The age-herald., 1900-05-10
OFFICER BODEKER ON
 THE WITNESS STAND
Gave Damaging Evidence Against the Alleged Mur-
 derers of Officers Kirkey and Adams.

went as Tar up 1IlTu dN6Hut do opOos
 half the length of the Stag saloon. l saw
 him shoot twice. There is an electric light
 on the corner. I saw some people who seemed to be getting out of tn way. Some
 went in the saloon, some up Third avenue
 ani some on Twentieth street. I have been
 left off the police force since the shoot
 iig I was suspended on the charge or
 cowardice just after the shooting" The statement was made by MT. Fergu-
 sen that the charge of cowardice was not
 sustained.
 Cross-examination continued-'I first
 saw MT, Kirkley when the shots were
 fired. I did not recognize any one else at the time of the shooting. got there a few seconds after the shooting. Officer Men asco was with me. Officer Patton was with me when I picked up the coat. Cap tain Weir and other officers were near there. Percy Olmstead was on the corner of Third avenue and Twenty-first street when picked up the coat. l gave the coat to Captain Weir. At that time Ohm stead said something about a negro throw ing it down. I had my back turned when the shooting occurred. I turned while the shooting was going on. I did not see Ad- ans or Kirkley in charge of any one that
 night"
 ". D. Paris
 w. D. Paris, democratic nominee for cor
 oner was the next witness. He said: 'l
 was in Twentieth. between Second and
 Third avenues, when Officers Adams and
 Kirkley were shot. saw the shooting but
 not the first of it. I saw man cross Twen-
 tieth street and go up Third avenue. AS he
 crossed the street he was shooting. The
 last time I saw him he was near the water
 ing place, near the corner of Third avenue
 and Twentieth street. l think he had on
 light colored overcoat. (Was shown coat
 and said it was light like one the man had
 on) Saw him fire three times. Don't know
 how many shots were fired. Saw policemen
 shoot. Couldn't see all the people"
 Cross-examination-"I was standing near
 Barber's drug store. Didn't see first shot,
 and that attracted my attention. Couldn't
 tell who fired first shot. First shot 1 saw
 was fired by this man in the street Saw
 flashes from the pistols. There were others
 about on sidewalk. The man in the street
 was in clear view and under an electric
 light. Barber's drug store is almost half
 way from Third avenue to Second avenue.
 Think I was about thirty yards from the man who was doing the shooting. Never
 saw the defendants until they were brought in court Monday. The man I saw shooting louAed to be good sized man. Duncan stand ing) The man I saw shooting looked to be a larger man than that one. I was not close enough to recognize his features"
 Solicitor Ferguson asked MT. McCrossin if he objected to Duncan putting the overcoat. The court stated that the sug- gestion was not a proper one and counsel for the defense reserved an exception to the suggestion. The state withdrew the suggestion
 Cliff Cahoon was the next witness called.
 MT. Montgomery asked permission to speak to the witness before he testified, stating that he had also been subpoenaed for the defense and that he had not had time to speak to him. The court stated that as the state was putting him the stand the defense had no right to confer with him. Judge Montgomery said he understood this but thought perhaps the state would ex-
 tend this courtesy. Putting the request on this ground the state agreed for counsel for the defense to confer with the witness When the witness again took the stand he was excused by the state.
 II. A.Smith
 H. A. Smith, the next witness. said: Il live at West End and was living there
 in March. I remember the night the po- licemen are said to have been shot I was In the neighborhood of the Standard Oil
 company the evening before that I talked
 with two men there, and it is my judg-
 ment the defendants are the men. They sat down and began talking They asked how far 1t was to Fourteenth street (Ob- Jections by the defense and state did not
 insist on answer.) I was at Eleventh | avenue, south and Sixteenth street Had | not seen defendants since then until Mon ooy' nave uOl lnem tdlk. The place where I saw them is between a quar- ter and half a mile from Standard Oil company. Objection overruled and ex- ception recorded) They said nothing about the Standard Oil company. They asked me how far it was to Eleventh ave-
 nue and Fourteenth street, and if the po- | lice ever came over there Objection overruled.) Duncan asked the questions and the other one was close enough to hear. It was about 430 o'clock in the af- | ternoon of the day on which the police
 men were shot. Meredith Wilson was with me-
 MT. Montgomery moved to strike out the evidence of the witness on the ground that 1t was incompetent and irrelevant. (Overruled and exception noted.). Witness was not cross-examined. The next witness was Meredith Wilson: "I know H. A. Smith. I know the time the police officers were shot. I was with Smith on Eleventh avenue and Sixteenth street that day. While waiting for car two men came up and began asking Smith questions I did not know the men, heard one of them ask if the police ever came into that part of town. The de- fendants resemble the. two men I saw there'
 Cross-examnation-' didn't take par tocular notice of the men to what was said; didn't notice their clothes nor their appearance.
 tOmcer c. H. Bodeker Special Officer George H. Bodeker who has played prominent role in the case
 was next called by the state and to Mr. Ferguson's interrogatives said:
 q am police officer. I arrested Duncan
 in Chattanooga on the charge of safe
 blowing. (Motion of Duncan's counsel to
 rule evidence out overruled and exception
 reserved.) I didn't find anything in the
 house where arrested Duncan. (Handed
 pistol by Solicitor Ferguson.) My best
 judgmCn, is this is a pistol got at police
 headquarters in Chattanooga. Objection
 by defense.) No threats or inducements
 were made to induce Duncan to make
 statement about the pistol I asked him
 in the Jefferson county jail which was his
 pistol and he said the smallest one. (Wft-
 ness said he brought back three pistols
 from Chattanooga.) This is the smallest
 of the three pistols brought back. (Ob-
 Jcction by defense overruied) One of the
 pistols was a Colts, one a Harrington &
 Richardson and the other hammerless
 pearl-handled Smith & Wesson. told
 Duncan what kind of pistols they were and
 he said the smallest was his. Collection