The age-herald., 1898-09-24

dS to IdylOT S ulSdppedIdiCe lhc ploSSSo- tion belivng that he was frightened off or induced to leave in order to weaken the case, while the defense is putting forward the theory that Taylor is being detained by the prosecution in order to throw them off their guard.
 Trial Resumed Shortly after court had convened, Cap tain B. w. Bell, who has worked up the evidence in the case took the stand and stated that he was special officer of the department of justice and that his duties were to run down parties guilty of intimi- dating and murdering government wit nesses. He further stated that he had been at work investigati ting the death of w. A. Thompson since July last, and had visited the scene of the murder and had made care full investigation of the surroundings. Cap tain Bell went into the details of his inves- tigation, telling how he had worked up the evidence and by what means he came into possession of the gun,- pistol, still. shoes and other articles that play such prominent parts in the trial.
 When Captain Bell had concluded his tes- timony Assistant District Attorney Pleas ants offered the testimony of Bob Taylor given before United States Commissioner Wilson on the preliminary hearing of the case.
 Attorney Lee Cowart was on his feet in a moment and interposed objection, at the same time remarking: My friend, MT. Peasants, must be joking He cannot se- riously think that this evidence is admissi- ble?"
 "No. sir" replied Mr. Pleasants, "I was never more serious in my life. This evil dence is admissible 1 believe, and l have authorities here to show such is the case.
 If was then almost 12 o'clock, and Judge Bruce decided to adjourn until o,clock' stating that he would hear rom the a.- torneys at that hour.
 Proved TayIors Absence
 When court convened for the afternoon session, Assistant District Attorney David son again offered Taylor's testimony and stated that he desired to introduce Wit uesses to prove that Taylor was beyond the jurisdiction of the court. He offered the attachment which was issued Tor layiof and returned unanswered.
 Marshall Cooper was sworn and testlned that he and his deputies had made an un- successful attempt to apprehend the miss ing man and that a reward Of $zoo had been offered for hi capture.
 Deputy Marshal Ashley and Captain Bell also testified to Taylor's disappearance and that every effort had been made to ind him.
 Svl Daily, one of the wardens of the  Taylor had been confined as prisoner in the iail He also testified that he had re- ceived notice of his escape.
 Mrs. Taylor, wife of the missing witness, was called and stated that she did not know the whereabouts of her husband
 Commis sioner Wilson
 The next witness was Commissioner Will son, who testified that he had examined Taylor as a witness in the preliminary trial of Chess Notes. Dodger Blankenship and John Littejohn that Walter Notes and Jasper Robinson were arrested in the court room during the progress of the trial and that by agreement the case against them was continued until the case at bar was con- cluded, when they waived examination and were bound oyer The government brought out the fact that Walter Notes and Jasper Robinson were in the court room at the time that Taylor made his. statement.
 MT. Davidson, for the government, then addressed the court in support of the legal ity of Taylors statement being introduced and quoted a number of authorities on the point at issue. He undertook to show that the constitutional right of a defendant to be confronted by the witnesses against him was obviated in some instances, especially where the witness was beyond the jurisdic- ton of the court.
 Attorney Weaver, for the defense, quoted several authorities in support of their posi- ton, and was followed by Attorney Cowart. who especially dwelt upon the fact that the defendants, Walter Notes and Jasper Rob- inson, were not on trial at the time that Taylor's statement was made
 Admit ted the Testimony
 At the conclusion of Mr. CoWart's argu- ment, Judge Bruce announced that he did not care to hear further on the point. 1n carefully delivered opinion he sustained the governments position and admitted Taylor's statement.
 Attorney Weaver, for the defense again interposed an objection on the ground that the admission of an accompice made after the commission of a crime would not be good against the others
 This objection was also overruled by the court, and the defense reserved an excep- ton.
 The defendants appeared to be greatly disappointed that the statement would be introduced and moved about nervously in their chairs until Assistant District Aitor- ney Davidson began to read, when they gave marked attention, never moving their eyes from him during the reading.
 Taylor's Statement
 Taylor's statement which was In type written form and had been signed by him, was read as follows:
 'I am one of tho defendants in this case. live in Talad6sa county, about ten mics from Sylacauga, near the line of Coosa county. I am about s years of age and have known Chess Notes, John LittIejohn and Dodge Blankenship nearly all my life. I knew Doc Thompson about eight or ten years before his death, which occurred on March IA, 1898. Thompson had been to Syl- acauga on the morning of the day that