The age-herald., 1901-09-13
TWO WITNESSES SAY THAT MILLER
 DID SHOOTING John Pappageorge. Greek, and a Negro Who Saw
 the Tragedy
DID NOT SEE DUNCAN FIRE
Testimony Heard as to How Duncan and Miller Escaped 10 Chattst noona-seen In Vicinity Of
 Standard OH Plant.

The testimony of John Pappageorge, witness for the State in the Frank Dun- can case, yesterday seemed to please the defendant and his counsel. Pappageorse sworc he saw the shooting under bright lights, and that all the shots were nred by the police officers and Miller. This statement was corroborated by a negro witness. who followed Pappageorge.
 c. T. wofford, the first witness, testi- fled that he was cashier of the Standard oil Company's business here the night the safe was robbed and the policemen shot, He said that Clayton was on duty as watchman that night. He identified the pocketbook that was stolen from the safe.
 H. A. Smith testified that he saw Miller and Duncan at Eleventh avenue and Sev- enteenth street, South, on the afternoon before the robbery and shooting. One of them asked him If policemen ever came over that way. He would not swear posi- lively, but according to his best Judgment Duncan was one of the men.
 Merida Wilson corroborated the testt mony of MT Smith, but could not identify the defendant
 Mrs. Andrews, formerly Miss Lola Ash ley, nurse at the Hilimau Hospital, tes- tiled as to caring for the wounded off cers Mir. KirlSley did not tell her that the man with him had German brogne.
 Pappaseorge TestlfIes.
 John Pappageorge was next sworn and said:
 1T was on the corner of Third avenue and Twentieth streets the night Kirkley and Adams were shot. I witnessed the shooting. KIrkley was coming from to- ward Nineteenth street to my place Of business Kirkley spoke to me. He had some man with him, but I could not tell who he was. Adams was coming behind with Frank Miller. As they started across the street, Miller started to run. Adams told him if he did run he would shoot him. Miller then shot Adams. Miller went across the street toward the Rensford sa- loon and Kirkley then began shooting at Miller. Saw no one shoot except Miller and the two officers. Fifteen or eighteen shots were fired in all. Saw Miller as he was firing every shot. The light there was the city's arc electric light and Kit son ligh, at my place. Could see well all across the street and avenue. Did not see where the man went who was with Kirkley He was on Kirkley's left, and Miller was on Adams right. ei's Cross-examinatlon-On three men did the shooting Had my face toward them, and could see. Officer Kirkley with his man was In front: Adams and his man behind them IS or 20 feet. saw Miller when he fired the first shot Did not see Miller pull out hls pistol. but did see him shoot Don't know whether Adams shot up. Miller shot over his arm last tirne. Kirkley followed him shooting at him Miller may have pulled a second pistol without my seeing him do so. Could not identify man with Kirkley. Both men passed.me.
 Re-direct-Man with Kirkley was about the size of this defendant.
 Re-cross-Could not identify this defen- dant as being the man who was with Kirkley. When Miller shot first at Ad- ans, there had been no shooting, but then It was that Kirkley whirled and be- gan shooting at Miller
 Court then adjourned until p. m. Got on A. G. 6. Train. 1 At the afternoon session the first wit | ness sworn was George A. Paul. He 1 said:
 1 Am a conductor on the Alabama Great | Southern Railroad. I remember the time Policemen Kirkley and Adams were shot. l was conductor on passenger train No. 2, running from Birmingham to Chatta- nooga Train left Birmingham about 5:55 a. m. Don't know thls defendant per- sonally, but have seen him before. Saw him on my train with another man after the shooting. I knew a man called J. P. West, he was with him and they sat on seats facing each other. Got on at Birmingham and were ticketed to Chat tanooga. Saw them no more after reach ing Chattanooga. Not positive when I next saw them, probably the next Sum day coming from Chattanooga to Bir- mingham. Going up they sat near the rear end of the smoker. Their conduct attracted my attention because when any one would come in the car they would look up quickly. one watching each end of the car. They left here. I think. the morning after the policemen were shot.
 corroborates Pappageorge.
 James Perry. colored, was next sworn. | He said:
 When the shooting occurred I was at | the corner of Twentieth street and Third avenue Saw the policemen talking to two men. Saw Duncan, the defendant,