The age-herald., 1901-09-14
FRANK DUNCAN'S TRIAL IS SLOWLY COMING ID CLOSE Detectives Bodeker and 0iShe- room Tell About How the
 Gang Was Arrested MUCH INTEREST MANIFEST Wltnesses Testify as to Finding Bot tie Containing Oily Substance,
 Which Was Exploded-oues-
 ton Who Fired Shots.
MUCH INTEREST MANIFEST

The trial of Frank Duncan, charged with the murder of Policeman Kirkley, Is dragging along slowly in the Criminal Court. Yesterday several important witnesses for the State were examined. Solicitor Hehin thinks he will finish with the State witnesses this morning, and evidence for the defense will then begin.
 Large crowds of both whites and negroes attend each session of the trial, and much interest is centered upon the jury's verdict, inasmuch as the defendant is now serving life time sentence for being an accomplice to the murder of Policeman Adams.
 It was nearly 10 o'clock when the morn ing session was called to order by Judge Greene. At this session only three wit nesses for the State were examined, the first being Coroner W. D. Paris.
 w. D. Paris.
 I saw shooting. Had been to Ensley and came to town on electric car arriv- ing here at 11:55 o'clock. l walked up Third avenue and passed the two officers with Miller and that man Duncan)' Heard Miller say we are railroad men and don't want to be arrested Were about half way between Nineteenth and Twentieth streets, right hand side going up, when I passed The officers said you will have to see the captain They fol- lowed behind me. Officer Adams was with Miller and Kirkley was with Dun can. am pretty sure it was them. had reached Twentieth street between Second and Third avenues opposite Bar ber's drug store when the shooting be- gan. Miller was shooting and Kirkley running after him. His pistol was empty! Duncan was below me and I could not l. see him, but saw flash of pistol. Miller wore light overcoat when I last saw him and was near Rensford's bar running to- wards Twenty-first street. I don't know exactly how many shots were fired. Mil Ter was shooting at Kirkley and kirkley was returning the fire. Four men were shooting.
 C,ross- -Examination-I had been out at Ensley attending a political meeting; got off the car at Third avenue and Elgn- teenth street. turned up Twentieth street at Third avenue. These men were nearer Twentieth than Nineteenth street. h1d never seen Duncan before; was walking rather fast when I passed the officers and men: was in hurry to catch car to go home Don't know whether. my head was down or not All of the men were close together when passed. Adams end Kirkley were on outside of walk aId Duncan and Miller were between the of- ficers and the wall and passed next to the wall Just saw the side face of the defendant; was put on the stand by ,he State in the first trial and was, not asked to identify Duncan; don't remember who took down testimony on last trial heard Miller say: I've are railroad men and that (Duncan) is my fireman" Had been asked several times about the case before the other trial. I told one of the defendants attorneys did not see Dun can shoot; told him that knew Duncan was with Miller. I was standing behind a telephone Cor telegraph pole during the shooting, about three doors south of the shooting, and could see what was going on at the corner; did not see first shot; did not hear pistol snap. I swore st other trial that was standing near tele- graph pole. I stated at first trial when Miller stood up he looked to be a larger man, and If he would put on the overcoat I could Identify him. I did not call on Duncan to stand up, at the first trial, for me to identify. did not say on the other examination that did not see first shoot ing; said several shots were fired. don't know whether Duncan ever fired shot or not.
 E. R. Rivers.
 r,t-. he was in his office in the Hood building on the night of the shooting. Either eleven or thirteen shots were fired. The building is about one hundred feet long and my window about seventy-five feet west of Twentieth street.
 Cross-examination-Th first series of shots attracted my attention, and when the last shot was fired I opened my win dow Was not sure the flash I saw was from a pistol or an electric light. Heard firing very distinctly.
 pr. Charles Whelan.
 Dr. Charles Whelan-I was with Officer Kirkley short time before he died. He made statement to me in which he stated that he had been notified of the Standard oil Company robbery. He and Adams had been on the lookout in the lower part of the city, when they saw two suspicious characters. Followed them to simon's saloon. They walked out back door and went east on Third ave- | nue. One had light moustache and other | a big Dutchman. They said they work l ed for the railroad. and the officers told 1 them they would have to take them in.