The Montgomery advertiser., 1909-01-26
DID NOT WANT RANKIN KILLED Ed Marshall Tried to
 Prevent It. SO DECLARE WITNESSES An Attempt to Prove Alibi is Laid
 Bare. / One Witness Aasssss That At The First Trial, Ed Msrsham Persuaded
 Him Ts Perjsre Him

Union City. Tenn, Jan. 25.--Neryous- Iy rubbing his hands, Ed Marsha all, on trial for complicity in the murder of Captain Quenten Rankin. testified this afternoon in his own behalf.
 The court room had been almost de- serted earlier in the day but within a 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 breath lessly listening to every word uttered
 Subjected to rigid cross examina- tion. the witness several times became confused 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. 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. bat staunchly denied particl- pating 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 FehrIn- ger.
 At Walnut Log, becoming convinced that Colonel Taylor and Captain Ram Alh were ID Do hllleus uo pieaue0 WltH the leader to save their lives. Failing in this. he mounted his horse and rode away before the firing began.
 'T was sobbing," said he. and 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.
 Tn the first night rider trial, Ben McMurray testified that he saw Ed Marshall at home on the nighr of tho ger. The same 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 2:20 and counsel for the defense were allowed an hour to confer with Marshall, after R. A. Pierce. chief counsel. acknowledged that Marshall was at Walnut Log but wanted to show that he made every ed that they be allowed to recall Eth ebert Rogers, which was refused.
 Riderss Poet Teatiaes.
 Warren Morris who. by his confess sion, was the official poet of the night riders. was the first witness this morning. He had not seen the defen- dant at any of the meetings of the | DaH0 Uub bdu nSdTu DG was u m6TnDeT. l When Rankin was killed, he heard one | of the night riders interceding for him | but did not know who 1t was.
 Nose Barkis, probably the only | member of his race who has taken the | night rider oath. was the second wit | ness this morning. Barkis is an As- | syrian living in Hickman, Ky. where | he Is engaged in the mercantile busi- l ness.
 To bJs ,-AteVa.n. r-.s-,,t .,, the jury how he, for fear his property | would be destroyed. had joined the | outlaws and of the two meetings he l attended. He knew nothing of Ed | MarshaiPs 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 Eth ebert Rogers, who was called next, there were thirty-dve men who par ticipated in the murder. of Captain Rankin. He and Marshall live within a short distance oS each other and fre- Quently went together to the rendez- vouA of the band. At Walnut 4og, Marshall and I did everything we | could to keep them from killing Ran 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 killing Of the Walker negroes at Hick- man, and were ridiculed by Fehringer because they tried to prevent 1t.
 Attorney General Caldwell was in the court room this morning for the arst time during this trial. He Is very weak yet and will not take part in the trial at present.
 An attempt to prove an alibl for Ed Marshall was laid bare this after noon. In an attempt to impeach Feh- ringer In the first trial, Ben McMerk- sry testified that he went to the Mar shall home to get some medicine for his baby and that Marshall was at nome on the night that Rankin was murdered.
 The same witness on the witness stand this afternoon admitted that Marshall had persuaded him to per1ure himself in the first trial. The State rested it's case at 2:20 o'clock this af- .ernoon. The defendant was granted ,ne hour to confer with his counsel