The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-05-31
Cells Searched Twice a Week.


H. P. Berry testified that he was war
den at the time Miller and Duncan were
In the Jail He said that every cell was
searched twice a week and every prisoner
two or three times week. He searched
everything closely that went into the
jail. Miller was searched every day and
his cell changed frequently. He did not
think IT possible for anything to have
been smuggled into the jail while he was
warden.
David Minis, the day warden at the Jail
when Duncan escaped. testified that his
hours were from to g. w. II. Ball was
the night warden. II locked up the cells
that night at o'clock" he said. Dun
cans cell had not been Unlocked that
day. | saw that the lever was locked
and that all the other locks were In po-
siton. They are spring locks and you
can tell by looking at them whether they
are locked. Mr.. Morrow was on duty
that night just across the alley IN the
court house. An electric call bell con-
nected with his>room from the jail" Here
the lock to Duncan's cell was introduced
in evidence and identified by the wit
ness. The tongue of the lock had been
sawed through.
| w. H. Ball, who was night warden at
| the time Duncan escaped, testified: II
1 received the jail. keys from Mr.. Minis
1 stayed on duty all night. was awake
and In the office. 1 heard no unusual
noises that night and knew nothing of
the escape until the next morning"
Witness was here shown the lock Of
Duncan's cell and Identified it.
Il was instructed by the sheriff to use
much diligence In caring for the prison.
ers, especially Duncan. Duncans cell
I-a,A Ir.l all
On crosse examination the witness said
that he was sitting up all night and did
not lie down. He did not hear the wire
netting fall down.
Deputy Sheriff Albert Stradford was
recalled ard identified a pair OF shoes
ordered by Frank Miller and intercepted
The soles had been found to contain
Saws.
Burein on the Stand.
Sheriff A. w. Burgin then took the
stand. He said that he knew Frank
Duncan. He was tried the second time
during my administration. He was in
cell No. 1. Mr.. Ball was the night jail
warden He had been a Jail guard or
deputy sheriff under Captain O'Brien.
The same precautions were used by
me as were used unuer Sheriff O'Brien
Besides this l had telephones placed In
my residence and those of Mr. Courson
and Mr.. Stradfort. There were also cleo
trio call bells connecting with the sher-
IFS office where there were deputies on
duty and where there were arms No
one was allowed to see Duncan without a
deputy being present. Mr.. Ball and Mr.
Minis were both competent officials. l did
not allow a loaf of bread or a piece Of
tobacco to be sent to Duncan without
having 1t cut and examined.
"At the time of the escape / was at
home with my wife who was very ILL.,
/ had not been to the office for over a
week except for a few moments at a
time. / left Mr.. Stradford in complete
charge of the office during my absence"
He Paid for Extra Guards.
Sheriff Burgin stated that there was not
a word of truth in the statement that
he had paid Abe Mcdaniel $40 a month
and collected $50 from the county. He
said that he had paid out of his own pock-
ct between $500 and 500 for extra guards
to watch Miller and Duncan. That 1t
was impossible to keep things such as
saws out of jail He had found there
keys made out of wood and knives and
daggers made out of bed springs. Dun
cans cell was searched from time to time
under his orders and he had had Duncan
stripped and a new outfit of clothes given
him. When he had been detained at home
by the illness of his wife he had left
Deputy Sheriff Albert Stradford in charge
with full authority to spend any amount
Of money necessary.
DR.. Cunningham Wilson then testified
to the illness of Mrs. Burgin and said
that she was so Ill as to require the con-
slant presence of her husband. The de-
Tense then announced closed
No arguments were made. The judge