The Montgomery advertiser., 1908-09-10
Second Day of Bibb County Trial. MAJOR MAIDEN TELLS
 OF ATTACK ON TRAIN Lawyers Sought Information from
 Grand Jury. Deputy Cole swears to Matching tAs Bloody Sock and Foreign Born z Miner. Testify Through
 an rnterpreter.
BY FRANK P. GLASS, JR.

BY FRANK P. GLASS, JR.
 centerviile, Sept. s.--fspecial. )---At today.s sessions of the Circuit Court of Bibb County. Solicitor Thompson and his assistants in the case of Was- ilije wainovfch for the shooting up of the train of soldiers. deputies and strike breakers near Blocton during last Au- gust. put the main witness for the State upon the stand ana expressed themselves as well satisfied at the turn which matters had taken in the pros- ecution of the case.
 Corroborated by two other witnesses, Henry Cole. a deputy sheriff of Bloc ton, told his story of the finding or the bloody sock near the scene bf the tragedy and of the subsequent arrest of Wasiiije Wainovich by himself and Chief Deputy Sheriff Oakley.
 The chain of circumstantial evidence was drawn tighter and tighter as wtt- ness followed witness. corroborating and adding to the testimony of the ones who had gone before.
 Bozo Durkovich, a Slav employed as a cook in the boarding house at Bloc ton where the defendant and his broth- i CT lived and who since. his arrest fna- mediate1y after the tragedy has been carefully guarded in the county 3ails followed Mir. Cole and told through en w prior to the shooting and of the con- versation which he had with the defend- ant on the morning before the arrival of the deputies and soldiers making their arrest. s amined and added to- the troubles oI the attorneys for the defense by nis clear, precise answerHs The doctor who had dressed Waino4fch's toe on the sunday morning following the shooting told of his conversation with tne pe- fsndant. ... however. were Deputy Cole and the Slav,Spurkovich, and Metcr Poturick. a5.
 Lawyers Hp Coatr0sersy.
 A feature of the afternoon session was a squabble of the attorneys Tor the defense when the. solicitor Was ex- amining Deputy oakley as to denying 4ha attorney for the defense permls- sion to talk with Durkovich at the county jail unless an official was pres- ent.
 heated over the matter ana nave brought 1t to the attention of the court several times since the opening
 On the stand Deputy oakley said that the attorneys for the defense had been admitted to the jail on one occa. sion 10 talk with the witness and that
 
 Interpreter to put to the witness was in direct violation of the law in that they asked him to tell what he had sworn to before the recent grand d~5ury'
 Deputy Oakley commanded the in. terpreter not to put the question ana the attorneys for the defense were shown the way out of the jail, Mir. oakley going to the Solicitor with the facts.
 the question was not actually asked the imprisoned witness, but the defense were aggrfeved that they had not sub- seouently been allowed to see the wit- ness except in the presence Of an om- ciai. f
 A prolonged argument by attor-
 Nays for the State and for the de- fense followed Judge Miller at nrst ruling that the evidence should De al- lowed to stand but later in the after- noon ruling that 1t be stricken from the evidence presented to the jury
 At the opening of the court at e:So o'clock this morning Captain Wnite stated that he had not been allowed fo examine the States witnesses in pri- yate requesting that the court adjourn for a certain period until this could be accomplished.
 MT. Bowie for the State argued that such permission had been given pro yIded both the interpreter for the State and the one for the defense were pres ant nt .. auoh examination but that Mir. White would not agree to such pro- ceeding. .o,,rt Tor such an examination ruling that captain While might examine the States witness iih private after such witness had testified from the stand in behalf of the Stafe.
 Major W. J. VaAde$ wno hao cnarse of tha soldiers oni the trip from Birm- t S. Sno +a Tsiocton was the first wit ness called to th@ stand He told the story of the attack ana the suosequeh' incidents. ,r-..a.
 Maior Walden tlestthed that his com narv was that from Uniontown. com handed by Captain Townsend aso that on the trip occu!p pied the middle coacn S .Ln trair oT three cars the deputies ocounviny the fikst with some railroad afsctais ana labdrers to take the strik- are, niaces at the Blocton mines, the
 "Fvervthine went we'll" said Major Walden, until i've came to a polh' abont mile ansd a half from Blocton. when one shot Iseemed to be the sig nal Cfor vollAy of shots from the outstde. These shots came from above Inc first part of the shooting, and directly through the car during the latter part of tine firing"
 "Giving the 9ommand to my men to lie flat upon the aisle of the coach, nulIed my revolver and fired it's six Chambers rapidly. I then took a rife and discharged It's chamber. and fired two more shous from rifle which took from a sefgeant of the company. It was light outside. but l could see nothing beyon@ the flash Of an occa- sional gun.
 '"rhe next nnornonS, said Major Walden, "I wend out to the scene of the shooting and Hound a place 150 feet wide running Iparallel to the tracks where men hAd stood and nattened themselves alohg the ground. I saw that some of Hhe brush had been cut away and ove4 the space found many empty cartridRks sin ellis. Some of these shells were ridke shells and some were shot gun shells. There was also on the ground piedes of metal with which aonae of the guths were loaded" Major Yaiden told the jury that