The Birmingham age-herald., 1904-10-01
Slayer of Policeman George M KtEsy is Again Placed
 Behind the Bars
OFFICERS LET YESTERDAY '
 FOR NOTED JAIL BREAKER
BurgIn, WIer and 6odeker, Who Are On Their Way to Florida, Seem Confident the Right Man
 Has Been Arrested.

Frank Duncan is sal to be under ar- rest in Florida
 Sheriff Burgin. Chief Wier and Detec- tive Bodeker left yesterday for Florida to attempt to get possession of him, and bring him back to Birmingham.
 These officers have believed Duncan in custody in Florida for several days a man answering his description having been arrested there 1~- safe blowing.
 Chief of Police Jones of Tampa came to Birmingham last week and informed the police department anc the sheriff's office that he had in custody man who he be- lieved to be Fran. Duncan. He produc- ed a photograph taken shortly after his arrest which was immediately rec ognized by all the officers who saw It as the man they want. 1t seems that Dun can has been operating in Florida at his trade of safe blowing for month or more He is thought to have gone to Florida from the mountains of North Carolina where he has been in hiding for a year or more. It Is said he worked
 Lived Near Tampa.
 Near Tampa Duncan is said to have lodged in little cabin with the woman who has always played a conspicuous part in his case-Myrl.e Haas. by name, of Chattanooga. The4e was another man. and the Haas woman is said to have passed off as the sister of Duncan and the wife of the seeon- man. Heretofore the Haas woma has been known as the wife of Duncan.
 After committing their deeds of crime the trio is said to have taken flight to St. Augustine with officers hot on their trail. There was a heavy reward offered for their capture. It is understood now that they are under strong guard.
 The officers went first to Montgomery to get the acquisition papers from Gov ernor Cunningham. Attorney Hugh Nor row on behalf of the sheriff communica- ted with the governor over the long dis tance telephone yesterday with the re- quest that the papers be ready for the of flcers as they passed through last night, which the chief executive stated he would be glad to do.
 Governor of Florida May Refuse.
 The governor of Florida may refuse to honor the requisition from the governor of Alabama, inasmuch as these two of ficials are at logger-heads over turning over criminals because of the two recent cases in Mobile where Governor Jelks refused to honor the acquisition of the governor of Florida for two men under arrest on the charge of safe-blowing. The officers stated yesterday afternoon that they hoped the Duncan case could be ex- plained satisfactorily to the governor of Florida.
 Just at what point Duncan is under ar rest is not quite clear here, some con- tending that he is in custody at St. Au- gustine and others at Tampa The offi- cers either did not know or would not tell, desiring to get the requisition papers honored by Governor Jennings before publishing the information broadcast.
 Murder os Policeman klrkicy.
 Duncan IS the condemned murderer of Policeman George w. Kirkley He has also life sentence hangins over him for being implicated in the murder of Police man J. Wade Adams. Both officers were killed at he same time. The date of the tragedy was March 21, 1901.
 At the time of his escape. there was a sentence of death pending over Duncan in the supreme court for the murder of Policeman Kirkley. He was convicted in the first division of the criminal court of Jefferson county, Judge Samuel E. Greene presiding, but the death sentence was held np pending an appeal by the murderer to the supreme court. After the escape of Duncan from the county jail, cogn.zance was taken by the su- preme court, on affidavits, and the sen tence of the lower court. in accordance with the law, was sustained because of the defendants escape. If it be the right man that has now been captured l in Florida he will be carried before the | judge of shc criminal court on his return.