The age-herald., 1901-01-20

had not seen Miller until Monday night. do not know where they were living. Miller and myself were arrested together in An niston. The Saturday before the shooting I saw Miller, Fay. Sheeny and Dutch were with him. I was In Birmingham Tuesday night in room over Geider's restaurant. Fay Miller, New York Harry, Red Duncan and myself were there. I went there about o'clock and stayed until 8. I forget who else was there during that time After s O clock Duncan and myself went out to- gether down town.
 Only Went to Saloons.
 We went to two or three saloons, mo- where else. We were together most of the time. We met two or three others. About 10 o'clock, or fifteen minutes before the shooting, we went back to the room at Gelder's restaurant. Tom Fay, Sheeny- bugs, Duncan, West and myself were there at the time of the shooting. I went to where the shooting was and then went to my room and went to sleep. Next day at my room I saw Miller betweet and a. m. I went to bed about o'clock. Miller stay ed there until o'clock when we went down town and got supper. He left me and saw him next the following day on the train going to Anniston He was with Fay We all got off the train at the junction near the water tank. We were arrested on the train going to Rome.
 'The night of the shooting the last time I saw Miller was about Il o'clock in sa- loon opposite the postoffie."
 On cross-examination witness said: ''I took down the part of Edwards testimony which I have just read. 1 have my steno- graphic notes somewhere in the city"
 Defendants counsel then moved to ex- clude witnesses testimony on the ground that he had read it to the jury instead Of refreshing his memory and then testifying, and also because the original notes were the best evidence. Motion overruled. Con- tinuing, witness said: T have not seen these notes for several months before I gave them to the solicitor about week ago. I swear positively that the witness testified to what have just said. He tes- tified also that he registered at the Metro politan Hotel the night before he left Bir- mingham"
 At the conclusion of this witness testi- mony the state rested.
 Defendants counsel then moved to ex- clude all evidence of Miller's coat and Miller and Duncan being seen Third avenue as not having been connected with defendant. Motion overruled. Judge Greene stated, however, that testimony to the amount of money taken from the Standard oil Company was excluded, on the ground that it's corporate existence had not been proven, but the other evidence of Mr. Wofford's $10 being stolen and the pistol, was in
 Defendants Two Witnesses.
 The first witness for the defendant was E. Lesser. He testified: 'I am proprietor of the Metropolitan Hotel and was such last March," A register was here shown witness. He said that on March 2S 19OO Frank Edwards stopped at his hotel. He left before a. m. morning of the 29th.
 On cross examination he said he did not know by the book that one F. M. Edwards stopped there and that his bill was paid.
 Solicitor Heflin was then put on the stand and asked where he first got the written testimony from which MT. Walker had testified He said he first got 1t from MT. Walker That it had never been lost and had been seen by Solicitor Ferguson and Judge Greene. That it had been locked up in his office. He said that Col. Montgomery had it week or two while preparing his bill of exceptions That it was now in the same identical condition that it was in when he first saw it. Asked by MT. Cahalan if he had not at one time refused to let him see it he said that he had, because he (Mr. Cahalan) wos not entitled to see it.
 Solicitor Hefin was the last witness put on the stand for the defendant. At the conclusion of his testimony the defendant closed his case, and Assistant Solicitor Me- Queen began the opening argument for the State.
 At the conclusion of Assistant Solicitor McQueen's argument Frank Cahalan ad- dressed the jury on behalf of the defend ant Solicitor Hefiin made the closing ar gument for the State, after which Judge Greene charged the jury and at 5:30 D. m they retired to make up their verdict. At o'clock verdict had been reached.
 Attorney Frank Cahalan said he would decide in the next day or two whether to appeal the case.