The age-herald., 1901-09-12
TAKING EVIDENCE
 IN DUNCAN CASE
  Clayton, The Watchman, Iden-
 tifies Him FAILED TO IN OTHER TRIAL Says Ills Mind Is Clearer Now-Negro Who Rented the Crooks the
 Room Placed on the . ! Stand. -

It was not until 12;10 D. m. yesterday that the twelfth juror in the case Of Frank Duncan, who is charged with the killing of Policeman Kirkley, was select ed and sworn in.
 When court opened at 9:9o a. m. twenty names were drawn from the jury box, and subpoenas placed in the hands or the sheriff for execution. Pending the execution of these the court took re- cess until 11:30.
 John B. Dougherty Is the twelfth man. his name completing the list, and he im- medately qualified, was sworn In ana took his seat in the box, Several citizens who had been sum moned as special jurors failed to appear on time, and against one of these Judge Greene imposed a fine of $50 and issueo a rule nisi.
 The indictment Read,
 Y,,rad,ate,v after court was called to order at D. m. Solicitor Hefiin read the bill of indictment. which was the same as that presented at the first trial m thhs now famous case It is joint indlct- ment;
 .The State vs. John Manning, alas Frank Miller, alias John Hendricks' ahas Dutch Henry, alias Frank Duncan, alas Frank Edwards, alias Frank Winters' charged with the killing of George w. Kirkley."
 Colonel Altman, attorney for the de- fendant, objected to the use Of the word "alias' as substitute for the words "otberwise known as" The court over ruled the objection, and defendant de- murred.
 Colonel Altman-"May 1t please the court and gentlemen of the jury, the de- fendant has heretofore entered his plea or not guilty.
 A large number of State witnesses were called, most of whom answered promptly to their names. Of the defendants "lt- nesses only three Or four answered on tne first call but several came in atter short while, and the cthers are expected to appear this morning.
 rhe first witness introduced by the pros ecution was
 pr. wheian: Am practieing physician of this city: attended officer Kirkley in 
 mingham; died from pistol shot Wouhu' hall struck him in the stomach, itttie to the right of the naval. This shot causeo h,s death. Don't know who fired the shot. He made a statement to me two hours before his death when he knew or ms con dition. I talked with him and told him he must die He gave me a description or the man who shot him after l had told him he would die. Described the defen- dant.
 Here attorney for defendant objected upon the ground that the testimony as to what was told the witness by deceased was irrelevant, Illegal incompetent and with no predicate. Court overruled ob- lection.
 Cross-examined stated to Kirkley he was going to die and wanted him to tell me all about the shooting. He gave me the description of this man. That Is all I recollect Kirkley said to me.
 Recross-examined: told him thought he would die about two or three hours be- fore his death.
 Frank Brown. The next witness was Frank Brown, 8 | negro. He said: My name is Frank Brown. remember the night the police men were shot; was standing in Gelder's restaurant in Twentieth street, between First and Second avenues. Knew Tom Fay; saw him that night, before the shooting occurred. They came-this defen- dant and others; don't know all their names. I knew Fay and knew Miller by his face. I saw five of them. They came and asked what I would charge for a room over Gelder's. I had charge of the sleeping rooms there. Said they wanted 1t for two nights. This man Duncan was present. It was about or 10 o'clock Tuesday morning They came and went several times during the day. Duncan. West, Edwards and Fay were there. They would all go in the doom, lock the door, and were drinking beer; saw them there frequently, Duncan among the number. heard the shooting that night At the time of the shooting no one was in that room to my knowledge. I went with an officer In. the room and found Fay. | Never saw any of the men after they left until I saw them in this courthouse NoVtT Scoi any VI thcHi uilti tHetS | night except Fay.
 Heard the Shooting. l Cross-examined-I was on the sidewalk | at Gelders' restaurant when the shot was 1 fired. ran down to where the shooting l was stayed there about fifteen or twenty l minutes Nobody was In the room when l came back The shooting occurred somo | time between g. 10 or eleven o'clock, or | may have been 12 Don't know the hour: | did not look at my watch. Was on duty
 then pretty well all the time. Nobody was present when Fay paid me for the | room Nobody else was present when | Fay made the trade for the room with | me. An officer came around about half | hour after the shooting that night. Said | a gentleman had told him he saw man | up there in the room with blood on him,