The age-herald., 1900-05-11
SKETCHED IN THE COURT ROOM.

ton by defense overruled, and exception
 noted).
 Mir Montgomery moved to exclude the 1 question, What did you do with the bot
 tle| and the answer. The motion was 1 denied and exception reserved. l The state offered as evidence the pistol 1 the overcoat and the pocketbook and con 1 tents about which much testimony has | been given. The defense objected on the ground that they were mmaterial, irrele- 1 want and incompetent, and that they had
 been sufficiently identified. Objection over ruled and exception reserved) MT. Montgomery objected to letting the
 tags stay on the pistol Objection over ruled and exception noted) The witness said he identified the pistol and knew nothing of the tag The soap which Is said to have been ! found in the overcoat was not offered as evidence.
 Cross-"l was about half way across the streeet when l first saw Duncan in the Iooni' mere were some others in the room with him, but didn't know them. An old man was lying across the he'd round the pistol in the adjoining room. There were nine men in the room besides ohcers don't know if it was a boarding mousse. We searched the house in the af-
 ternoon of the day we arrested Duncan didn't know of my own knowledge that tue pistoi was there. 1 had information that the pistol was where I found it. I got the information in Chattanooga after arresting Duncan. MT. Bodeker went with me to Chattanooga when. went up to ar rest Duncan"
 MT. Montgomery-"Who else was on the train 9?
 Witness--"Heap of people on train'
 Did you know anybody else?' (Objec- tion by state overruled.)
 ''I knew the conductor"
 Did anybody else go up for the purpose of locating Duncan or assisting in his ar rest?
 Lots of people went up that I did not know"
 MT. Montgomery-"T is not an ans wer'
 Court-"The witness will have to answer the question"
 Witness-"Yes Who was that man?' Witness-'I refuse to answer.' Court-"Witness will have to answer. Objection by state overruled) Witness-'I would know the man were l to see him, but don't know the man." Solicitor Hefin--"As to who went along and assisted in the capture of the defend- ant is not material, and we object to wit ness testifyng to who it was Objection overruled. The Betrayer Witness-Joe Epstein was the man that went with Bodeker and me. He is some times called 'Sheeney Bugs. It might nave | been an hour or two hours after the arrest I that I gained information about the pistol. | 'Sheeney Bugs gave me the information 1 as to the spot where the pistol could be found He told me the room the pistol was | in and how 1t was fixed. I had been with | .Sheeney Bugs about a day and a half | when he gave me information about the | pistol We went to Chattanooga on March % and the arrest was made on March 50. 1 We didn't stop at same hotel but l met | him at the Reed House the night of our ar | rival about Il o'clock and the next morn- | ing met him at the Reed house again
 about or S:3O o'clock, and again about 10 ! o'clock, and then again between Il and | o'clock We ate dinner at the same table. | One of the pistols was a Harrington and | Richardson 3S-calibre; one old-style | Colts 3S-calibre and the other hammer
 less, pear-handled Smith & Wesson, 3S-
 calibre. Mir Bodeker had the pistol the
 last time I saw it. I saw 'Sheeney Bugs
 with the Smith and Wesson before the ar
 rest. The pistols were turned over to the
 chief of police of Chattanooga. I saw then
 there, three or four times a day while
 stayed in Chattanooga. stayed there three
 or four days before the prisoners were
 brought to Birmingham. I can't say where
 I saw the pistols in Chief Austin's office
 after coming to Birmingham. I brough
 them in grip. I got them from the chief