The age-herald., 1901-09-17
DEFENSE ENDS
 TESTIMONY IN
 DUNCAN TRIAL Cliff Cahoon Turns Up at Last and Goes on the
 Stand FAVORABLE TO PRISONER State Introduces Witnesses to Impeach His Evidence-Has Stated Previ- ously That He Ran Into
 an Alley.
FAVORABLE TO PRISONER

in the case of Frank Duncan, charged with the murder of Officer Kirkley. The testimony of Frank Miller, given when he was on trial for killing Adams, will be read to the jury this morning. Argu- ments will then begin.
 The most important evidence brought out by the defense yesterday was that of Clifford Cahoon, who was not present when the trial began. Cahoons testimony was in favor of the defendant He said that when Duncan fred his pistol was pointed upward. In his opinion Miller did the fatal shooting Other witnesses tes- titled that at previous hearings Cahoon stated that he ran into an alley after the first two shots.
 Morning Session.
 When placed on the stand he explained his absence at the beginning of the trial by stating that he had been with his grandfather in Clarke county who was old and feeble. He said that he had never been summoned to appear at the trial, but wired that he would come if expense money was sent him, which was done by Sheriff Burgin.
 Heard the First Shot.
 Cahoon testified that he was on Third avenue and Twentieth street when the first shot was fired. Gle drew diagram of the street and avenue, showing the To- cation. of the several buildings on that corner, also showing the position of the several participants in the shooting.
 He was facing Pappageorge's stand when the first shot was fired. After this the largest officer (ISirkley) turned and commenced firing, advancing across the street towards Rensford's saloon. The man who fired the first shot wore light overcoat When the shooting began l went up Third avenue and stopped at the alley way in the rear of Rensford's sa- loon. The man wearing the light over coat fired last. Kirkley was still follow ing him, until he reached the water plug at the side of the saloon. The man with the light overcoat put his pistol over his shoulder and fired the last shot. Kirkley turned around and started back and at that time staggered, and think MT Rensford assisted him. CWitness describ- ed the man who did the shooting. This was the man supposed to have been Mil- ler) The man who passed in front of me was not Duncan, Duncan stood up before the witness). That is not the man who passed me.
 Fired In the Air.
 Duncan Is not the man who had the duel with Officer Kirkley and came up Third avenue. The man with Adams fired the first shot. The man with Kirk ley ran off down Third avenue. Could not tell who the man was. When Kirkley whirled around his back was towards the man with him. I think the man running down Third avenue fired his pistol in the air as he ran. He fired as he started to run. Did not seem to be shooting at any one. Saw this before I turned to go Can't tell whether the man who ran down Third avenue was larger or smaller CT than Duncan.
 Cahoon was recalled at the afternoon session and in reply to question said that he had not had any conversation with Deputy Sheriff Love that he could recall.
 Saw "New York Harry"
 Patrick O'Hara testified that he was engaged in the retail liquor business at No 1872 First avenue atr the time of the shooting Never saw, to his knowledge, Miller at his place. Saw a man by the name of New York Harry. He was there a week before the shooting and the morn- ing after New York Harry was about 5 feet 9 inches in heighth, broad face, with prominent cheek bones. Had small, dark brown moustache, and appeared to have a hair lip. He always wore light oyercoat buttoned up. There was a man at my place often who was called Dutch" Looked something like the pie ture of Miller "Shenandoah Red'' and /"Sheeny Bugs were at my place sev eral times. One day they came in the back door and entered the wine room. "Sheeny Bugs followed the crowd in and New York Harry" and he had fight. Shenandoah Red" was a large fellow with broad, red face 'New York Harry" "Shenandoah Red" and .Dutch" were at my place the morning Officer Boderker came in.
 Had Plenty of Money.
 "New York Harry always seemed to have plenty of money. I remember one treat that cost him over T. have been in Birmingham about sixteen years and have been in business about three years I am of the firm of O'Hara Brothers I could not swear that I ever saw the defendant at my place. but his face seems familiar. Defendant might have been there, but could not swear that ever saw him. until a few days ago. The attorneys for the prosecution pro-