The age-herald., 1900-05-15
THE MURDER TRIAL
 IS NEARING AN END
"Dutch Henry Takes the Stand and Lays all the
 Blame on "New York Harry

jection to last answer sustained) I have
 lived here fifteen or sixteen years"
 Redirect-"My brother is rolling mill
 man. The man was across Nineteenth
 street when I heard him say why the
 devil don't you catch him.?
 Chief of Police c. w. Austin was called
 and said: 'I knew Officers Kirkley and Ad-
 ans in their life time. l had known Kirk
 ley six or seven years. He had been con-
 nected with the police department four or
 five years and probably longer. l am chle1
 of the police. I had known Adams three
 or four years. He had been connected with
 the force only six or seven months. Adams
 would weigh 135 or 40 pounds, and was
 very slender. Kirkley was rather feshy
 and weighed about A0 pounds. At the time
 of the arrest of Miller SIS cash, a watch and
 chain and, I believe, little comb and
 few papers were turned over to me-"
 The witness was not croSs-examtned. MT. Montgomery here asked the indul- gence of the court for a moment to consult
 with his client, Miller. MT. McCrossin and MT. Poncellor also took Duncan aside to consult with him.
 Miller on the Stand
 Frank Miller, one of the defendants, took
 the stand and said: My name is Frank
 Miller I remember the occasion Officer Ad-
 ams is said to have been shot. was pres
 ent I did not know Adams personally. l
 did not know Kirkley. Kirkley was big
 man. I should say he would weigh about
 200 pounds, and Adams slender. raw
 boned man. Kirkley was a great big man.
 1 suppose six feet high. I met the men at
 the saloon on Third avenue and Nineteenth
 street as I came out and started up the
 street. I went in at the front door of the
 saloon and came out at the side door After
 me and Harry stepped out of the saloon
 l had walked about half block Harry
 stepped back to. light a cigarette, and the
 two N>icers came up, the big man coming
 up to me, and asked me what we were do-
 ing. I said I was a railroad man, and he
 then asked where we had been. l said we
 had come out of the saloon, and one of
 them asked what they should do with us,
 and the other said, Guess we had better take them to the chief The officers were
 walking in the direction In which we were going. We got half across the street, Kirk ley and me in front, and all of a sudden I heard a shot, and 1t scared me and I ran, and after going down the street piece l pulled my pistol and shot. I heard some
 one say, Catch him. Catch hm!' and some one else said Why don't you catch
 him.?
 "I was on the left side of Kirkley. We were going across Third avenue from the fruit stand. I from Kirkley towards
 the left. When the first shot was fired he turned his back to me, and 1 took advant-
 age of it and ran. I didn't run very fast. l ran down the middle of the street, and
 finally got between some wagons, and lit.-e further l turned to the left and soon arrived at some railroad tracks. I was not
 in charge of Adams at any time that night.
 l was with the big man all the time. 1.-The man with (Harry) about feet 9 inches tall, heavy-set. He had on
 light overcoat and light hat. He has what I would call bulldog face, and small | mustache, and what would call hair-lip, 1 but mustache covered that. He was | dressed in the same way while in the | loon. l had on the same suit then I have | now. Gle now wears dark suiD. Except had on black hat. There was change l in our clothes from the time we went in the
 saloon until the shooting occurred. I saw | New York Harry the night before the | shooting. He then had on a black stiff
 derby hat I had no overcoat at all. He | had light overcoat ever since the first
 time I saw him. The coat shown here l looks like the same coat, and I guess it is
 the same one.
 1 q never was with Officer Adams and l did not shoot him or anybody else. I | never shot at Adams. I had no idea there would be any shooting. No more idea than | he did. knew 'Sheeney Bugs l saw him next morning after the shooting in room- | ing house near the Jefferson theater. He l then bought me that white hat have with
 me. After leaving Birmingham I went to | Anniston. l took the train at Irondale. | Went part of the way on street car and | walked the balance. 1 was arrested in An | niston. After the arrest there was taken |
 memorandum book. I had no purse. I
 had on that watch and chain the night of the shooting. When brought back from Anniston on Thursday night about 10 l 10:30 o'clock I was taken to the station l house. I was kept there till Sunday night | about 10 o'clock before being taken before | Officier Adams to be identified. l did not
 see Officer Adams before that Sunday | night except the night of the shooting. Some persons were brought to the pris l m n af mo I xvac fa axarh hafn Adams. I suppose about 500 None of l them stated in my presence that they iden- l tified me. I saw some of them shake their | heads. and that meant no, I suppose. We were taken to the county jail immediately after being taken before Adams. Good | many persons came to the county jail to l identify me. was stood in line time l only, and Duncan was not in line then. I | have had no communication with Duncan | in jail. We can't see each other. I am | kept upstairs over the office, and Duncan ! is kept in what is called the jail proper. | Jim Perry never said in my presence if he | recognized me. Everybody brought up 1 there to see us was told not to say any, | thing if they recognized me or did not rec l ognize me. Perry did not say anything in | my presence. He whispered to Mir. Hirsch- | CT. Perry went down stairs, and I was | put in the cell. Duncan then came up. | The line was formed right in front of my | cell. I don't know where Perry was when | Duncan was put in line I saw him come
 afterwards. I saw him turn around and | whisper to Hirscher. MT. Hirscher said
 That will do,' and they went down stairs. | I was never in line with Duncan. I only | heard one man, MT. Simons say that he | recognized me. The chief, MT. Bodeker ' and others had got me to talking when | MT. Simons came in. The chief up | there several times. One time he put his | hat on my head and asked if they recog-
 nized me. (Another pause.) The pistol | had was 32 long calibre. I only had one | pistol l am a German. I have no scar l on my face (At the instance of the jury | Miller turned his face to the box to let 1 them see If he had scar.) I was born fin l Germany. I have worked in a glass house. | While working in the glass house I got burned. Defendant here showed the jury l sears on his left arm caused from burns | He can't use first finger of left hand, and 1 has but little use of arm.) My left foot l has been mashed. It happened in Ander- | son, Ind. while was trying to stop a l runaway team. I can't rIn very fast I