The Birmingham age-herald., 1912-05-11

thought the horse was running away. He asked me about doctor, and said a mar was shot. asked him who, and he did not answer me. I turned then to gc and get Potts, and met him and others coming toward me. Potts got in my 1 buggy and we went to where Ellard was shot. do not know who killed Ellard'
 Did you do it yourself?" asked MT Bowman.
 No more than did you," replied Cole
 Duncan at His Room Teck Duncan stayed with me at my room the night before. Duncan and went to Frog Level church that night An idiot named Happy had asked us te come down there. as some one had beer giving him trouble. We took guns. Dun, can and l had been working together or the Jones boys cases. 1 knew Amos Sharritts face. 1 don't know him and don't think he knows himself I did not say anything to Sharritt about fixing FL lard, nor anything like it'
 He denied the rest of Sharritts testi- mony. Potts called Sharritt on outside of conmissary and l asked Sharritt If he had said that he had three witnesses who would Swear that they saw Potts and me piling brush where Ellard was killed He said detective told him, and he was only repeating it and did not believe it l told him then he would have to go with me, and he said he would go I did not go to Abe Richs and buy any shells. have not bought buckshot in over year was in there that day. Defense rested
 State Examines Witness
 To state: T am employed by Walter K. McAdory, sheriff of Jefferson county He pays me my salary. don't know who pays him. The sheriff also paid me al Short Creek, where l was before that. don't know who paid him. I went to Arcadia December l, 1911. I boarded with MT. Burgin the time Ellard was killed.''
 His testimony to the state was the same as to the defense. He denied asking old man McClenny for Ellard or asking any one else for Ellard.
 The reason I took guns was because thought there was a bunch of boys sympathizers with the Jones boys, and suspected trap. Yes, l went merely on the say so of the idiot, Happy The, witness said that he heard I.llard' $ name called there and thought that Dun can called it. He said that the day he and Pennington made the trip to Bir- mingham was the first time they had ever made it before. He said he remem- bered when Duncan was arrested. gHe said the first time he saw Duncan was about o'clock the day Sheriff McAdory 1 and others went to Lewisburg. q did not tell him to keep his mouth shut. ] I only saw Duncan two times. The second | time was the next morning" He denied that the sheriff had told him that he 1 (Cole) was suspected of being implicated | in the killing.
 He reiterated his statement that he only saw Duncan twice. He said when he talked to Duncan that the latter sat on the side of his bed. He also admitted seeing the negro Alexander, who was charged with killing Ellard. He said he only brought Duncan's alibi witnesses az a matter of duty. but denied trying to rush them before the coroner's jury ahead of others. He said he was under the i'm pression that Duncan was working for the Pratt company. He told of how Dun- acn turned up a wildcat still and received $10 reward for it. He said that Duncan was helping him and other deputies ir working up cases against the Jones boys He said he had three guns and two pis- tols at his room at Burgin's. He de nied sending Duncan after a gun. The gun Duncan had. he said. belonged tc Jim Alexander and was a F gauge. Cole states that he had the gun in his chargs when Duncan got it. He said that he thought he used discretion in turning back from the road for Potts. Cole stated that he went to see Duncan or orders of the sheriff. He said he told Duncan that he had been out there to the scene of the killing.
 'lf talked to Duncan about his con nection with the Ellard case. don't re member it. I do remember, though, sita, did not tell him to keep his mouth shut both times l saw him., said the witness He said that the only excuse he had foi seeing Duncan was for the purpose of finding out about some witnesses for the case against the Jones boys. But wait, T he said T did have another reason for seeing him: l. went ito find out if he tDuncan) was guilty of what he was |charGed"
 Mir. Hefiin then asked hiw if he had not