The Birmingham age-herald., 1912-05-09

and MT Sigsbee were in the frame up.
 "Then you know that it was a frame up?' said the solicitor.
 Yes"
 Rogers was questioned at length by Solicitor Heflin concerning Waldrop and Jones, with whom he had talked.
 Beyond the fact that he had taken din-
 ner with them and had talked to them, he knew nothing and could remember notEsng about them. He said he thought
 they were deputy sherffs. He said tha, he had talked to Mir. Hefln. MT. Wren.
 MT. Sigsbee and MT Sharritt before
 going before either of the iuries. He sa d that the conversation with Mir. siasbee was held at the latter's liquor
 house in North Birmingham.
 Several other minor matters were dwelt upon and the witness was ex
 cused As he was leaving the stand Judge Nesmith called Chief Deputy Sheriff Paris Sugg and ordered Rogers
 placed In jail for perjury. He said that he would give him a warrant In few
 minutes. The witness was taken to jail.
 Claude Ellard Dismissed Claude Ellard was the next witness called, but hls evidence was highly un- satisfactory to both attorneys and the court. He was excused on account of incompeteney. Before he was placed on the stand his uncle, J. Nj. Russell, asked that he be excused on account of his mental condition and that he was un- de, indictment In answer 10 the ques- | ton, How was your father lying when | you got there: in what direction was his head?" Claude Ellard replied, They say MT. Cole did It.
 Robert Sharritt was called next, but hls testimony had but little bearing on lthe case. The only thing of conse- 1 ouence in his testimony was that he said he heard Cole say, T guess l will | he arrested" or something to that ef- | feet He said he heard that in passing | Cola while the latter was talking to
 others at Arcadia.
 sam McClenny, Sr, the next witness,
 stated that he met Cole on the road l tbat afternoon coming toward Bir- minpham and was with MT. Penning- l ,nn of the Pratt Consolidated company. | Ha displayed much nervousness during | his examination and frequently had 10
 he admoniehed for not speaking so the lcoprt could hear.
 ] Ie told of being at Walkers Chapel
 the night before the killing and that | nc saw Teck Duncan together with Henry Cole at the meeting. He said l that someone came to him at the church
 and said that Duncan was back there | at the coal house with a couple of shot puns He stated tnat ne went Dack | there and said 10 the man, "Is that you, Tecp.?" and the man said, Hush Don | cail 'rny name so loud around here" Joined by Cole
 He says that they were later joined by Cole He said that while they were l talking a man came around the cor ner and that Cole told him to be off about his business. He said that then ne Cole and Duncan went off across in. road and one of them-he forgot l inst which-asked him if he had seen 1 olJ man Ellard that night. The wit ness stated that Ellard was in the GUS 1 tolnsof attending the meetings and that Duncan and Cole were not He said that | to had never seen either of the latter 1 two at one of the meetings but once | or twice in his life. He swore posi- | lively that both Cole and Duncan were al church the night before the killing
 with rwo guns.
 l Sam McClenny, Jr., succeeded his father l on the witness stand. He said that he
 was at the church the night before the 1 killing of Ellard on Monday. March 1s T was before the grand jury twice. was at the holiness meeting at Upper Coalburg the Sunday night before Ellaro