The age-herald., 1901-09-15
STATE ENDS ITS
 TESTIMONY IN
 DUNCAN TRIAL OverCoat Miller Wore When He Shot Adams Has
 Disappeared CLAYT0N'S MEMORY FAILS Cannot Identify Revolver That lie Formerly RecoenIzed-stenoera- phers Repeat Testimony
 Taken at Other Trials.
CLAYTON'S MEMORY FAILS

Duncan, charged with the murder of Or- ficer George Kirkiey finished the exam ination of witnesses at tne morning ses- sion yesterday, and the defense began the taking of testimony at the afternoon ses- sion
 Most of the afternoon was devoted to examination of the court stenographers, who took the testimony in the cases of the state vs. Frank Miller, and the state vs. Frank Duncan, which were held in May 1900.
 The disappearance of the light over coat. which it Is alleged Frank Miller wore the night of the robbery and shoot ing. and the failure of Night Watchman Joseph Clayton to recognize the revolver now in court as the one taken away from him considering that he positively iden- tifed the pistol at the former trial seem somewhat remarkable.
 The pocketbook and papers taken from the Standard oil Company's safe were offered in evidence at the trial yesterday morning over the defendants objection. The revolver was offered in evidence without objection.
 Morning Session,
 Night Watchman Joseph Clayton, who was on duty at the Standard oil Com pany's plant the night of the robbery, was the first witness cfiled yesterday morning, but he was excused.
 John P. Abbott. deputy clerk of the Criminal Court, was the next witness. He testified to having seen the overcoat at the last trial, and that 1t was hung up in an anteroom adjoining the clerks office after the trial. He had made thorough search for 1t since the present trial be- gun. but had not found it, and did not know how long 1t had been missing. The Harrington and Richardson pistol had been turned over to the solicitor during the other trial.
 On cross examination he stated that others had access to the place where the coat was placed.
 Miss Annie Kendrick testified that two men rented rooms from her mother in Second avenue and Seventeenth street at the time of the robbery. She saw a mum Der of men in the rooms on one occasion and several pistols lying on the bed, but IlOl tHfllh Ouiiidi was OiiV ol ehS ih-iis
 Weaver Saw Light overcoat.
 John G. Bradley, clerk of the Criminal Court, testified that he had made a thor ough search for the overcoat. He was not in Birmingham at thet time of the trial. When he assumed charge of the office the coat was not turned over to him and he knew nothing of Its whereabouts.
 
 saw the coat, and did not know to his knowledge that such coat existed.
 Percy Armstead was recalled and testi- fled that he could not tell how many peo- pie were shooting. The first shooting occurred at Papageorge's fruit stand in Twentieth street and Third avenue and the next was in the middle of the avenue. On cross examination he stated that he was at Third avenue and Twenty-first street, a block away.
 W. S. Merony testified as to the effect of explosions of nitro-glycerine and dynamite cartridges.
 Charles Horse testified that he was at the corner of Second avenue and Twen- tieth street when the first shots were fired. To his judgment eighteen or twenty shots were fired. On cross-examination he said that he did not count the number of pistol shots-was just making a rough guess at it. He saw pistol flashes on the Hood corner and also in the middle of the street, but did not see any firing at the Papageorge corner
 Afternoon Session.
 At the afternoon session, which began at 2:20 o'clock, Judge Greene announced to the attorneys for the defense that Off, ficer Bodekers testimony in regard to the statement made by Officer Adams in regard to the identity of Miller and Dun can, and the testimony of w. D. Dish eroon in regard to finding the pistols (except the Harrington and Richardson) and the dynamite In the rooms occupied by Duncan at the Hass. House. Chatta- nooga, was excluded, and the jury was so instructed.
 Solicitor Harrington P. Hef1in was the first witness introduced by the defense. He testified that he had seen Frank Mil Ter, deceased. He did not know that he was dead, but would admit that he was. He was present at the trial of Miller and Duncan for the murder of Officer Adams and had notes of the testimony of the last trial. The reporting was done by Stenographers John Evans and M. J. Walker. He thought he could recollect the testimony of Joseph Clayton at the former trial. A subpoena was then issued for Stenographer John Evans.
 A Stenographer's Testimony.
 M. J. Walker testified--I am a profess sional stenographer and have been such for about twelve years. I acted as one of the court reporters at the former trial and remember some of the witnesses I reported. I am inclined to think took part of the Clayton testimony. could tell by the book what testimony I reported and I translated all of my notes. (The witness was then shown book of testimony.) I think I took tes- of W. D. Paris, Frank Brown testimony of Peter Simmons.
 'Mr Paris testified at the former trial that he was standing right at Barbers drugstore don't think Miller or Duncan were required to stand up at the former trial to be identified by Paris. My recoi- I lection is that Frank Brown stated tha. he had stood at the foot of the stairs rant from about dark until the shooting occurred. My best recollection is that he did not say that he went down to where the shootingswas. oss-examination-"Mr Paris did state