The Birmingham age-herald., 1907-05-05

of defendant Cross-examination was brief and developed nothing new. R. A. Smith, deputy United States marshal, tes- tifed that he assisted in guarding de- fendant when first arrested and that wit ness had talked with him about his cotton trades. Defendant had told him that if he had not gone on his vacation he would have made a fortune, that he had 10000 bales bought and would have bought 1O,- e0O more. These trades, defendant said, would have made all the money back that he lost and a profit of $25,0OO or $3O, GOO.
 On ss-q1estioniDg witness declared that defendant said if he had got his vacation put off until a later date he would have made a great deal of money.
 George Brown, deputy United States marshal, testified that defendant told him all about ais cotton speculations and said that he had taken the advice of others in his dealings and had no special knowl- edge of cotton speculation and had lost. Further tostifying. witness said, that de- fendant told him he went to New YortS and got special information and intended to double his investment when he re- turned to Birmingham.
 Witness said he noticed nothing un- rsual or irrational in his behavior at that time.
 Cross-questioned, witness said he had been employed by Walker Percy to guard the defendant after his arrest. Witness said he was not directed to talk to de- fendant in such a manner as to lead him to tell all his plans.
 On redirect examination witness was asked who paid his and defendants eX- penses while at the Birmingham hotel. He answered that MT. Percy had given him a check for the expenses of all.
 H. G. Ashley, deputy United States marshal, testified that MT. Percy told him to take defendant to the hotel and he
 Percy) would pay the expenses of both at the hotel
 Witness was asked if there was any thing done at the time of the arrest to show that compulsion or threats were used to make the defendant confess his guilt. He said not that he knew. J. D. Dabney, Jr., was called to the stand and testified that he had known defendant about seventeen years, was very intimate with him since May, 19o5. He saw defendant every day and accom- panied him to many places in their social life. Witness said he had never noticed anything irrational in defendants man ner. Defendant had discussed the cot ton market with witness, often telling how much it had gone up or down, but had never told witness that he had any unusual power in speculation. Cross examination brought out the fact that witness and defendant had made note together at a certain bank for 5000 which had matured since arrest of de- fendant, and witness had to pay it. Wit ness further stated that when he and de- fendant were in the theatre together that defendant would talk of cotton during the performance.
 Harding Again on Stand. l w. P. G. Harding took the stand and was asked by defense if he had ever noted anything irrational in conduct or manner of the defendant. He said mo- | A. R. Forsythe was called and testified l that he saw defendant every day at the 1 bank and that they were on friendly terms. He testified that he had not ob- 1 served anything irrational in manner of defendant while in the bank. He said he visited defendant while latter was in l jail and did not observe anything ira tional in his demeanor.
 1 J. H. Barr, vice president of the First l National bank, took the stand and said 1 that he had not noted anything irrational