The age-herald., 1900-05-08
ALABAMA TUESDAY, MAY
THEY STAND BEFORE
 THE BAR OF JUSTICE

pleted by adding T. J. Stevens and John s. Bailey, the latter declining to take ad- vantage of the 6O-year-old age limit al- lowed by law.
 The jury qualified and was sworn in by Clerk Burgin, and juries No. and were then organized as follows:
 Jury No. 2-S P. Vines, R. w. Weaver, F. A. Hewett, Sr, w. J. Blackman Joe Bords, w. D. Reed, R. M. Robbins, Harry w. Coffin, stephen Watkins, E. L. Smith son, H. M. Jennings and A. G. Scott.
 Jury No. was made up of the special venire, as follows: T. D. Counts, Thomas J. Mcdonald, c. F. Davidson. M. M. Guin W. M. Scalton, John Burke, John Wolf, T. B. Yielding, J. H. Hollis, Jr, J. M Howard, w. F. Tyler, R. E. Evans.
 The venire was exhausted by calling the following names: J. w. Nicholas, w. T. Caldwell, W. s. Montgomery, George M. Fletcher D. O. Ryan, John Veitch, Thom- as Conner, R. T. Sanders, Joe Pattie and Isaac Ellard, who were excused until 2 o'clock.
 Defendants Brought Into Court
 There was some little delay when it was decided to take up the first case, and at 11:20 o'clock, the two defendants, who were securely handcuffed together, were brought into the court room under strong guard of deputies in charge of Sheriff O'Brien himself The prisoners entered the court room by the door leading in from the clerks office, and as they entered, Duncan's wife, who was seated near the door, sprang up with a bound and, throwing her arms around his neck, kissed him repeatedly. smile lit up his face as the little woman nestled close against him, her own face flushed with excitement. The movement was not noticed by Sheriff O'Brien for a moment, but when he turned and saw the woman at Duncan's side, he requested her to move her chair to its former place, and she complied with his request a frown took the place of the cheery smile that a moment before played arund her lips
 Duncan was dressed in black suit and blue striped negligee shirt and black neck tie. He held his black hat in his hand and appeared III at ease, casting his eyes about the room in a half enquir- ing way.
 Manning whose face Is the harder of the two, was dressed in a brown check suit with white shirt and black tie. He carried in his hand the white slouch hat he wore when arrested and appeared very nervous, though at times he became passive, but only for moment or two, when he would again begin to move about in his chair, and show signs of uneasiness.
 The prisoners were reuested to move up beside their attorneys, who occupied seats at the table, and Mrs. Duncan, talk ing advantage of the opportunity. moved up near her husbands side. This time Sheriff O'Brien was on the alert, and en- tered his protest against the woman being allowed near the accused men, but his ap- peal to the court availed him nothing, as Judge Greene could see no objection.
 State Announced Ready
 The first case against the men who are jointly indicted in two cases was called. And on a call of the states witnesses the prosecution announced ready.
 Defendants witnesses were then called and Duncan announced ready. Attorney Montgomery on behalf of Manning, called for the deposition of Frank Wilson, which was handed him sealed. MT. Montgomery asked the courts indulgence for moment, and after a short consultation, moved to quash the return on the ground that it did not indicate that the deposition had been taken.
 This was the first important movement by the defense, and Judge Greene over ruled the motion and an exception was reserved
 The point was then raised by defendants counsel that the package purporting to be the deposition had been brought back from Chattanooga, where the absent wit ness was said to have been by a witness for the prosecution, and he asked to be al- lowed to introduce evidence on this point. His request was granted, and Detective Bodeker was sworn and took the stand. In response to MT. Montgomery's ques- tionS he stated that he was in Chattanooga part of two days last week, had gone there for the purpose of locating the ab- sent witness, and further stated that he carried no papers, but that he brought the deposition back with him and swore that it was in the same condition as when he delivered it to the clerk of the court. He testified that he had taken part in the prosecution in so far as he conceived it to be his duty, and that he had received no money except his regular salary, which was paid by the city. He further testified that neither he nor an officer of the Chat tanooga police department could locate any such person as Frank Wilson, and that no such person was known at the St. James hotel, where he was said to stop, nor did his name appear in the city direct ory. According to the witness, the only information concerning the man was given by Charles Haas, father-in-law of one or the defendants, who stated that Wilson had not been in Chattanooga since day or two after the shooting in Birmingham, when he stopped at Haas house. Motion Overruled It was developed on cross examination that the deposition had been forwarded to Chattanooga by express and that Bodeker had gone there to assist in locating the wisness.
 As soon as the witness concluded his testimony MT. Montgomery moved that the - = - = = = . .