The Birmingham age-herald., 1903-12-19
CONFESSION WILL GO IN AS EVIDENCE John Bibb'S Statements De-
 clared Voluntary DEFECTIVE ON THE STAND Jury Was Out of the Room Most of the Day While Advisabiity of Tes-
 timony Was Being
 Argued.

timony Was Being
 Argued.
 The most important development in the Bibb trial yesterday in the criminal court was the ruling of the court that the con- fession of John Bibb, the defendant to the robbery of the safe at the union passen- ger station, was competent testimony.
 A hard fight was made on this point be- tween attorneys for the two sides and the jury was no brought into the court room until after o'clock yesterday af- ternoon.
 It is pretty generally known that Bibb made the confession in the presence of Chief w. E. Wier Superintendent B. M. Starks and Detective Bodeker on the day he was brought to Birmingham from Nashville, but there is always a question in law as to whether confession Is admis- sable as evidence before a jury.
 In order to make 1t admissible the state must show that the confession was vol untary and was not made as a result of threats, intimidation or promises of leni- eney. The ruling of Judge S. E. Greene was that the confession of Bibb was vol untary.
 Officer Bodeker, MT. Starlxs, J. NJ Ledgewood. Chief Wier and John Bibb were all on the stand during the day while the jury was out of the room, and were examined at length regarding the confession said to have been made in | foF mony was finished the attorneys argued the matter before the court and these were not finished until late in the after noon.
 After the jury was brought in Officer Bodeker was the only witness examined during the afternoon. He explained in detail the confession of the defendant to the crime for which he is being tried and also went over the case as worked up by him and the other detectives.
 Bibb and George.
 An interesting incident of the trial yes terday afternoon showed what kind of friend Bibb considers w. S. George. At torney Allen aged Officer Bodeker who that man George was and MT. Bodeker replied that he was a friend of Bibb. As he said this Bibb shook his head nega- lively, with a smile on his face which showed plainly that he did not regard George in that light.
 Another rather interesting fact that de- veloped was regarding the stenographc report made of the confession of Bibb. Stenographer Ledgewood of the Louis- vile and Nashville railroad made a re- port of the conversation and he testified l that he had destroyed the notes as he understood there would be no further use for them.
 The hearing of evidence will be con tinued this morning at 9:50 o'clock | Officer George Bodeker, detective in the Birmingham police department, was ex- amined before the jury was brought in in order that the ourt could pass on the competency of his testimony.
 Bodeker Talked to Blbb.
 He was the first witness introduced dur ing the morning and he testified that he is a police officer; that he knew John Bibb; that he first saw him in Decatur after he was arrested in Nashville; that he held a conversation with him in Chef Wier's office that day; that MT. Starks and Chief Wier were present and that Bibb made a statement.
 The defendant objected to the officers telling what statement Bibb made on the ground that a sufficient predicate had not been laid for bringing out the alleged confession. The witness was cross-exam- ined as to the details of the meeting of Bibb with himself and others in the Chiefs office.
 He said he did not know whether or not a stenographer took down the con- versation at that time, although there was not know.
 B. M. Starks, superintendent of the Louisville and Nashville railroad was next placed on the stand, the jury still being on the outside, as the court also wanted to pass on the admissabllty of his testimony. MT. Starks said that he had conversa- ton with the defendant on the day he returned from Nashville. In reply to the question whether he offered any induce ments or made any threats or told the defendant it would be better for him to make a statement the witness said that some one may have said that 1t would be better for him to make a statement if he was guilty.
 The witness said that he had a conver- sation alone with the defendant imme- diately after the first conversation. He said further that the defendant was not told that 1t would be better for him to make statement until after he had made the confession; that after he had given an account of his conversation with the off cer the witness told him that he thought 1t would be easier for him since he had made a clean breast of 1t.
 Thought Much of His Father.
 He said he told the young man that he thought a great deal of his father and wanted to make it as easy on him as he could.
 Chief w. F. Wier. who was present when the conversation was held with Blbb in his office was examined under the same circumstances as officer Bodeker and MT. Starks. He said no threats or inducements or suggestions were made to Bibb previous to the time they retired and left MT. Starks and Bibb in the room alone but that Bibb made a statement in connection with the affair before they retired He also said he was positive that no threats, inducements or suggestions