The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-02-08

his pistol away and would have killed
him.
In rebuttal he said he saw Rooney while
Rooney was being taken to Pratt City
by Detectives Bodeker and Hamilton.
To the court the witness said that
Rooney,s cheek bones were not so promi-
nent, nor was he so tall as was New
York Harry"
The petitioners counsel then rested.
The State Witnesses.
Tom Fahey was called by the state. he
said he knew New York Harry, anu
Identified Rooney as New York Harry
Said he had known MIN week IN Ina Ina.
tanooga. and then met MIN, Frank Dun
can Dick West and others in the room
occupied by the men over Gelders place.
He did not remember fght that oe-
CURED between New York Harry anu
'sheeny Bugs" at OHear's saloon.
To the petitioner, witness said the last
time he saw the prisoner was about TWEEN
ty minutes after the shooting; did not
see him the next morning, nor in Chatta-
nooga. He denied that in his testimony
at the trials of Miller and Duncan he
said he saw Miller and New York Har-
~" the day after the shooting about 10
o'clock He said he told Bodeker at the
mines that he was not sure the prisoner
was the man, and denied having said the
prisoner was not the man. He denied
having been asked by Bodeker to tell the
difference between the prisoner and New
York Harry"
The witness WAS kept busy answering
a rapid fire of questions from Attorney
Gibson who was at times coached by
Rooney and by Attorney Davis.
He said he had no conversation with
Bodeker and Hamilton after they brought
Rooney to Pratt city. He spoke with
Solicitor winston, that was all. but he
admitted having spoken to Solicitor Hef-
lin. He did not want to Identity Rooney
al the Jail, and only Identified him in the
court because Rooney had committed
crime and witness was being punished
for 1t. He did not want to identity MN
at the mines because he was not under
oath nor before an Identification bureau.
Nobody promised him a pardon II ne
would identify Rooney, and nobody intl-
mated such a thing to him.
To the state ne said he did not want
any newspaper notoriety and did not
identify Rooney at the mines because the
newspapers had caused his arrest and
conviction He also said that before the
hearing began he was asked by Solicitor
Winston If anybody had made any prom
Uses and he had answered No"
The witness was then excused.
W. A Disheroon, formerly a member
of the police department, was then called.
He saw the prisoner in OHears bar
room the night before the safe was blown
open. Bodeker and the witness were to-
gether. Frank Miller and Duncan were
in the saloon with the prisoner. 1t was
about O'clock or maybe $50, but could
not have been as late as 1880 or o'clock.
He did not know that the men arrived
only at 10 o'clock that night, and did
not remember having testified at the
trials of Miller and Duncan that he had
not seen Miller and the others before he
went to Chattanooga to arrest them He
could not say II he saw the men in the
saloon four hours before the robbery or
thirty hours before it happened, and could
not remember what New York Harry"
wore except a dark derby hat. He would
not say if he had on an overcoat and did
not remember If he was clean shaved or
not. There was nothing particular to
make him remember the man, but II he
did not see Rooney for twenty-five gears
he said he would remember him, even
though he only saw him once.
81 don't say this is New York Harry
l say this is a man who was standing
in the saloon" said the witness.
He never talked to anybody about the
case, he said. and he refused to tell il he
was subpoenaed for purposes of identih-
cation.
Bodeker's Testimony.
George II. Bodeker. detective on the
police force, was the next and last
witness.
con or about March is or 10, or maybe
March 81 1900 [ saw prisoner in O'Hear's
saloon. Five or six of them were at the
counter, New York Harry, Dick West,
Frank Miller, Frank Duncan. Tom Fahey,
Frank Edwards and Shenandoah Red. We
were looking for some parties and we
walked in. The barlteeper said Look out,
there are some fly cops New York
Harry turned around, rested his elbow
on the bar, and kept facing us the whole
time we were there. This is the man
| saw there that night
To the petitioner, the witness said he
could not describe the man from mem
DRY. The man had a moustache about the
same as the one Rooney has now. He
did not remember If he testified at the
Duncan trial that the mustache was short
and stubby, and that New York Harry"
had a hair-lip. The only change in the
man was that he is lighter now in weight
The witness saw the men the night before
the safe was blown open. Pat O'Hear
was present. He did not remember the
name Of the barkeeper who is dead now.
nor did he remember il he spoke to DIsh-
Groom about the case, or if he showed
the pictures to Disheroon. He took the
pictures out to Fahey. and Fahey said
they looked like New York Harry"
Later the witness took Rooney out and
Fahey saw him and said he dlu not think
Rooney was the man. Fahey said New
York Harry was heavier, his mustache
was heavier, and he had a different and
more bulldog expression. The witness adj
mitted arresting members of the gang on
the description given by "Sheeny Bugs"
to a certain extent, and thought any man
with a memory for faces and who is a
student of human nature, could see Room
ey once and never forget him.
The state announced its close, and the
petitioner offered no evidence in rebuttal
The state submitted the case on the evil
dence.
Mr.. Gibson argued for the petitioner.
summing up somewhat in detail the testi-
money given by the witnesses.
Mr. Davis then spoke at some length
on the discrepancies in the testimony of
the state witnesses.
Judge Greene then wrote his judgment
in the matter, remanding the prisoner to
the custody of the sheriff.
PATTERSON RED UNDER
ASHFS0 Rail FYS WHIP