The Birmingham age-herald., 1903-12-19

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 l James M. Ledgwood testified that he Is stenographer; that he went to Chief Wier's office with MT. Starks; that Mir. Starks saluted Bibb and asked him how this affair had happened, and told him he was sorry to see affairs in this shape and that he wanted to help him out if he could; that one of Bibbs first state ments was that George had done the busi- ness and that Mr. Starks told him if that was the case it would be better for him to go ahead and clear the matter up.
 Took stenographlc Report.
 The witness also said that he took sten- ographic notes of the entire conversation while he was In the room, but that his recollection was that the notes had been destroyed. as he had been told they were of no further use.
 1 When this witness had finished Attorney R. N. Bell for the defendant argued to the court to show that the confession was not admissible because 1t was not entirely voluntary and was made after suggestions had been made to him that it would go easier with him if he would tell what he 1 knew. He read from an opinion by Jus 1 tice Stone.
 When court reeonvened in the afternoon l Assistant Solicitor Winston argued from the states view of the matter citing sev- 1 eral cases to sustain the admlssabity of | ts He maintained that Bibb's confession was made under no threats or intimldations l or promises, but was voluntarily and frankly offered. He read at length from Justice Haralson.
 Attorney Allen Speaks.
 Attorney B. M. Allen continued the ar l gument from the viewpoint of the de- 1 fendant maintaining that the confession was involuntary and therefore admissa- 1 ble.
 The court announced at the conclusion of the arguments, that he would hold that l the confession was voluntary and there fore was competent as evidence.
 The jury was then called in for the first time during the trial and the hearing l of evidence was continued It was $40 o'clock when Officer Bodeker was recalled l and placed on the stand to submit his testimony before the jury.
 | Officer Bodeker testified substantially l the same things he testified during the morning up to the point where he said that Bibb made statement. Concern ing this statement the witness said Blbb said he crawled up over the ticket office and laid there for two days with large field glass and looked down through the hole in the ceiling into the office; that he said he saw the auditor count up the money on the day before 1t was taken, and heard them arguing about little dif- ference in Captain Johnsons accounts.
 Was About to Climb In.
 He said Bibb told Officer Hamilton that he was just about to climb In the ticket office window when he came up: that he did go in at the window later, got the money went over to the Frisco house and counted 1t and tore up the checks.
 The witness said that later he exam ined Bibb's room at the Frisco house and md f1A l floor; that he also went tIp In the loft over the ticket office; that he found board up there with a quilt on it; that 1 he also found some pieces of paper with l figures on them; that there was e lIttle water pitcher partly full and several pieces of greasy paper in the loft
 Describes Hole in Ceiling.
 The witness described the hole in the ceiling, saying that he looked down through it and could see the whole inte- rior of the office below; the witness said that he saw MT. Meglemery give Mir. Luckett small jewel box which was ta- ken from grip found in Blbb's room
 on cross examination Mir. Bodeker said he found out most of these things from w. T. George and in reply to & question as to who w. S. George was, the witness said he was a friend of Bibb.
 When he said this John Bibb the de- fendant. shook his head firmly in denial that George was his friend
 The witness said that for ten days after the larceny, the circumstances surround 1 ing 1t were mystery that George was the first man who furnished the details that George first showed him the hole in the ceiling; that the sils were dusty and the day after the robbery he noticed no signs of anyones having crawled through the window except the print of a hand, and that he could not crawl through there l himself without leaving some traces in l the dust.
 Described Bibb's Room. l In describing Bibbs room at the Frisco house. he said 1t was about feet by 1 10 feet; that the door had Yale lock; that he found a civil engineers spy glass. a mirror, a pistol, writing paper. envelopes mucilage and some canvas bags: that there was a hole in the floor and in the ceiling.
 He said that when George first came to him and told him about the affair he was drunk, that he proposed to show the witness a man who had tried to kill him with carbolic acid, his lips be- ing blistered that they then went over on Morris avenue and George showed him the hole in the ceiling of the ticket office that this was between 12 and 1 o'clock at night and that he was not the man who gave the story to the news papers next day as he was very anxious l to keep it out of the papers. l He said the reason they took Bibb 1 from the train at Twenty street was to avoid the crowds at the station for the newspapers had published full ac- counts of his capture; that George called Bbb a d-d liar in Chief Weir's office while Bibb was under arrest; that George was later placed under arrest The witness was asked if he gave the accounts of the confession of Bibb to the newspapers. The question was not l allowed by the court but the witness had answered mo" before the ruling was made.
 Shortly before o'clock court adjourn ed until 9:3O o'clock this morning