The age-herald., 1901-09-14

struck him in abdomen and extracted it from the small of his back.
 Cross-examined-To best of my recol- lection Officer Kirkley said, las I turn ed" He turned to left. The bullet went to the right. The officer was about twen- ty feet in front of Officer Adams. The only description Kirkley gave was that one was a big Dutchman and the other had moustache. Said what caused him to turn was the report of a pistol, and when he turned he said, The got the bull let"
 Re.direct-I extracted the bullets from both Kirkley and Adams. They caused the death of each, The bullet that killed Kirkley was larger than the one that killed Adams, 1 think
 Afternoon Session.
 The afternoon session was called to or der at 2:15 o'clock and an adjournment was not taken untiI 5:35 o'clock. During the afternoon several important witnesses were examined, among them being Offl- cers Bodeker and former Officer w. ID. Disheroon, the men who arrested Miller and Duncan in Chattanooga. MT. Dishe- room was the first witness called and he testified as follows;
 Was a special officer of the police de- partment of Birmingham on March 27,
 
 House, in Montgomery street, Chattanoo- ga, together with Fay and West, the sec- ond day after the shooting. We were coming across the street and saw Dun- can in his undershirt and just as he nad' had fresh shave. He was sitting about four feet from window, and am satisfied that he saw me. I started towards the house and he. started to the rear.
 II found three pistols and some dyna- mite cartridges In the room next to where Duncan was arrested. They were hid in the ceiling. One was a new-style Colts, one a peari-handle Smith & Wesson and one Harrington & Richardson. They were all turned over to the chief of po- lice of Birmingham; can identify the Harrington & Richardson revolver (wlt- ness was shown the pistol last referred to and he identified 1t as the one found in the defendants room at Chattanooga).
 '"The prisoners were brought to Bir- mingham Sunday night following the shooting. After reaching Birmingham I was shown a h-pint whisky flask non- taining an oily substance, which was at the police headquarters; carried 1t out near Thomas furnace and used piece of fuse and cap and exploded its contents between two trees: was a very loud ex- plosion and the trees were badly torn up.
 Cross examination-Hass Is Duncan's father-in-law. Don't know how long the
  ''Sheeney~ Bugs was not at Hass when I went there. Don't know who put the pis- tols in the ceiling. and don't know how long Mrs. Duncan had occupied the suit of rooms.
 Tn the suit of rooms were Mrs. Dun cans father. and an aged woman. Found Duncan In the rear room on the left of the building. The pistols were not in the room in which we found Duncan. Was prevented from entering one of the rooms. The building was a low two-story franc structure. The defendant had a razor tied around his neck in a regular holder when arrested.
 I could not swear that Duncan saw me coming across the street. I did not have on uniform, or badge or anything to iden- tify me.
 Re-direct-Officer Bodeker was with me at the explosion.
 Recross-The dynamite cartridge was about the size of a pencil. An explosion of one would blow a mans hand off, and they are very dangerous. I have handled cartridges of this kind a great deal and know what they can do. Don't know what they contain.
 The Hass house is known as a lodging and boarding house. We arrested eight men. Brought three to Birmingham and released five. Brought all three pistols back to Birmingham I did not testify at l of the pistols. D. After the explosion nothing was seen of the liquid that was in the bottle,g lr Officer Bodeker.
 Officer George 1T. ,Bodeker-I am a DO. hceman and was so on date of shooting. I assisted in the arrest of Frank Duncan at No Montgomery street, Chattanooga. The arrests were made on the 30th Of March. think Dlsheroon and I were tc> gether. When we started across the street, all of the inmates rushed to the back of the house. l was with Disheroon at time of explosion. The explosion was very loud and could be heard one-halt mile away.
 We brought three pistols back from Chattanooga 1 have seen the pistol since 1t was brought back to Birmingham
 I saw Duncan twice before the killing. Met West and Duncan the night before the shooting in Twentieth street between Scond and Third avenues. Saw "Sheeney Bugs" Edwards and Fay on the streets before the shooting. I was in Chattanooga when Officer Kirkley died. ,t
 Cross Examination-Dishero and I exploded the bottle about one-Quarter of a mile east of Thomas furnace in the fork of a twin sweetgum tree, which was about eight inches in diameter.
 1 took Duncan before Adams Adams pointed to Duncan and told him that he was with him and Officer Kirkley at the time of the shooting. Adams told him (Duncan) that he shot his pistol, but was not positive that Duncan shot Kirkley. Adams pointed to Miller and said, You are the man that shot me-" 1 am posi- tive that Adams said to Duncan that he fired his pistol. Dr. Wheian, ". P. Mc- Crossin, C. w. Ferguson and think Dr. Mobley and Officer Disheroon were at the hospital at the time took Duncan and Miller before the wounded officer.
 Re-direct-When arrested Duncan said that he had not been in Birmingham in three or four months. l saw Duncan the evening before the killing. Was probably five or six feet from him.
 Re-cross-New York Harry has a very rough face, heavily built, and is unlike the defendant. Had what consider a light brown moustache and the facial expression was entirely different from that of Duncan. Only saw New York Harry once and that was at O'Hares' saloon. Have not seen him since the shooting.
 Re-direct-Duncan said on his way from Chattanooga to Birmingham that he left Birmingham the morning of the shool- ing. accompanied by John D. West. He told me that he was standing in the door way of Gelders' restaurant the night of the shooting and heard some of the shots. Said he staid up all night. I did not offer any inducements to him to make a confession.
 Showed him photograph while he was in the county jail and he said that 1t was New York Harry. No one was with me when I was talking to Duncan at the jail
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