Henry Page, : James Hadvlll. W. I. Hall. William ( Mallory, William Jackson, David Logan Lo-gan and Sergeant B. Ternes. j Most of these witnesses were pres- j cnt at the morning session of court i and. at the request of the attorney for the defeuse, were" excluded fronj the hearing of the testimony ai t was given by each individual examined. 1 Only two witnesses were examined this hiorning. The first was T. J. ; Terror, the colored stable boy who was acquainted with Staples, and attempted at-tempted to preent the latter's return to Ernest's place on Lincoln avenue, , a few minutes before he was shot; and James Han ill. colored, who was also a witness to the actual shooting as j well as the trouble over a card game t which occurred shortly before the j shooting1. Both men told practically the same stories regarding the affair as they related at the time of the -coroner's inques .t Terror stated that he had known J Staples for a number of years, having j met him at various race meets, In- eluding those at New Orleans and i New York. Te said that Staples was a race-track follower and that-he left New York on account fo the closing of the racing game in that state. Staples was one who drank occasionally occasion-ally and sometimes became intoxicated. intoxicat-ed. Terror stated that he had been a stable boy and had been an exercises of racing horses for about eight years and while working in that capacity had seen Staples at various times ! hanging about the tracks and betting ' rings where he apparently made- his living. Terror stated that he was in Ernst's pool room on the night of I he killing and was present when Staples became involved, in an altercation with Giles, the dealer in a game of Black Jack. Fearing that the quarrel might result in Something serious, the witness ran out of the place In company with others, and afterward met Staples at tha Board of Trade saloon. Staples started out to return to the pool room and Terror went after him, catching him by the arm, and attempting to induce in-duce him not to go in that direction as he feared there would be trouble. Staples broke away from Terror and started on toward Ernst's place, In front of which he encounledel Ernst who, after, warning Staples not to come near him. shot him with a revolver. re-volver. Witness then told how Staples had walked hack to tho bootblack stand on the corner and sat down. James Harvill, the next witness, related re-lated the details of the card game from which It would appear that Staples, after losing several times, had made a winning, which was denied de-nied by the dealer, wliercupon Staples had reached for the money on the table. Giles, the dealer, it appeared, had succeeded in snatching the money first and bad hurried out of the room through the barber shop. In escaping escap-ing from his pursuer, Giles had dodged dodg-ed between the stove and the wall, a space too narrow for Staples, a larger man. to follow him. This had given Giles tho opportunity to escape to tho street, where Staples chased him for some distance. Harvill then told how Staples had returned to tho place shortly afterward, after-ward, drunk and staggering. He stated stat-ed that someone had advised Ernst to shut tho door and keep Staples from entering, but that Ernst had replied that it would do no good as Staples would probably force his way in and break up the place anyway. Ernst then wont out on the sidewalk and as Staples came up, ho warned the latter lat-ter to ko away, sayinc: "Keep away from here. now. I'm afraid of you and ru invariably try to break up my plaoe of business when you come into it." Staples, who had his hands folded across his abdomen in a rather unusual un-usual manner, continued to advance toward the' door of the. -poolroom, whereupon Ernst, who was standing on the outer edee of the sidewalk, at an angle from the direction in which Staples was advancing, drew hlb pis- |