The Montgomery advertiser., 1908-09-10
STATE WEAVES WEB
(Confi.ued rrom Psge one.l

day. He described to the jury his find- ing of the bloody sock after the shoot ing, and his part in the subsequent arr | rest of the defendant, wasflije Waino- vich.
 This sock. said Mir. Cole. " found | about two feet from the place the srlintered timber was found. There | was fresh blood upon the toe of the | sock. After examining 1t, gave it to Charles Oakley. Chief Deputy Sheriff. who was with me. Going on further, we found the defendant sitting upon | the steps of house at Blocton in company with several others. I found the right foot of the defendant to be l covered with a shoe, but no sock, and his left foot, by a bandage. sock. and | no shoe"
 'on search of the house I found a revolver and a sack filled with shot I gun shells Mir. Oakley went up in the loft of the house to make thorough search, and handed down four double | barrel shot guns"
 Captain White here objected to the | introduction of the exhibits but his motion was overruled by Judge Miller. On the cross examination, the pair | of socks were introduced as exhibits. and were positively Identified by MT. Cole.
 Chief Deputy Sheriff Oakley was | called to the stand and testified that on the night of the shooting he was at Ashton. but that he had come i'm mediately to Blocton the next morning | and had looked over the ground. and | made the search of the house in which | the defendant was found. On his cross examination the testi- | mony of Mir. Cole was corroborateJ. and it was brought out that the pair | of socks had been in his possession afa TNoI~ A@A t.f f.. on their discovery
 Interpreters sworn Tn. Bozo Durkovich, a Slav employed as | a cook in Blocton. was called to the stand. and the interpreters sworn in He stated that he had lived in Blocton for twenty days before the shooting and had known the defendant both in the old country and In America. On the night of the shooting he said that he was at his house asleep. but that he had seen the defendant between { and o'clock on the afternoon preceding the sh hootins.
 Between those hours he said that large crowd was in the store at Bloc ton. the defendant among them. as was the president of the local union. They were all talking. and a message was delivered to the president who told those about him what 1t contained Durkovich said that he was too far away to know what the message con- tained- On the night of the message everybody had left the store in the direction of Big Johns house. Continuing. he stated that he had seen the defendant the. next day be- that his foot was bandaged up, a fact which was not apparant the previous meeting. Talking about 1t, the defend ant had told him that he hurt his foot when heavy piece of timber had I been dropped upon 1t. The time of the accident the witness did not know, but the place was on the railroad tracks. Durkovich also stated that he had seen guns in the house that he had | not known before.
 Was Wasilije threatened when he told you about this?" asked the solic- itor.
 No"
 talkY'
 "No."
 What did wasilije or his compan- 1 ion say about sh ooting into the train ?" the train.'
 Ttwho was in the party shooting into the train?"
 Forty men altogether. twelve of them negroes" the witness replied. Court at this point adjourned to meet
 
 be turned over to cross examination. On the meeting of court after lunch the witness told of the habits of the men living in the house with him. Closely questioned as to the inmates, he said that the defendants brother had slept the whole night in the bed on the second floor with him, and that they had retired about 8 o'clock
 He said that he first heard of the coming of the train from Birmingham about 5 o'clock in the afternoon and that Mahailo Popovitch ana Mihalfo Lazonovich had told him in a crowd of about 50 people, Italians. Slavs and people of many nationalities. He couldn't give their names.
 The president of the local union of miners was present in the crowd when the news came, but I stayed only for twenty minutes after receiving the news.
 How Many Times Hit. The cross examination here took a peculiar turn in that witness was ask ed how many times Deputy Sheriff Cole hit him in making the arrest in order that the witness might be tested as to making a free statement. The wit ness replied that Mir. Cole had struck him once and showed the scar to the jury and judge. No one else hit him. but several revolvers were placed at his head.
 The defense tried to show that the statement of the witness was no vol untary. as he had been struck when arrested and had been in jail since the day after the shooting. Judge Mil Ter held that statements could only be