The age-herald., 1900-05-10
Alleged Confession of Manning
 Brought Out by State.
DYING DECLARATION OF ADAMS
troduced Through Dr. Chas. Whe- lan-"New York Harry" May
 Be a Scapegoat

The trial of John Manning, alias Frank Miller, etc., and Frank Duncan, alias Frank Edwards, the two men charged with the murder of Policemen Adams and Kirkley on the night of March 27, drags slowly on in the criminal court. The trial was resumed yesterday morning, after some delay in calling the court to order. Five or six witnesses were examined dur ing the day, the most important being Off, cer Bodeker, who arrested Duncan in Chattanooga, and according to whose tes- timony Miller made confession day or two after his incarceration in the Jefferson county ail. Other witnesses testified to seeing Miller and Duncan in Birmingham on the day the policemen were shot.
 Mrs Duncan was present when the de- fendants were brought into court yester- day morning, and as on the previous days, greeted her husband with a kiss. At the rate of progress made yesterday 1t will probably take the balance of the week to finish the taking of testimony. The state has several witnesses to examine yet, and then the defense has about dozen wit nesses.
 First Witness Yesterday
 The first witness called yesterday morn- ing was Baxter Stewart colored. He said: q remember the shooting of the officers. I was in front of the stable in Third ave- nue between Eighteenth and Nineteenth streets. I heard the shooting. I saw some one come running down the street after the shooting Just as he got along by the stable he was loading pistol He had the pistol in his hand. That ! oks like the man with the pistol (pointins to Duncan). There was a light in front of the stables. I was standing on the sidewalk when the shooting began. I was looking at It saw four different men shooting I could see the fiashes from four different pistols. The mani saw with the pistol came rom where the shooting was. He was In my sight all the time. Somebody was shout ing Catch him! Catch him! Catch him!
 Cross-Examined-'I came here from Columbus Ga., about a year ago. Have been working in a stable. I left Columbus because I was tired of it. I was arrested once, for slappng boy, since coming to Birmingham. I do not know whether 1t was moonlight or dark on the night of the shooting The light in front of the stable was a small electric light. The first thing that attracted my attention was the shoot ing. I saw just one man at the time of the shooting.
 He ran across the street toward the Hood building. I did not go toward the shooting; stood right by the stable. The man came right down the middle of the road. I could not tell whether he had done any shooting Ia had op clt dark coat. no overcoat I recognize the man by his mustache and face. Sam Curry was stand ing beside me at the time. I never saw the man again until yesterday. I was sum- mcned in this case yesterday. The police men came after me; did not come myself. I saw him Duncan) sitting right there yes- terday when they swore me. That was when I identified him. I did not know Officer Kirkey. did not see the pictures of the men in the papers, and no one described them to me. It was about 12 o'clock at night when I saw the shooting. I did not come up here to identify these men. It wasn't my business. Curry was there when I talked with the policeman about seeing the man going by the stable. first saw the man between Nineteenth and Twentieth streets. The man turned at the corner of the stable. There were four flashes.
 Re-direct-"There were more than four shots fired"
 Re-cross--"I saw four different flashes. mean by that that it was as if there was a man there, and man there, and one there and one here.'
 Former Officer scharber
 Former Police Officer Scharber, who was standing in Twentieth street, near Third alley, was the next witness He said:
 "On the night that Officer Adams was shot I was in front of the Hood building in Twentieth street. I saw a part of the shooting; heard the first shots. I saw two parties shooting. I saw an overcoat after ward. picked up a coat on Third avenue exception) That looks like the overcoat I picked up. When picked up the coat a purse was taken out of the pocket (Ob- jection overruled exception.) did not see bottle taken from the pocket. do not remember a ball of soap being taken from the pocket
 Cross -Examined-'I was a policeman at that time. am now acting as deputy sheriff. Il was across Third avenue, about seventy-five fleet from the corner when the shooting began.'
 At this point Attorney Ponceller asked to be excused, saying he had just received a message that his child was very sick He was excused.
 Cross-examination continued-"The first shooting saw occurred between two men