The Montgomery advertiser., 1909-01-18
DECKER ON STAND MAKER OF CONFER AFFIDAVIT
 TESTIFIEs.
AFFIDAVIT
He Repeats His Declaration. That The Governor offered Him Money At the Avondaie Cotton
 MilIn


 Birmingham Age Herald 17th At l1:15 o'clock yesterday morning Judge Senn adjourned the hearing in the libel suit of Gov. Braxton Bragg Conner against The Montgomery Ad- vertiser until 10 o'clock tomorrow morning
 The feature of yesterday mornings session was the testimony of E. A. Dicker. former track foreman for the Louisville and Nashville Railroad. !. and the man who made the affidavit, the publication of which resulted in the libel suit Only two witnesses were examined at this session. Victor Han son. advertising manager for The Ad- vertiser taking tse stand again upon the conyening of court and being fol- lowed shortly afterward by Mr. Ticker. crowded court room greeted the opening for the day. The crowd con- sisted mostly of prominent lawyers and politicians. who took keen in- terest In everything that was said or done. Governor Conner was the cynos- ure of all eyes, though he took no act i've part in the proceedings and re- mained in the rear of his counsel.
 MT. Dicker is well along in years and was kept upon the stand for over an hour. much against his will. His frequent fnjunctions to the attorneys to hurry up, together with his refusal to consider Governor Conner. insist ing that 1t was "Braxton Bragg Co., mer'' in this particular case caused many rippies of laughter to pass through the court room.
 Mir. Dicker repeated upon the wit ness stand that which was contained in his afidavit. though he stated there were one or two words in the affidavit which should not have been there; and which he attributed to the stenograph- CT writing the affidavit. The afidavit was in effect that while he had a crew of men repairing the private side track of the Avondale Cotton Mills about the month of October, 1900. "Braxton Bragg Conner approached him and inquired as to the cost of the work, and then told him to go to the cotton mill office and receive his pay. This, the witness stated. he told MT, Conner he could not do; that 1t was not his way of doing pay for doing the work from the rall- road. which would in turn send bill to the cotton mill. Upon his giving this reply he stated that Mir. Conner turned and walked away, saying "he would die poor if he did business that way"
 The witness stated that in 1886, when he was abou. 22 years of age he visited his Uncle Jake and Aunt Mary Conner in Newberry, S. C., this visit occurring shortly after he had been honorably discharged from the Confederate Army. He further stated that Uncle Jake and Aunt Mary Conner had two sons about his age. One of these sons he stated was named "Brax- ter" Bragg Conner.
 His original home was in Milton County. Georgia, which he left over thirty years ago to remove to Ala bama About year after his visit to Newberry in 1866 he received infor- nation to the effect that his uncle and aunt had died and that the two boys had drifted west.
 He testified that he had never seen anythingi of them since, and that when he saw MT. Conner in October, 1900, he believed him to be his first cousin, "Braxter" Bragg Conner, whom he had last seen forty years before in New berry, s. c.
 This Impression that Mir. Conner was his first cousin came upon him at the time MT. Conner approached him while working on the mill track. This im- pression. he stated, however, he did not impart to sMr. Conner as4t"he could not afford so7fe When asIteds4or an expIan-T alton of this latter statement, he re- piled that he could not afford to do so as Mr, Conner was rich man and he was a poor man.
  the affidavit in 1904. saying that he was working at Newcastle. MT. Conner was running for Railroad Commissioner and he became very much interested in the race. One day, while talking to Track Supervisor Harroll he related the Avon dale cotton mill incident and shortly afterward received instructions to go to Birmingham. Arriving at Birmingham he went to the office of Superintendent Starks and later to the office of Jones Moore. MT. deFuniak coming in while he was there He stated that he related the incident and that shortly afterward a typewritten statement was presented and read to him, which he signed. This was the affidavit which was published
 The witness was asked by the plain- tiffs counsel If Governor Conner and E. wilkinson had not visited him at New Castle a short while after the affidavit had been printed. At first he stated he did not think so, but after MT. Wilkln- son was brought into the room the wlt' ness said he believed there had been such a visit but he could not state WHO the man was that accompanied MT. Wli- kinson as his back was turned toward him.
 picker stated that for the past four wears he had been farming on his wife's farm near Springville, in St. Clair County, having taken up this work upon leaving the service of the Louisville and Nashville Railroad. He has re- sided in the district for thirty years. and while connected with the railroad lived Tn his own home at Woodlawn ana was also a voter.
 He gave his age at e5 years and was very deaf. Mfr Grubb. for the defense. and Judge weakley. for the plaintiff were compelled to stand close to ms ear and speak in very loud tones when questioning him. He also adVlseo the attorneys in sharp tones to hurry up, | as he was sick. ' Victor Hanson. advertising manager | If The Advertiser, was on the stand but | a few minutes. lie told how MT. FL | more Montgomery manager for Smiths | had phoned him about o'cIock one Saturday night, and that | he had gone to Elmore's office. where the afadavit was given him to be in-