The age-herald., 1900-05-15
When States Attorney Question: ed Him Concerning Robbery. THE DEFENSE RESTS ITS CASE Only One More Witness in Rebuttal and the Arguments Will Begin
 May Go to the Jury
 This Afternoon
THE DEFENSE RESTS ITS CASE

The trial of John Manning, alias Frank Miller, and Frank Duncan, charged with the murder of Policeman J. H. Adams which was begun in the criminal court on Monday, May 2, is nearing an end, and the case will be given to the jury either this afternoon or tomorrow, and the verdict is awaited with much interest The evidence is practically all in, and the fate of the defendants rests with the jury. The state will recall B. F. Phillips to the stand this morning. Mr. Phillips went on the train to Anniston with Miller and Fay a day or two after the shooting, and on reaching Anniston had them arrested. In their statements in court Miller, Fay and Edwards all testified that Edwards was the train when it arrived at Irondale that morning, and that he went on to Anniston with them. It is understood that Mr. Phil lips will testify that Edwards was not on the train, but that he was waiting at the tank at Oxanna Junction, one mile from Anniston, when the train arrived there, and that Miller and Fay got off and joined him. MT. Phillips will perhaps be on the stand five minutes
 
 ment the arguments will begin. Solicitor Heflin making the opening speech for the state. The speeches probably will not be concluded before late this afternoon, and they may run over into tomorrow
 The principal feature of yesterdays pro- ceedngs was the testimony of Miller, one of the defendants. He went on the stand about 10 o'clock, and did not leave 1t until 1203 He testified that New York Harry" fired the fatal shots and that Duncan was not present at the time of the tragedy. He further testified that he did not shoot either of the officers. Miller told his story in a straightforward manner, declining to answer but few of the questions asked by Solicitor Hef1in. He would make no state ment bearing on the Standard Oil company robbery, on the ground that there was an indictment against him, charging him with compicity in the same
 The criminal court room was crowded again yesterday morning by throng Of persons anxious to hear Miller's statement. There was very little new matter brought out by him, however, and nothing that is likely to help or hurt either of the defend ants.
 The case will probably go to the jury some time tomorrow.
 Morning Session
 When court was called to order yester- day morning Judge Greene announced that all cases set for the day were passed, to be reset, and that all witnesses were discharged until resummoned.
 C. E. Baldwin was the first witness of- fered by the defense. He said
 q live in. Birmingham, and am paint CT remember the occasion on which or ficer Adams is said to have been shot. wasrat the corner of Third avenue and Nineteenth street when the first shot was fired, and looked up and saw all but the first one. I was in front of Hood x Wneei- CTS going towards Nineteenth street. The first shot attracted my attention There were four or five shots fired, and then a few others. I saw man coming towards Nineteenth street, running backwards, who shot in the air. When in front Of John- sons saloon he stopped and looked at ms pistol He was stout-built man, ana wore dark clothes. He had watch chain. The last I saw of him he was going towards Eighteenth street, He was about the mid dle of the street, and was on the slde- walk I couldn't see his face, ana can say if he had moustache. He continued in the street until he got out of my sight. He was going in slow trot while saw him. I didn't hear any exclamations.
 Cross-examination-"I had just left Twentieth street, and was SoinB to my room at Third avenue and Nineteenth street. -Four or five of us room there. l had never seen the defendants. My back was towards the shooting, and was about middle way of the block. l can't say Just how far was from the shooting"
 In answer to a question asked by MT Montgomery witness said he did not see anyone going in the opposite direction across Twentieth street from him. He said the man went up towards the court house. and had on a light overcoat. He said the first time he saw him he was pass ing Rensford's saloon.
 q never saw him after that. The man going towards Ninteenth street ran back wards, and I saw him fire in the air. When first saw him he had not quite passed the fruit stand at the corner of Third avenue and Twentieth street. He was in the street, but nearer the side next the fruit stand. I couldn't tell his exact position when saw him. I saw several shots fired. That was about the middle of Twentieth street and the shots were fired in the direction of Rensford's saloon. I couldn't swear he broke his pistol. I heard couple of fel- lows at Third avenue and Nineteenth street hallo, but couldn't tell whether they were white or black One man said catch him!' catch himr and another man said, There he goes, why the devil don't you catch himY I couldn't swear how many shots 4 were fired, ten or twelve, I suppose. The man who ran down towards Nineteenth street had onn dark clothes and watch chain. Couldn't say whether or not he had watch. He was trotting the last time l