The age-herald., 1900-05-12
FIFTH DAY OF THE
 BIG MURDER TRIAL
The State Has Rested Its Case and the Defense
 Now Has Its Inning.

there some time, and l knew him. 1 know | him designating Miller) because he was about the biggest man in the crowd. He
 looked like a big Irishman, German or | something, and looked sporty. l remember
 looking to MT. Poncellor about the case, | but I didn't say much about it to him. l | didn't tell him that I couldn't identify but | one of the men, and that man was in jail. | I didn't tell him I had been up to the jail | and could cnly identify one man. Miller | spoke to me. He had snuff colored | suit of clothes, not like the one he has on | now He had on a brown hat. l made no | examination of him. He just came up to | me and said, Hello, old man, how are | your"
 e-Direct-Question-" much beer l did they leave?''
 MT. Montgomery-'I object" | Court-"Sustained."
 Mack Rittenberry
 Mack Rittenberg, night warden at the l city prison, was put on the stand. lie | said: "I night warden at the clty | prison. I remember the night Officers Ad- | ans and Kirkley were shot. Didn't near | the shooting. Saw them in warden's or l flee at city prison that night It was a
 little after 12 o'clock. I saw Kirkley's pis-
 tol, but didn't see it taken off of him. Coo- ] jection to testimony about pistol sus- 1 tained.) I don't know Kirkley's pistol, nor
 Adams. Adams asked me 70 take charge l or HIS p1SIOl, anu IL was hdluSo hiS .iA 1 his presence It had three cartridges Tn
 it and three empty shells. 1 Cross-"I was warden when Miller was
 brought back from Anniston. He was
 brought back sometime after night. It was about three days after he was brought l back before he was taken before Adams | to be identified"
 Captain Weir was recalled and said: q
 know where the rooms testified to by l Brown are located. They are over Gelders $
 restaurant in Twentieth street, between
 First and Second avenues. l Objection to the testimony by defense. 1 MT. Montgomery said there was no ques- l tion about the location of the rooms, and
 that it was admitted that an alley was l by the building.
 Questionable you go to that room that l night?"
 | Answer-' I did 1 Question-"Did you find any one in the
 room?' Objection by d' ense sustained) Question-"Did you see Miller or Dun 1 can there?'
 | Answer-"I did not"
 1 At the conclusion of the examination of | Captain Weir, Solicitor Ferguson an | nounced that the counsel for the state | wanted a few minutes time for consulta- l ton. and he thought they would be ready | to close Solicitor Ferguson, Solicitor lief l lin Assistant Solicitor Mcqueen, and Gen.
 eral Fred s. Ferguson retired to the so-
 licitor's office and the court took an ln- l formal recess TOT Il lew liihueSS. It was Il 40 when the states counsel re-
 turned and announced that the state would rest.
 The court excluded certain testimony l given by MT. Simon on Tuesday about the | two men who went into his saloon MT Simon stated that the men did not drink
 at the same time. The evidence as to the
 mirror at the back of the counter was also excluded. as was his statement about sec | ing Kirkley at the station house.
 MT. Montgomery recalled his objections
 to the introduction of the coat, pitsol and
 pocketbook in evidence, but stated that he l was not feeling well and asked the indulg- | ence of the court to permit him to make his 1 specific objections in the afternoon, and sug- l gested a recess
 Judge Greene said as it was but quar-
 ter to 12 o'clock court might adjourn until
 2 p m. but MT Montgomery suggested l longer recess in order to enable the de-
 fense to get their case ready. After few minutes consultation between the court
 and the attorneys for both the state and
 the defense a recess was taken tlll . l O clock.
 Afternoon Session
 There was nearly an hours delay in con-
 vening court in the afternoon, due to a l lengthy consultation between the defend- 1 ants and their attorneys at the county jail The defendants were brought into court l at ten minutes to o'clock and as they en-
 tered through the door leading to the i clerks office Mrs. Duncan arose and greet | ed her husband with kiss. | Court was immediately thereafter called
 to. order and the balhff directed to bring i the jury in.
 Blanche Williams and Mag Bracket, in
 mates of a house of prostitution, were ln- | troduced by the defense and both testlhed 1 that Miller, accompanied by four or five | men, were in the particular house several l tEA Rfin 1 and sWore as to the color of Miller's
 clothes and hat, and that one of the party, | who wore a light overcoat was a red-faced | man who has not been apprehended and on l whom the defense is seeking to fasten the
 crime of shooting the two officers in the person of New York Harry l Jay, West and Edwards, who have been | arrested in connection with the safe rob | bery case, were brought into court and were identified by the Bracket woman as l some of the men who were at her house with Miller.
 | John Littlejohn. prisoner in the county l jail, put on the stand by the defense. | He said:
 q remember when a colored man was l taken to the county jail to identify the de- | fendants. don't know the negro's name. l CThe defense was trying to establish the l identity of Jim Perry, who saw the shoot l ing of Policemen Adams and Kirkley and | who was later taken to the county jail to | identify Miller and Duncan) My recollec-
 ton is he was heavyset and had black | mustache"
 Wanted Recess | MT. Montgomery stated that the defense had been laboring under great difficulties | since the state closed, and there were no | witnesses present to be examined he asked | that court take a recess until morning. The | solicitor agreed for the defense to examine l the witness and bring the negro man be- l fore him today for Identification The examination of this witness then pro- I ceeded. The witness said: My recollection l Is Miller and Duncan were not standing in | line at the same time (meaning when the 1 negro man identified them. One of the men | was in the line at that time. Miller was
 lined up with the first batch, and when he | was taken back to his cell Duncan was put | in the line.''
 Cross: There were several negroes brought to the jail to identify the defend-