The age-herald., 1900-05-10

I coat and that the man with him had on 1 the light overcoat. I was not present when simon went up to identify the prls- 1 oners. told Miller he did not have on a l white hat the night of the tragedys Counsel for the defense asked why he told l Miller that he did not have on white hat 1 and Solicitor Ferguson objected The ob- l jection was sustained, and exception re- 1 served by defense.
 Miller told me he was on Kirkley's left 1 side. Miller was arrested and brought to 1 Birmingham before Duncan He was kept l upstairs in the county jail and Duncan 1 downstairs. So far as I know they were 1 never together. When they were taken to l the hospital to go before Adams they did | not have any conversation between them. I brought Duncan from Chattanooga, and l went from the train to the hospital with l him. Miller was taken from the jail to the hospital. They were taken back to the county jail in the patrol wagon. I had not l talked with Miller when I brought Duncan from Chattanooga. When arrested Duncan l l showed him slip of paper on which was | list of names, among them being that of l New York Harry I did not tell Duncan l that l knew he did not do the shooting I had the name of New York Harry but had | no description of him. There were six or 1 seven men implicated in the Standard oil i company robbery. Five have been arrested. Shenandoah Red and New York Harry | have not been arrested"
 Re-direct-"Miler denied in the presence | of Adams that he did the shooting I told l Miller of the information I had connecting | him with the shooting. When showed l him tse records of his arrests in other places he said; You have me- I'm the | right man. He told me he knew Duncan and that he and Duncan had been going | together for sometime; that they had been arrested together in Augusta, Ga., and that they came to Birmingham together
 When taken before Adams, Miller told
 4 hn had 1NzfN
 Duncan was very much excited when
 arrested"
 Pc-cross-"I had seen Miller in Birming- ham at a saloon in First avenue between
 Eighteenth and Nineteenth streets where I he vas looking around I saw with him Duncan, Frank Edwards and two men | supposed to be Shenandoh Red and New York Harry That was a day or two be- l fore Inc shooting of the policemen. When l saw them in the saloon Miller told me he was rolling mill man. I thought per haps he was. He looked like a laboring man I looked him straight in the eye, but didn't notice his clothes"
 | E. F. PbIIiipsa
 | E. F. Phillips the next witness said: | T remember the time of the shooting of | Officers Adams and Kirkley. I went to Anniston on the Southern train the day after Kirkley died. I saw Miller, one of the defendants. at Irondale He and an | other man got on the there and went | into one of the coaches and asked the con | ductor where the smoker was The con | ductor told them and they went into the | last car. They got off the train at the | water tank about mile this side of An | niston. It was little after 6 0 clock in the morning when they got the train | and about o'clock when they got off" Cross -EXamined-'Duncan was not with | him. l was in the smoking car part of the time. That was the first time I ever saw Miller but I believed he was one3 of | the men implicated in the shooting of the officers. I notified the police officers at | Anniston and wired the Birmingham off, | cers" .
 Dying Declaration
 Dr. Charles Whelan was recalled and testified to the dying declaration of Officer | Adams. He said:
 | "I was at Hillman hospital the Sunday night when the defendants were taken be- | fore Adams I was Adams physician and told him that in my opinion he was going to die. l told him that the chief of police was going to bring some men before him | and that in all probability their lives would depend on what he said. He said he realized his condition. When the men | came in the room Adams raised up on his | elbow and pointing at Miller, said: You are the man that shot me, and you point | ing at Duncan, was with him. His mind | was clear at that time. Later the defend-
 
 | to me that he knew what he was doing. | My recollection is that Adams said the men came out of the saloon at the corner | of Third avenue and Nineteenth street. He | said he and Kirkley followed them a short distance and then walked up to them and | asked what their business was. Adams | was spokesman. The big man said he was l an engineer and the other one said he was | a brakeman or fireman, l don't remem- Der which. They said they worked for | the Southern. Adams said he told them that they did not suit him, and would | have to go to the station house with him. One of the men said he didn't want to be detained. Adams said soon as they saw the chief they could go CThs part of the testimony was objected to. The objection
 was overruled and exception noted.) He
 said they started to the station, Kirkley
 and one man in front. They had gone but | a short distance when the man with Adams shot him. Kirkley turned and the firing became general. The two men separated
 one going one way and the other in the | opposite direction.
 Cross Examined
 cross-examination-"M understanding is that Adams did not incriminate but one man. He said the big man shot him. 1 am | not sure of that, though. Adams was shot | on the night of the Eth of March. The statement he made was on Sunday night, | April 1. He lived about sevon or eight days, | dying on April 3. performed no operation on Adams. made the post-mortem eXamin- | alton. I kept one of the bullets and gave | the other to the chief of police. I took one | bullet, a 3S-calibre, 1 think, from Adams. The one I took from Kirkley was larger. l think long 3S-calibre. Adams developed pneumonia Sunday morning, after he was shot. I discovered it about o'clock. He | didn't have it Saturday night. The disease developed rapidly during the day. It was in the second stage when I go there, and he died before the third stage came on him.
 '"The treatment for pneumonia brought on | by gun shot wound is opium and stimula- 1 ten. Adams was rather frailly built.
 'I gave him 1-30 grain strichnine every | four hours, and the other remedies ordinar- | fly used in the treatment of pneumonia cases. I gave him some morphine It has dif- ferent effects on different men. It brightens | LID the intellect of some men. l dfdn | arouse Adams just before the defendants