The Birmingham age-herald., 1904-10-11
DUNCAN
 IS INNOCENT MAN Florida Man Makes Affidavit to Governor Cunningham REPAIRS AT THE CAPITOL New Military Orders Require That Officers of National Guard Must
 Hereafter Stand a Rigid
 Examination.
REPAIRS AT THE CAPITOL

| Montgomery, October 1U'-lSpeclaL)- I G. E. Winter, who helped to arrest and guard Frank Duncan in Florida, makes affidavit that Birmingham officers who have helped to bring about the convic- tion and death sentence for Duncan do not believe him guilty of the murders of which he is charged. MT. Winter swears that Detective George Bodeker told him while the latter was in Florida that he did not believe that Duncan did the kill ing. but that he deserves to be hung, as l he is a bad man. MT. Winter also says that Chief of Police Wier of Birmingham told him he had doubts of the guilt of | Duncan.
 H. S. Budd, one of the owners of the bank at Leesburg, Fla, recently tapped by Frank Duncan and his partner, is l giving himself some concern about the fate of the notorious MT. Duncan, who has been brought back to Alabama to be hung for the part he took in the murder of two Birmingham policemen after tap ping the till' of the Birmingham office of the Standard Oil company and trying to end the existence of Watchman Clayton, who received lick on the head when he assumed to protect his employers prop erty MT. Budd says that he is one or the owners of the bank entered by Dun can and his partner, for which crime they were convicted before leaving Florida.
 Letter to Governor.
 A letter from MT. Budd from his office in Leesburg, and addressed to Governor Jelks has been received by Dr. K. M. Cunningham, the acting governor. While there is no doubt Frank Duncan Is bad man." says MT. Budd, "yet he may not have merited the death penalty" which he had been told would be executed upon the prisoner on his return to Alabama. His conviction may possibly have been due" continued the letter, 'to an excess of zeal on the part of those engaged in the prosecution As 1t will rest with you whether the sentence Is executed It IS right to lay before you these facts ana considerations. which 1t is desired you will have investigated and to which doubtless you will give their due weight.
 Ntro-Glycerln Fake.
 ''These facts" referred to by MT. Budd. are found in an affidavit, made by G. E. Winter who discovered the pur- glars in the Leesburg bank and was ln- strumental in bringing them to arrest and who guarded the jail after the ar rests were made. MT. Winter says the story of the nitro-glycerin threat was a fake and that the stuff in the bottle which Duncan made his bluff with was water colored by molasses in a bottle which had contained Japanese oil given negro prisoner a few days ago to ease a cut place made by falling. For both ering the governor with these details MT. Budd apologies, saying that he thought it proper to give the explanation, as the story was likely to create prejudice unwarranted by the facts
 Winters Affidavit.
 The affidavit mentioned Is as follows, a copy of which was sent the governor s office:
 state of Florida, County of Lake-G. E. Winter of Leesburg, Fla, being first duly swosn, makes oath and says, as fol- lows:
 q was one of the guards placed over Frank Duncan, alias Jim Ward, at the Tavares jail, and was present on Sat urday, the 1st inst, when he was told that the officers of Alabama were coming for him. It was the only time 1 have known Frank Duncan to lose his nerve. He told the other guard and me that he was going to hang for a crime which he had never committed, and he said 1t in such a manner that anybody hearing him | WOuiQ nave OtilNNtQ illH- l lOlu HSAt morning that l believed his statement. He said: MT. Winter. you ask Detective Bodeker he knows; he will tell you. saw and asked the detective if he thought Frank Duncan was guilty of the killing l for which he was sentenced. Detective | Bodeker answered: No, 1 do not believe that he did the killing. But he added, he deserves to be hung; he is a bad man. 1 also asked Chief of Police Wier of Birmingham whether Frank was guilty of the killing and he said he had doubts l in his mind.
 ! "Bodeker was the detective who caught 1 Duncan and brought him to trial on the | charge of murder at Birmingham, Ala. on which he was sentenced to be hung | '"Fhe statement made to me by Frank l Duncan was that shortly after breaking | the safe of the Standard OH company | he and two others entered a saloon. The l others stopped to take a drink but ht went on, and was upstairs somewhere when the shooting happened He then go | away but was arrested by Bodeker. H. l never saw one of the policemen shot | either dead or alive The other he saw | when dying. being taken before him tt 1 be identified. He seems to have beer brought in alone, and the dying man said You are the man that killed me" Dun l can replied, Don't say that you arr dying But the dying policeman repeated | 1t. On that evidence he was convicted. The affidavit was sworn to before T. J Ivey, notary at Leesburg, October 6, 1904
 Governors Position.
 The letter and the affidavit were file, l in the archives of the governors office | without it's having mace any visible eff feet on the mind Of the acting governor | He would not talk further than that witt | any murder case the showing of inno cence must be made very conclusive t | get him to interfere with the courts eithe by reprieve or communication. It is wei assured that there is not much idea Il the office of the Alabama executive tha Duncan deserves leniency, and he will as the matter now stands, have littl show to secure any staying action iron the governor with any of the evidenc yet made manifest.
 Overhauling Capitol.
 It is now thought that the plan o