The age-herald., 1900-05-13
MURDER TRIAL RUNS
 INTO SECOND WEEK


 | Tuesday. Being interrogated by MT. Mont l gomery he said
 | 1T testified in this case the other day. was in my place of business when the | shooting took place. My place of business l is at Third avenue and Ninteenth streeet. 1 1 went out in the street after l heard the l shooting.
 MT. Montgomery asked the witness if he | saw any one pass his place of business. The 1 question was objected to by the state on l the ground that the witness had gone over l this fully when on the stand before, and | the court sustained the objection. Witness, 1 however, was permitted to repeat the words uttered by the man who ran west l in Third avenue just after the shooting. Witness said the man was crying out Stop | him! Stop himl Which way is he shoot | ing?" Witness said the man had on dark l clothes. Somebody on the other corner said
 Catch him! Catch him!"
 The witness said: He was coming down 1 the avenue in a trot. He came in good l view of me. He was good-sized man. I wouldn't say whether he was larger or | smaller than Miller. The man who had on l the light overcoat in my place did not have | German brogue. I had a talk with | Adams after the shooting and he said the 1 two men who were in my saloon did the | shooting. Joe Hardwck Bob Green and 1 Greens son were standing near me when 1 the man passed. I have not talked with | Miller since his arrest. I have heard him
 talk and his dialect indicates that he is l German
 When MT. Simon retired from the stand l an informal recess was taken while the at torneyS for the defense consulted with two l nurses from Hilman hospital who had been i subpoenaed as witnesses to testify as to
 occurrences at the hospital during Adams l confinement there.
 i-- When court was again called to order MISS Georgia Narramore, one of the nurses,
 was put the stand She said: q am | nurse at Hillman hospital. I renis mber l when Adams and Kirkley were taken to the
 hosiptal I attended them two-thirds of the
 time. They were in the same room. I 1 heard Adams and Kirkley speak to o- ch 1 other about the shooting. (Sta. ed l to anything said by Kirkc, 5 .. -t 1 sutsained the objection. Ny. ! 1 withdrawn on the repr .E l Poncelor that the defen. ha## | witness state conversation tH I-#e fI.#a l between Adams and Klr.te# .. za.arz5 | away certain statements m 4#.#.. .a 1 his dying declaration)
 | T heard them say that oue ....r#
 was stout, square built, .....# =Ha. ..=
 man, age about 30 and the .- .= | smaller had light mustache 4 1F
 he didn't remember about a seq t H 1 the face of one of the men. B.t.-., said l ne thought the clean-shaven man had a | scar on his face. l saw the defendants | when they were brought to the hospital that Sunday night. I saw them in the hall l after Adams had identified them. Cross-'l have been a nurse at Hillman nospitai since December. Adams and Kirk icy were taken to the hospital the night l or March 27 Adams said the smooth faced l man., the one with him, shot him. I don't 1 recall If Kirkley said the man with him | shot him. 1 don't remember hearing Ad-
 ans and Kirkley say how many times | they shot. Adams recognized Miller and l Duncan as soon as they came in the l room. He said we'll as I remember: "Ir l were before the ju6Qmppt bar If Go5 l l will say you are right man.. This was 1 on Sunday night, and he died Tuesday.
 Adams seemed perfectly rational and per | fectly conscious when he Identified the de- l fendants. He recognized every one he | knew. He was conscious up to within an l hour of his death He told Dr. Whelan the
 man must have held the pistol in his left | hand when he shot him.
 In Keb- ttaI
 The defense did not put Miss Ashley on l the stand, but consented to the state ex- amining her in rebuttal at this time in l order to avoid bringing her back to court 1 later. She, said:
 T am nurse at Hillman hospital, and l was there when Adams and Kirkey were l brought there"
 The witness was asked as to what Kirk ley said to Adams, as testified to by Miss l Narramore, but the defense objected on l the ground that the state could not ex- l anime other witnesses to what one wit 1 ness testified respecting the conversation
 between Adams and Kirkley The objection 1 was sustained, but Judge Greene stated l that if on invstigation he found any 1 thority for other witnesses testifying to the same conversation brought out by the de- l fense, he would allow the state 90 recall | Miss Ashley. After Miss Ashley retired | from the stand several minutes were con ] stunned in consultation by counsel for de- 1 fense.
 Tom Fay was the next witness called. l Fay is under indictment for robbery in con
 nection with the blowing open of the Stand
 ard Oil companys safe. Judge Greene called
 for the indictment against Fay, and then | instructed him that any statement made by l him as a witness in this case could be
 used against him at his trial
 l The defense objected to the court making l statements as to the indictment against him. The objection was overruled and an | exception reserved.
 Fay testified as follows: q am 2S years
 old. I heard of the shooting of the police men or March 27. I was in the room over Gelders restaurant at the time of the shooting, and had been all evening. 'Shee- ney Bugs had been in there earlier in the evening. About fifteen minutes before the shooting Duncan, West, Edwards and one
 they called Red in. I awake. don't know where they had been They were in the room when the shooting occur red. They went out soon after, Edwards and Red going out first and Duncan and | West later I didn't see the negro Brown at that time I went out about an hour
 later, but soon came back and went to bed again and was there when the officers came in. Two policemen came up to the room later 'Sheeney Bugs was with me. I heard the next day for the first time of the Standard Oil robbery. I was arrested two
 or three days later. I saw the defendant the day before the killing I..iller had on the ssme clothes then that he now has and
 black Fedora hat I saw him about four hoLls before the shooting He was dressed the same way then (Witness was shown the light overcoat, which is a part of the evidence in this triaD. New York Harry , had an overcoat something like that, but it
 was some lighter and little larger. I saw New York Harry that day two or three times.
 "New York Harry" Did ItAu T saw New York Harry about o'clock the night of the shooting, and he had on
 the overcoat. He put on the, coat and left