The age-herald., 1900-05-13
Defendants Will Go on the
 Stand.
MILLER SAYS HE WILL TELL TRUTH
Defense is Trying to Establish an Alibi for Duncan, and That New York Harry" Fired the
 Fatal Shots

The first week of the trial of John Man ming, alias Frank Miller, and Frank Dun can, for the murder of Policemen l. Ii. Adams and G. w. Kirkley on the night or March 2 ended at o'clock yesterday att ernoen.
 The defense has two three more Wit nesses to examine and then the defend- ents, Miller and Duncan, will go on the stand. It Is probable that the greater part of tomorrow will be consumed in the talk ing of testimony. Another day, at least, will be required in which to argue the case, thus keeping it from the jury until the middle of the week, or perhaps ater'
 MT. Poncellor, counsel for Duncan, an nounced to the court late yesterday alt ernoon that he had just received informa- tion that a young man named Charles u. Baldwin had witnessed the tragedy on that fateful night of March 27, and that he had directed the clerk to issue a subpoena for him. He asked the indulgence of the court until this witness could be found, and the request was granted If Baldwin can be found he will go on the stand tomorrow morning. Mir. Montgomery said he had one or two other witnesses to examine in be- half of Miller, and he would then close.
 After getting through with all the other witnesses Miller and Duncan, the defend- ants will take the stand. Miller says he intends telling the whole truth about the killing. He became very much irretated at Frank Edwards, otherwise known as "Shen- andoah Red," yesterday afternoon while the latter was the stand, and cried out to him. Why don't you tell the truthY l
 h frCt of all this; I've got no lawyers and no wit nesses.'
 This was while Edwards was telling of the movements of the defendants during the afternoon and evening proceeding the killing of the officers Adams and Kirkley.
 No indication has been given as to the nature of Duncan's testimony, though it is known he will deny being with Miller at the time of the tragedy. Miller says New York Harry fired both of the fatal shots and that Duncan was not with him at the time.
 During the past two days the number of spectators has decreased, due probably to an order issued by Judge Greene that the doors must be closed and no one allowed to enter or leave the room while wisness is being examined. Papers have been nailed over the glass doors leading into the hall and the clerks office to prevent crowds gathering outside the room.
 Morning Session
 Court was called to order at $40 o'clock yesterday morning, and John Littlejohn was recalled by the defense for the purpose of identifying Jim Perry, colored, who tes- tifed that he saw the shooting of the po- Hcemen and afterwards went to the county jail to identify Miller and Duncan In an swer to questions asked by MT. Montgom- cry the witness said Miller was placed in line only one time. GJim Perry was brought into the court room and Littlejohn said he hir,ap flaa iafl of the cell and put in line and then the ne- gro was taken back down stairs and Miller taken back to the cell and Duncan brought out and put in line The coIored fellow came upstairs again and looked at the line, started back and got about half way down stairs and then turned around and came back. l was called out of the line and don't know what he said did. I don't Know what place in the line Miller and Duncan stood. I was there every time any body came to identify the defendants. That is the only time anybody came to identify them. My duty on the inside is to look after the cells. Perry didn't go down stairs with Mr. Hirschcr He went with me. Perry made no remark when he looked at the line Miller was in.
 Cross: I am stevedore at the county jail All my attention was not on what was go- ing on while Perry was present I got the prisoners and put them in line I was in the line. Mr. Hirscher told me what pris- oners to get out and that the negro was there to identify Miller and Duncan. The prisoners were lined up upstairs Miller and Duncan were not in line at the same time. I was convicted of murder'
 Re-Direct-"My case is still pending in the courts. I have been trusty about thirteen or fourteen months. was tried in the United States court. I was a farm CT and live in Coosa county"
 Joe Pate was called to testify about the efforts to identify the defendants. He said: II remember when Miller and Duncan were brought to the county jail, and re- member the time when I was put in line with them. A white man first came up and looked at us.''
 Jim Perry was brought in and witness said he was one of the negroes who went to the jail to identify Miller and Duncan
 We were put in line Miller was first put in line and Perry came up and looked at us and then went down stairs. He never said anything while upstairs. Miller and Duncan were not in the line at the same time. Perry came upstairs the third time."
 Cross-"I am sure Miller was taken back to the cell before Duncan was put in line. was in the line. I am in jail for murder and have been convicted in this court for larceny"
 Re-Direet--"I am not confined in the same cell with Miller or Duncan. To get from the department where I stay to Mill ler's cell one has to pass through a door. which Is kept close2. I am inside steve-