The age-herald., 1901-09-18

shooting at Chattanooga. Met Miller two months previous at Chattanooga
 I came to Birmingham the night pre- vious to the shooting and staid at the Louisville hotel. Next evening moved to rooms over Gelder's restaurant. Was around town the night of the shooting of Adams and Kirkley. I was in the room over Gelders when the shooting occurred Miller and New York Harry" were not in the room with me at that time heard the shots fired. It was about F o'clock. I never saw Kirkley dead or alive. had nothing to do with the shoot ing. Never had any trouble with the po- licemen of Birmingham, MT. Smith never saw me in any part of town Left room over Gelders' about 9:SO o'clock, and went down alone. Went to the Jefferson Theatre and staid there probably half an hour Returned to the room about ten or fifteen minutes before the shooting.
 Court adjourned at this point until the afternoon. when Duncan continued his testimony as follows:
 Went to Chattanooga.
 Fay, "sheeney Bugs" Edwards, West
  when I left Edwards and I came back together. I found him In saloon. That night I went down to the room in Seven teenth street believe Awoke about day light and went down and got breakfast and took train for Chattanooga Left Birmingham the morning after the shoot ing about o'clock Went to Chattanooga and stopped at the Haas house. My wife was there and that was my home. Did not look out of the window and see any officers come up to the Haas house. Wit ness shown pistoD. To the best of my knowledge that is the pistol Clayton swore was his on first trial. He swore at this trial that 1t was not.
 Miller and myself were not In jail In Atlanta together. We were in Jail in Au- gusta on charge of burglary. Was never in the penitentiary at Chester, Ohio. Am not on parole from that peni- tentary on a charge of burglary. Defen- dant dropped his head as he made the last statement.
 Came Here Looking for Work.
 came to Birmingham to secure en- ployment of some kind. I decided to go uOnS Lne HlSHL OI Ine SnOOll0B. Wdlfltu to see my people I suppose, My pistol was brought back to BlrmIneham. I suppose Don't know where it was found Last time I saw 1t, the weapon was In my room. "Sheeny Bugs got my pistol, Dick Vests and his own pistol and concealed them In the ceiling. Tom Fay Miller and I came to Birmingham together First time I ever saw West was in Birming ham. He went from here to the Haas House. Tom Fay was arrested there. I staid at the Louisville House the first night I was here. To best of my knowledge West and Fay were with me. Did not see any pistols in the Seven- teenth street house. Did not bring any baggage or tools to Birmingham with me I intended to secure employment at some railroad here, but did not have time to make application.
 identifies "New York Harry" I know New York Harry by sight Defendant shown photograph of New York Harry. Objection by the defense overruled. Referring to photograph: That is the man left Miller with. It Is good likeness of him.
 Re-direct-Never saw West or Edwards until I saw them in Birmingham Did not go to Augusta, Ga, with Miller. I | met him there. Saw him for the first | time some two months before I first saw | him here. Was not in jail at Augusta for burglary. To my own knowledge don't know what he was arrested at Augusta for. Am not familiar with Birmingham I T not .,,t tHa pistols in the ceiling. The pearlshandle Smith & Wesson revolver was the proper ty of "Sheeney Bugs"
 Paris Gives Testimony. In rebuttal the defense put w. D. Paris on the stand. He testified that he knew the Rev. B. A. Wright. Did not tell him I saw Miller and Kirkley firing at each other and did not tell him I never saw Duncan until they had him in jail l Cross Rev. Mir. Wright is not friendly towards me.
 The Rev. E. A Wright was put on the | stand and the State objected to him tes- tifying Objection overruled. MT. Paris stated to me about October 15, 1900, that Miller and Kirkley were firing at each other and that he did not see Duncan until they had him ip jail.
 Cross-e ss-examination-My feelings towards Paris are friendly. Was clerk for him and asked him for pay for my services and he as good as ordered me out of his office. Said he would knock me down fl I came there again. have served on two | juries with him. Helped elect him to his position. Did not try to get his position
 After short recess the arguments be- 1 ean Solicitor Harrington P. Hefiin open.