The Montgomery advertiser., 1908-12-06

in the road and they told him they did not Kill Mir. Drake the night before be- cause they kept the store open too late. They asked him why he didn't come as he promised and he told them he had to go away. They told him Drake and he told them he didn't want to do 1t. but they told him he only had to hold the light so he agreed
 They went then to Mir. Drake's yard and heard him snoring, but to make sufe he was asleep Shed took of his shoes and went into Mir. Drake's room and came out bringing a lantern and said he was good asleep. They struck d match lit the lantern and Shed. Ed and hilnseif went in Mir. Drake's room while Joe got in the horse trough out side to watch. Ed stood at the foot of the bed. He, Charlie. stood near the bureau with the lantern and Shed struck him twice with piece of iron pipe Ed took hold of Mir. Drake and pulled him up and said he was surely dead.
 The piece Of iron which Mir. cham bers had said there was blood on was shown the witness who identified 1t as the pipe with which the blow was struck He said after Mir Drake was killed they took his keys from his pants pocket. also a small pocket-boo containing one bill and some change. Then they got an axe in the yard, opened the store with keys and went in. They trisd to open the safe by screwing around knob on 1t and faii- ing to open 1t Ed and Shed struck the hinges four times with the axe. but couldn't open it. They broke open th e cash drawer with the axe. took the money out; that Shed divided the money and gave him IS cents. They then made balls of pieces of rope and poured kerosene on them, took a ried 1t to Mr. Drake's room. poured 1t on him and the bed and set afre: re- turned to the store and set fire to the rope balls.
 They agreed to go home and hide their money in case they were search sd. Joe and Shed went ahead of him to the quilting and shortly after he got there the alarm was given about slr. Drake's death and he. with others, went up to Mr. Drake's and staf1 there tiIf about daybreak.
 He went to the servants room with Pies verd. Clarence London. Annie london and Bland. After lying on the floor awhile he went in the yard and found the crowd gathering there He went back and laid down awhile long, er then came out with Pies yerd and said goodnight to him. When day was breaking he went back to Mir. Drake's yard for awhile then went np the road to cedArgreen. near whitsett, about four miles from MT. Drake's Ee got to Ced6fgreen about 9 o'clock and went in the fleld to see his kinfolka. lie started hack to Mir. Drake's, was arrested and taken to LanewlIle. Thete he told that Shed Williams. Ed Howard and himself killed Mir. Drake. telling them all about il. but did not then tell that Joe McDaniels was one If them.
 Joe BzeDamieIs watched.
 Afterwardg that evening he told SheriR Gowln that Joe McDanieIs watched while kr Drake was Killed.
 A nickel that was taken from the witness wtfen arrested was identified as coin wItah had been in AEr. Drake's caEh drawer for some time aud mutilated so that it wouldn't pass.
 The witness sAtd when he started hack to Laneville from Gedargreen he had pistol ef Mir. Dralze'G that the clerk In the store had let him have before Mir. Drake was killed: that he threw 1t away before he was arrested and told the sheTIn where he had thrown t and 1t admitted that the pistol produced in court was found where he said he threw 1t and was the pistol of Mir. Drake.
 Charlie Taylor admitted that on Thursday of the present week he told the counsel for the defendant Shed Williams in the presence of the coun- sel for the other prisoners that he never had the pistol and didn't tell the sheriff that. he threw 1t away. and that what he told the counsel at that time was not true.
 Emma Williams testified that she ls the wife of Shed Williams; that on the Monday night before Mir. Drake was killed at her house Shed W.T. Hams, Ed Howard and the defendant, Joe McDaniels. agreed to Kill Mr. Drake.
 She said the week before while shC lived at MT, Drake's place she did not see Shed Williams. Joe .McDaniels- Charlie Taylor and Ed Howard play ing cards. She did not recollect sec ing them there that week. This tes- ttnnony was closed about 10 o'clock last night
 This morning arguments were made hv counsel and submitted to the jury, Tn twenty minutes the jury notified the court they were ready to return a verdict which was murder in the first degree with the death penalty af, fixed. Ed Howard. the third man imph- eateI in the murder, is on trial and the evidence is practically the same aa in the McDaniels case. He was the one who was on watch while the crime was committed by Williams. ! 0.,I,, one more negro is to be tried