The age-herald., 1900-05-15
THE MURDER TRIAL
 Is NEARING AN END
Continued From First Page.)

--~~----~-----~----~~~-- cie; at Kokomo for James Fox. When first came to this country l worked at Williamsburg, N. Y. I received the burn at Muncie, Ind, in 1891, or the latter part of 1890.
 After injury to left arm I have done | most anything. I couldn't work at my trade, and have had checkered career In fall l put up lemonade stands at fairs and picnics I have also made willow wares, baskets, etc. I told MT. Bodeker about the shooting. l was taken in front of Adams on Sunday night, and when they took me back to jail and stripped me- looking for marks, l told MT Bodeker just how it occurred. He said to me: Frank, whatever you have told me has been true, and it's my opinion you didn't shoot either man, but that don't do you any good He asked me if I had been in trouble before, and I told him yes. When taken before Adams, one of the ladies put her hand on my face, and I supposed the officers had told her had a scar. When told Bodeker I wanted to see the guilty man punished he had told me Adams was getting better.''
 Cross Examination
 Cross-"Afy right name is Frank Miller. That was my fathers name. When I went in the saloon that night I had come from near the Jefferson theatre. I passed the postofice. did not come from saloon. I ulu IlOt See GutNTuS lneTe QeCllIe to say whether Duncan was with me hour be- fore the shooting, because I have been in- dicted for highway robbery. saw Duncan about an hour before the shooting but I decline to say where. I decline to say if Edwards was there. I saw West. did not see Fay. l saw West on the street I came directly from the Jefferson theatre to the saloon. New York Harry was with me- l first saw Harry at the Haas house in Chattanooga Friday before shooting. Ed wards was not there. Fay and West were Duncan was there. I came to Birmingham on Monday night. 1 was in Birmingham about a week before, and went to Chat tanooga. l stayed at the Haas house was not here Saturday before the shooting. Duncan was not. 1 got here Monday night about 10 o'clock with Duncan, New York Harry 'Sheeney Bugs Tom Fay and my self-fve of us. I was not here Monday morning. I was not at OHora's saloon. I was not at Eleventh avenue and Sixteenth street Monday afternoon about half past o'clock. I was not there on the afternoon of the 27th. Nor was I in the neighborhoOd of the Three Brothers saloon about that time. That's O'Hora's saloon. That's in First avenue. I was not at Eleventh aven- ue and Seventeenth street on the after noon of the 27th. can't say about Duncan. I didn't see him there. was never there in my life. I remember MT. Smith, who testified. He is mistaken. l never saw him in my life. I don't know the streets and avenues, and can't say how I went from Jefferson theatre to the saloon. I did not see the policemen following us before we got to the saloon. I did not see Adams come in saloon. Harry paid for the drinks. I don't know 'Harry's real name l don't know his business. don't remem- Der telling Bodeker that l saw two of- ficers following us before we got to the sa- loon. I saw the officers, but I couldn't say tl, fnll | ficers; they looked mighty thick that night I can't tell how close we were to them. I had gone about a quarter of a block when I saw the two police coming towards us. Harry and I were walking l together, I next to the street and Harry on the inside.
 .'I decline to say how long Harry and I had been together that night before the shooting. Question explained by court) l had been with Harry off and on since s o'clock, but decline to say where. Harry had on a coat that looked like the one in court I did not know of my own knowl- edge that a bottle of ntroglycerine was in the overcoat. New York Harry is heavier set than Duncan; when together there is a big difference; his mustache is darker and he is heavier set; Duncan is simmer than Harry Duncan hasn'e got bulldog face like 'Harry's' The night I got here from Chattanooga I stopped at the Louisville house. Fay was with me l didn't bring any baggage. Harry had a little. We came together. He didn't stay with me. left him in a sporting house, at Mag Brackets. I stayed at the Louisville house one night. I had a room over Gel ders restaurant. Fay engaged the room and I think New York Harry was with hia. I stayed there that day"
 Defendant declined to say where he was from the time he left his room until the shooting. He declined to say where Dun can was and whether he was at the Stan dard Oil company's office that night MT. Montgomery objected to the states attor- ney asking the questions and was over ruled. Exception was reserved
 What Bodekcr Said
 Witness: 'Bodeker spoke to me, and said he didn't like to see an innocent man pun ished. I said read in the paper or heard some one say that the negro said some one told them not to kill him. told him the negro ought to recognize who 1t was by the mans voice, and why he did not ask Clayton about it did not say to Bodekeu