The age-herald., 1901-09-12


 neer went on upstairs Fay only rented one room, Another gentleman was In the room with him. 1 did not go in and exam me that room when I came back from the shootingi but did go in three or four or the rooms. When I went to where the shooting vas, I saw one man shot and lying on the sidewalk: saw several poiiee- men passing about there When the last shot was fired, was standing on GelderA steps
 Re-erossed-Duncan was one of the men Tn the crowd who occupied the room. Tom Fay paid for 1t. When they first came to inquire for Q room, said they wanted 1t for themselves. The entrance to the room was upstairs. The rooms are arranged six on each side of the hall, and there g. no outlet except by the front steps Saw another man there with Fay; found Rim there. but did not see him go up.
 Peter Simmons.
 The next witness was Peter Simmons, negro.
 He said: remember the night when the officers were shot. remember Polce> men Adams and kirkley It happened in Third avenue, between Nineteenth and Twentieth streets. I was running res taurant then. heard the shooting. From my door saw man going down Third avenue from Twentieth street My res
 
 georges corner, Twentieth street and Third avenue. man ran along the side walk and ran within about three feet Of me. l could see him well. I saw the man. As he ran he shot backward over his shoulder I sec him now in this court room (Here witness pointed toward the defendant. He kept on down Third av- enue Heard a good many other shots fired. saw Policemen Kirkiey and Ad- behind men. Nobody else was running down that way then. Saw Kirkley cross tho street to Hood Building and lie down against the wall This all happened apout F o'clock, or about the hour for officers to change. The man who shot backwards was running down Third avenue to"aro Nineteenth street.
 Witness who was apparently suffering physical pain. stated in answer to ques- tions as to the cause of his apparent sur fering that he had been injured in coal mine recently where he was working as free miner.
 Cross-examination I was examined in the case before and swore substantially the same as I do at this trial. l got out on the street as soon as heard the two shots fired. Quite number of shots were fired on Third avenue and twentieth street Don't know exactly how many feet I was from the man. My restaurant
 
 pageorse used. When l first got to my door, the man running had nearly reach ed my door He then angied across the street. that Is. Just about the time ne reached my door. could see flashes rom the pistols after got out in the street, Never saw this man Duncan before 70 know him After that I never saw nim until saw him in the court room on the first trial Don't know how long this was Don't know how the man was dressed. No one was With me at the door. My wife and 2 hired boy were m the house Could see the light across the street. could see the mans race He had sandy mustache, himhroslwhrdl mfwy rdl fw yrdi Ivy Joseph A. Clayton. The next witness was Joseph A. Clay ton He said: l live in Birmingham. oh or about the 27th of March last was employed by the Standard oil company at it's place of business about one mile from here, on Avenue \, about the wes.- ern limit of the city. My duties were to help around the yard and to watch the property of the company. On or apout the date mentioned number or neh at- tackled me in the night time, struck me- wounded me in the head, shot me Ill the foot. I saw these men. My pest 1uos- ment is that the man Miller. shot me in the foot Had to have my foot ampu- tated from the effects of this shot. The keys to the safe were taken and the sa1e robbed. The sum of $330 in cash. pocket book and other property taken, All or thfs property was in my custody This man Duncan was one Of the party. iesaw ms face we'll There was a light there. l am positive he is the man. Seemed to be seven or eight men in the crowd Had seen Duncan and West before this Saw them walking around the premises few | days before they made the attack upon in some sharp instrument. When was shot was shut up in closet and left bleeding. Closet was locked. The safe was blown open Several shots were fired. was l kept in the closet for some time. My pis- tol was taken from me saw the pistol afterwards in this court room.
 Cross examination = I examined the safe that night I testified on the other trial that I could not identify Duncan. | That trial came off about May ', 1900. l did not then positively Identify Duncan, | as I could not feel certain then. l did not put the money in the safe mysei, and I don't know of my own knowledge l the exact amount Am not bookkeeper nor treasurer of the firm, but was the watchman. Don't know whether or not | the men intended to shoot me. The house was lighted by lamps. Duncan put | basket or something over my head saw l this man Duncan after the crime was committed; saw him several times. Dia not identify him when I saw him In jail. | Can identify him now, Was not as clear in my mind then as now. I Identified | my pistol by a screw that was In It. Saw l a pistol here some time ago they said was mine. It was not the one first shown me.
 (Pistol here exhibited to witness) rms | ts not the pistol that was in evidence at | the first trial, I am positive this Is not my pistol Mine was of the same make. After a discussion as ito the identity of | the pistol court adjourned at 5:15 p. m.