The age-herald., 1901-09-11
Court ExhauSts the Regular Panel and Adjourns
 Till Today
CLIFF CAHOON'S TESTIMONY
The Prosecution Decides to Admit It Rather Than Have Continuance Granted to Get Him
 In Court.


 of Monday and most of yesterday, in or- ganizing three jurIes for the week, dis missed all of the jurors yesterday except those selected for the Frank Duncan case. The state and the defendant an- nounced ready for trial yesterday after noon, and eleven jurors were obtained These exhausted the panel, and court ad- journed until this morning, when the twelfth juror will be selected.
 The jurors so far selected are J. W. Blankinship, T. L. Hammonds, ". A. J.. Mccain, T. c. Gwinn, s. LN Horton. A. c. Robinson, Fred Greer. T. J. Nichols. c. w Underwood. E, F. Going and R. J.. Sanders.
 A striking feature in selecting the jury was the number of jurors who were ex- cused because they would not convict on crcumstantial evidence, and the number who said their minds were biased against the defendant One juror was excused by the defendant because he was an under taker his counsel remarking as a rather grim joke that it was not yet time for that.
 "A WlhHpS6 fNpoGues
 It took the court from o'clock until Il o'clock to finish selecting the three juries Frank Duncan, who was waiting for his case to be reached, then took his seat be side his counsel John T. Shugart and J. J. Altman. The defense announced that they were not ready, as Cliff cahoon, ma terial witness for the defendant, was not (. kJxa.. no made on this ground. but pending this application court adjourned until ? o'clock.
 When court reconvened, defendants counsel stated that they expected to prove by Cliff Cahoon that Duncan was not present on the night that Officers Adams and Kirkley were shot Also that by mother absent witness, Charles Mays, that he knew O'Dell, otherwise known as "New York Harry" and that he saw him in Atlanta about March 29 or 30, and that he had. told Mays he had been In Birm- ingham at the time of the shooting and "had had hell' over there As this wit ness resided out of the state, and was be- yond the jurisdiction of the court, the ap- plication for continuance on account of his absence was not urged.
 The State would not admit this showing, and contended that the defendant did not have sufficient grounds to believe that the absent witness, Cahoon. would testify as claimed, and moreover contended that all applicati tions for continuance were ad- dressed to the sound discretion or the court and that the defendant on his snow ing was not entitled to one.
 They asked to be allowed to introduce witnesses to prove that if Cliff Cahoon were present that he would not testify as claimed by the defendant. This was al- lowed, and several hours were consumed in finding out what Cliff Cahoon really did say.
 Pending the hearing on this question the thirty-six jurors were sent out of the court room, so that they would not hear the testimony.
 Squabbling Over Cahoon.
 The State then proceeded to introduce evidence to show that Cliff Cahoon If present would not testify as claimed by the defendant.
 Chief of Police Austin was the first wit ness for the State. He testified that Ca- hoon had told him that he was standing near the door of Rensford's saloon on the night of the shooting, and that when the first shot was fired he stepped into an entrance way and did not see who fired any of the shots. -.t--r
 Attorney Wade Mothershed then testi- fled that he was in Montgomery at the time a hearing was had before the GOV ernor for executive clemency in the case of Frank Miller. That Cliff Cahoon was present at the time and was examined orally by MT. Bowie. Cahoon stated that on the night of the killing he and Lee Edmonson came out of the Stag saloon and started across Twentieth street, on the south side of Third avenue. When they reached the first street car track there was a shot fired near .Papageorges 8 fruit stand by & man with a light over coat on in company with Officer Adams That when the first shot was fired Officer Kirkley. with the man ih front, turned and fired, and the man with the light overcoat turned and ran up Third avenue and passed within two feet Of him. ana that 1t was not Frank Miller. That he ran into a doorway near an entrance to an alley after the first shot. About nf- teen or eighteen shots were fired
 Man With Light overeoat.
 On cross- examination the witness stated that the hearing before the Governor vas to establish that Miller was not the man who had on light overcoat. and that the question of Duncan being there was not involved. Cahoon did say that he saw the last shot, but I don't remember whether he claimed to have seen all the shots or not He claimed to account for all but not to haee seen all. He said the