The Birmingham age-herald., 1909-01-26
Night Rider Trial At Union
 Ci'y Draws Big Crowd
ED MARSHALL ON THE STAND.
Accused of compIiclty in Rankin Mur- der Marshall Attempts To Prove an Albi, But His Efforts
 Prove Unavailing.

Union City, Tenn, January 25.-Nervous- ly rubbing his hands, Ed Marshall on trial for complicity in the murder of Capt. Quentin Rankin, testified this aft ernoon in his own behalf The court room had been almost deserted earlier in the day, but within few moments after Marshall began to tell his story every seat was taken and soon the largest crowd that has attended any of the trials was breathlessly listening to every word uttered
 Subjected to a rigid cross-examination the witness several times became con fused and contradicted himself He said that he first saw the night riders last summer when they came to his house and gave him some orders: later he was told that unless he joined them he and his wife and baby would be killed and his property burned. He went with Fred Pinion, now under sentence to hang to the rendezvous and took the oath He met with them a number of times but staunchly denied participating in any crime. He knew very few of the band and could not be positive who the leader was. He had been told that the leader was Fehringar
 At Walnut Log becoming convinced that Colonel Taylor and Captain Rankin were to be killed, he pleaded with the leader to save their lives. Failing in this he mounted his horse anr rode away before the firing began.
 'I was sobbing" said he. land if Colonel Taylor knew what did for him he would embrace me now"
 He was still on the stand when court adjourned, and his cross-examination will be continued tomorrow.
 In the first trial Ben McMurray tes- tified that he saw Ed Marshall at home on the night of fae murder, thereby. cop, lstraefetifas Fehfti.gef. The sarae witness stated on the stand this afternoon that he perjured himself then and that he was told by Marshall what to say.
 The state rested at 2:3O and counsel for the defense were allowed an hour to con- fer with Marshall, after which R. A. Pierce chief counsel, said that they ac- knowledged that Marshall was at Wal nut Log but wanted to show that he made every effort to prevent the murder and asked that they be allowed to recall Ethelbert Rogers, which was refused.
 In the trial a few weeks ago, the de- fense was an alibi, which was expected in this trial, but since several of the states witnesses have testified that Marshall did all he could to prevent the murder the defense may rely on this to acquit him.
 Warren Morris, who by his confession was the official poet of the riders, was the first witness this morning. He had not seen the defendant at any of the meetings of the band. but had heard he was a member. When Rankin was killed he heard one of the night riders interceding for him, but did not know who 1t was
 Nose Barlkis probably the only mem Der of his race who has taken the night rider oath, was the second witness this morning. Barkis is an Assyrian, liv- ing in Hickman, Ky, where he is en- gagged in the mercantile business.
 In his indifferent English he told the jury how he, for fear his property would be destroyed, had joined the out laws, and of the two meetings he at tended. He knew nothing of Ed Mar shalls connection with them. He was badly frightened while on the stand and seemed greatly relieved when told that he could go back home.
 According to the testimony of Ethel bert Rogers, who was called next, there were 35 men who participated in the murder of Captain Rankin. He and Marshall live within a short distance of each other and frequently went to- gather to the rendezvous of the band. At Walnut Log, Marshall and I did everything to prevent them from kill ing Rankin and I asked Garrett John son to let me take them to Hickman In my buggy, but he did not answer me- said the witness.
 On cross examination he said that he and Marshall both objected to the kill ing of the Walker negroes at Hickman and were ridiculed by Fehinger because they tried to prevent it.
 Attorney General Caldwell was in the courtroom this morning for the first tirae during this trial. He Is very weak yet and will not take part in the trial at present