The Montgomery advertiser., 1904-10-21
DUNCAN IS SENTENCED
ACCORDED JURY TRIAL ON QUEs-
 TION or IDENTITY.
Safe Blower and Murderer Issues . Statement Again Aleging He was
 Not Present at Killing of E. s.tf Kfrtley.

statement Again Anesing He was
 Not Present at Killing of
 sg sf I1irtley.
 Birmingham, Oct. 20.--(Speciat. )-- Frank Duncan. safe blower and con- a week or two ago by Judge Greene of the criminal court, to be hanged Mo- vember II. 1904. was today resentenced
 When Duncan was carried before Judge Green to be sentenced, after be- ing brought back from Florida where he. vas recaptured after being at lib- and his attorney demanded a trial by jury. This was not granted but wit nesses were placed on the stand and it was shown that the man before the bar was tried. convicted and sentenced to death for the murder of Policeman c.
 An appeal. was taken by puncan.s torney were summoned to the court again and Judge Greene announced that after, an tnyesttgatfon he found that he had made a mistake. The to say why sentence should not be passed upon hima and he replied that he was not Duncan. The court asked: ,;oDsa Yoa are not ss the ina,e FranR Duncan men Duncan replied that hc was not. \ The solicitor then announced that a jury would be called in to decide on the matter Colonel Denson. Duncan's attorney asked for a continuance on the grounds that the defendant had no witnesses. This was denied by Judge Greene. The jury was formed and Judge Greene instructed that body. saying that ''the defendant was arrest ed and brought into court and convict ed of murder In the first degree and was sentenced to be hanged. He es- capped from the County jail. where he was confined, prior to the date set for his execution. but was subsequently, arrested, Now the prisoner denies that he Is that person. What the jury CT or not this Frank Duncan is that Frank Duncan mentioned in the in-
 A number of witnesses were pIaAed on the stand and testified to the form When the State announced closed. Coi- onel Denson said Frank has no tes- timony:" The. general charge was ents Sxen tn the '1s Rer5y 5ssy var. and in few the jury find the decision in favor of the State" Duncan in the presence of the jury, said: T still deny that l
 Judge Greene sentenced Duncan to De hanged Friday. November 25,
 Duncan was carried back to jail. This afternoon he issued a lengthy PS" WAiLAGH statement through tha press detailing the history of the crime for which he is under sentence of death. denying that he was present when 0mcer KirtlAy was shot. though asomitting .sd that he was member pf me saIe-oiowing gang. He tells of ms escape from Birmingham the next morning after the crime. his arrest now he was carried before Policeman aaams s,.5 ,s, who was on his death bed, of rom jail. of his arrest in Florida and up to the present time. He states in his appeal that Miller. who was hang @a,,on ea' t0la 'ns & truth when he said on the present when the officers were shot ana fatally wounded,
 Gol. E. L.. Higdon. the suspended Colonel of the Sd Regiment Alabama National Guards. who a few weeks ago rendered his resignation to Governor Cunningham, and which has not vet been acted on because. so 1t Is said, If contained reflections on Governor IeIks today gave out an interview In which ne says that he will not withdraw his resignation. He says that he did what the administration had been trying to get him to do for the past two years ana ten months. He says that he will leave his resignation to the good iudr ment of Governor Cunningham, wheth- CT he will continue to punish me ar accept my resignation and permit the officers of the regiment to have their own way :"
 Colonel Higdon intended withdraw ing his resignation. but yesterday de- cided that he would let it stand, though intimation was given that no action would be taken because of reflections on Governor Jelks.
 GuIlette's Case NOI rrOssed.
 The case against George S. Gullette, the former clerk at the Florence Hotel. who was arrested on a charge of lar ceny of money, 1t being alleged that he took money belonging to Abner Pow ell, baseball manager. who was a guest at the hotel, has been mol pross- ed. The matter has been settled by Guilette and the proprietor of the ho- tel and the solicitor consented to a mol pross Gullette was arrested in New Orleans and brought back to Bir- mingham.
 New Department Store.
 w. s. Brown, owner of three lots on Second Avenue between Twentieth and Twenty-f1rst Street, today announced that he will begin the erection in the near future Of four story brick build Ing on these lots to be used for a de- partment store in this city. The build ing will cost about $40,OO0.
 S3O0,OOO Paid for Coal Lands.
 The Alabama Steel and Wire Com pdhy, Wnlcn owns and operates a blast furnace and steel plant at Gadsden, a steel rod, wire and nail mill at Ems ley, ore mines in St. Clair County, coal mines in Jefferson County. has pur- chased the Underwood Coal Company, a mining company with mines in full operation in Blount County, near AL toona. The Underwood Company has over 5000 acres of coal lands, the coal being of very high quality. 1t is un- derstood that $500. 1000 was paid for the property. The mines are located mid way between Ensley and Gadsden on the new extension of the Mineral Rail- road.
 Killing of D. W. PIckena. The remains of D. w. Pickens. who was shot and almost instantly killed on the front porch of the Battelle Inn, at Battelle, DeKalb County, last night shortly after g o'clock by c. H. Cole, City Marshal there. and proprietor of the hotel. were brought here this af- ternoon for interment. The funeral will take place tomorrow morning.
 Pickens leaves a wife and three chill dren, one son and two daughters He was an insurance agent It is alleged that Cole shot him on account of per sonal matters. Pickens mmade period ical visits to Battelle and always stop- ped at the Inn. where he met Mir Coles family. It is stated that Cole fired MEAL L.1 ERx M.s