The Birmingham age-herald., 1905-10-17
WALTER FRANKLIN WAS BOUND OVER
  ManAccused of Being Bigamist Given Preliminary TWO MIVEJ TESTIFIED
Wife No. and Wife 3 Each State Under Oath That They Were /
 Legally Married to
 Franklin.

NdIltf IL, HI (. fA A0-t-S hearing yesterday afternoon before Jus tice of the Peaece H. B. Abernathy was bound over to the grand jury on bond of $500 on the charge of bigamy. Frank lin, who was at one time preacher, is charged with having three wives.
 Yesterday afternoon two of his wives testified that they had been legally mar ried to Franklin. Wife No. l, 1t is stated, resides in Kentucky.
 A number of witnesses had been sum- moned but only wife No. and wife No. and E. L. Payne of Toadvine testified.
 The case was set for hearing at ? o'clock yesterday afternoon, and when Judge Abernathy called the court to or der standing room could not be obtained In the court room. When the case against Franklin was called his attorney, A. Leo Oberdorfer. announced that the defend- ant would waive a preliminary hearing. Tn the absence of the representative of the county solicitor" stated Justice Aber- nathy, q shall take the privilege of ex- amning some of the witnesses"
 If your honor is to go into examina- tion of any witnesses, I shall insist that they all be examined" replied Attorney Oberdorfer. The witnesses were then sworn and placed under the rule.
 Peachy Jones Testifes.
 Peachy Jones, wife No B. who was married to Franklin few weeks ago, >was called to the stand. She was for merly member of the Salvation Army and was with Franklin at the time he was arrested at the Salvation Army hall.
 Are you the wife og the defendant Walter L. Franklin" she was asked by Judge Abernathy.
 T am," replied the witness.
 T object to her testifying," said Attor- ney Oberdorfer
 called to the stand.
 Are you the wife of Walter L. Frank iin?' asked Judge Abernathy.
 T am," replied the witness.
 We object to her testifying." said the attorney for the defense, 'on the grounds that she isSa wife of the defendant . The objection is overruled until the court examines the witness and is con vinced on this point" ruled Judge Aber- nathy.
 The examination proceeded and Mrs. Franklin No. testified as follows:
 T was married to Walter L. Franklin on April ', 1903. The ceremony was legally performed by the Rev. Robert Short at Toadvine- I have known MT. Franklin for four years. We have one child, which is now one year old.
 "on August 6 I left my husband at Birmingham to visit my parents at Toad vine. MT. Franklin was in the best humor when left him in Birmingham. My hus- band says that be lived in Kentucky be- fore coming to Alabama, but I know nothing of his history previous to the time l met him at Toadvine.'
 Witnessed Wedding.
 E. L. Payne was the next witness called to the stand. He testified that he had known Franklin for some time and that he was present at the time of his marriage to Miss Ida Smith at Toad vine He also swore that MT. and Mrs. Franklin had been recognized as man and wife at Toadvine. He had known both of them before their marriage.
 Miss Peachy Jones' who was married to Franklin in Birmingham, was recalled to the stand. She swore that she and Franklin were legally married in Blr- mingham September 20 and they had lived together until Franklins arrest October l. Judge Abernathy than announced that the state would rest. The attorney for defendant announced that the defense would also rest.
 Judge Abernathy then stated that he would h.nd the defendant over to the grand jury and that the bond would be fixed at the sum, of $5O0, which had been agreed upon by hhe solicitor.
 During the tinie that the wives of Franklin were outside of the court room they talked very freely. Mrs. Franklin No showed a marked interest in the baby that Mrs. Franklin No. carried in her arms.
 All during the trial Franklin sat by his attorney and showed indifference as to the result of the proceedings. He an swered all the questions asked him by his attorney but seemed to take little interest In the testimony that was being given against him by his two wives