The age-herald., 1900-05-10
OFFICER BODEKER ON
 THE WITNESS STAND
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 overruled and exception noted. Motion to exclude testimony on the ground that the proper description of the postols was not given defendant Overruled and exception noted.) l got the three pistols at police headquarters in Chattanooga from the desk sergeant. Solicitor Ferguson stated that the pistol would not be offered at the present time) I know Frank Miller; had a conversation with him in the county jail. I made no threats nor made any promises of rewards
 At this point adjournment was taken un- til o'clock with Officer Bodeker still on the stand.
 Afternoon Session
 Judge Greene called the court to order at 2:1O D. m., and Officer Bodeker took the stand to resume his testimony. He con tinued:
 No threats or promises or inducements were held out to Miller. He made state ment to me, saying that he and another person were coming up Third avenue and noticed some officers following them. They went into a saloon and Officer Adams came in saloon. They came out of saloon and came on up Third avenue, and the officers followed Just before reaching Twentieth street the officers came up with them and asked them few questions He said they told the officers they were railroad men, and
 
 ed to the prison He was with Kirkley and had gone but a short distance when the man behind shot and ran off down Third avenue, shooting back over his shoulder.
 'I was at the Hilman hospital on Sunday night, and saw Officer Adams, who recog niZed those he knew, and seemed to be in right mind He called several persons by name. I heard Dr. Whelan tell Adams that he believed he would die. Objection by de- fense; overruled and exception noted.) l saw a bottle at the chief of poice's office which was said to have been taken from the pock ct of the overcoat found the night Adams and Kirkley were shot. It was in the GUS tody of the chief. Objection; and testimony as to the bottle was eXciuded) While in the county jail Miller asked me to ask the watchman at the Standard Oil company if when be was knocked down that night a man didn't come and tell the others not to kill him. Objection overruled and exception noted)
 Cross-eXamined-'I am what is called city detective and was at the time of the tragedy. I arrested Duncan in Chatta- | nooga, upstairs in a boarding house. I can't say he was trying to escape when I arrested him. Detective Smith of Chatta- nooga, Disheroon and I were crossing the street and saw several men in the front room upstairs, and they made a break as if to get away. Disheroon and Smith went to the back stairway. I met Duncan, his brother and one or two other men, We l searched the men but found no weapons on Duncan. He only had on an undershirt pants and shoes. I talked to Miller five or six times about the shooting. The declara- tion he made about it was in the county jail few days after the shooting. I told him Kirkley said one of the men had a German brogue, but didn't tell him that Kirkley said he had the larger of the two men in charge. I didn't tell Miller that from my investigation I thought he must have been with Kirkley but did say that from his statement he must have been with Kirkley. l told him that the man who ran down Third avenue shot over his shoulder and that Mir. Simon told me that man had German brogue. I told him that darkey said after the shooting he looked out and saw a man among the wagons in front of Tally and Chapmans infirmary, and he said he ran that way. told him that so far as I could find out he had not told me story about anything We had then dis cussed the tragedy.
 Mysterious Man
 ''He told me who was with him on the night of the tragedy. He told me of one man implicated who could probably be ap- prehended in New York. He gave me the name of the man as New York Harry whom he described to me. He said he look ed very much like Duncan. New York Harry Is not known to the authorities here or elsewhere so far as I can hear. Letters were written to New York and the answer came that no such man was known there. They said they knew Slit Nose Red but not New York Harry
 Slit Nose Red was not known as the same person. Adams was still living when I had the first conversation with Miller. He told me where he threw the shells out of his pistol He said he had on a black