The age-herald., 1901-09-18
Nervous and III at Ease the Defendant Goes on
 Stand
ARGUMENT IN CASE BEGINS
Testimony During Afternoon Session Involving Question of Veracity Be- tween Coroner Paris and the
 Rev. E. A. Wright.

Frank Duncan, nervous and i'll at ease, went on the stand in his own behalf yes- terday afternoon. He allowed himself to become bewidered at critical times and 1t is doubtful if he or his attorneys are satisfied with his showing. The argu- ment in the case began about 3:30 o'clock.
 Duncan swore that he was In the room over Gelders restaurant when Adams and Kirkley were killed. Nothing could move him from this statement which was corroborated by Tom Fay, who claimed to have been in the room with him.
 An interesting feature of the testimony was the evidence given by Coroner w. D. Paris and the Rev. F. A. Wright, which involves question of veracity be- tween the two gentlemen.
 Court Reporter M. J. Walker was the first witness called yesterday morning. Mr. Walker took part of the testimony in the trial of Frank Miller for the murder of Officer Adams. and he read the evi- dence as given by Miller. Miller said that he met the officers as they came from Simons saloon.
 Me and Harry walked about a quarter of the block when the officers came up, and the big one asked me several ques- tions and they decided to take us before the captain he said.
 'I walked in front with Kirkley and Harry was with Adams. Heard a shot be- hind me and pulled my pistol and start ed to run down Third avenue, shooting over my shoulder When the shot was fired Kirkley turned his back to me and I took advantage of this and ran My partner, New York Harry had on a light | overcoat and a light hat. His face was | like bull dog He had a light brown moustache and there was scar upon his | lip. I had no overcoat. CWitness identi- | fled the overcoat in evidence as one look ing like the one New York Harry wore.) never shot either Adams or Kirkley. l Was arrested in Anniston. Was brought 1 to Birmingham Thursday night and was not taken before Officer Adams for iden- tification until Sunday night about 10 o'clock"
 Witness described being taken to county jail, and the incident when Duncan was pub III iiiiC hiSh OtiiNhS NO pO iNtieAhSN oJ | Jim Perry.
 1 Scars On His Body. l 'I had a 32-calibre long pistol on the night of the shooting.' Witness removed | coat exhibiting burns received while working in a glass factory. He also spoke I of being crippled In one leg while endeav- bring to stop a runaway horse. Inc uitn mined hV Solicitor He1in, who first undertook to bring out the facts about the safe rob l bery, but Miller refused to answer any | questions which would have incrimn- ated himself and associates In connection with the robbery. Miller denied being in Birmingham Monday afternoon before the | shooting. He was not at Sixteenth street | and Eleventh avenue Monday afternoon | At this time defendant was in Chatta- nooga preparing to come here On night of shooting Miller said he was with New York Harry from about S:30 o'clock until the shooting Witness pointed out differ ence in the appearance of New York l Harry and Duncan. He refused to state whether or not they were at the Standard oil Company
 | Witness told of serving two years in the 1 Columbus. Ohio penitentiary for passing a counterfeit dollar.
 Duncan Was Over Gelders.
 Tom Fay, a member of the gang, and l who is now serving term, testified that at the time of the shooting he was in I the room over Gelder's restaurant. Heard the shots Duncan was in the room at the time of the shooting.
 Cross examination-Know Frank Miller and New York Harry" (Witness shown photograph of New York Harry.D That is New York Harry" He was about | five feet nine, and had flat nose, broad face brown hair and moustache, thick lips and large mouth. Saw him last about 8 o'clock the night of the robbery He was in the robbery and all of them went out together Me and "Sheeney Buggs' staid at the room. I met defendant three or four days before. Had been acquaint- ed with Miller for couple of weeks. Knew him in Atlanta before that. Came to Birmingham with Duncan, New York Harry,. "sheeny Bugs" and Miller from | Chattanooga.
 Duncan In His Own Behalf.
 Frank Duncan was then put upon the stand and testified as follows:
 am 33 years of age and was born in Ohio. Have been fireman on steamboats f in Puget Sound and on the Ohio river. Fired on the Queen on Puget Sound and "Dick Fowler on the Ohio. knew Miller and "New York Harry" Met 'New
 York Harry few days before the