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

was killed Got there about o'clock. 1 | stayed until services were over. There was no disturbance. Saw both Cole and Duncan. Cole was in church. Teck Dun can was outside by the coalhouse. ] saw Cole come out of the church. l didn't see any guns When I Walked up to Duncan he told me 10 go on away, to get on the other side, Just saving, Sam, go on the other side MT. Cole came out and ho and Duncan went off together l don [ know how long Duncan was by the coal house Nobody heard Duncan tell me to get away. Said nothing else to me.
 "The coalhouse hid him so that he could not be seen from the church.
 "I saw Duncan about o'clock on the road near Arcadia coming to where El- 1 lard was killed. This was about mile from Walkers chapel He was going to- ward coalburg.
 He was in the road I was sitting on the side of the road. He did not speak to me. He was walking at his usual pace"
 Jeff Heron, the next witness. swore that he knew nothing of the killing of Ellard and was excused.
 Bowman Objects
 Attorney Bowmai then objected to the hearing going on. saying that no connec- ton was made between Cole and the kill ing of Ellard, but the objection was over ruled and the hearing continued. | George Rotowsky swore that he saw some one on the Ellard or Hoadley road the afternoon Ellard was killed. He said he thought at one time that it was Claude Ellard and then thought it was a man to whom he was afterward introduced as Henry Cole. He says he went with 1 Cole and Potts 10 the scene of the kill- 1 ing when the latter two were notified of it.
 George W. Abney was the next witness. He stated that he moved to Naw Georgia from Mineral Springs obly the day before Ellard was killed. He says he testified once before the grand jury and once be- | fore the coroner's jury. Reuben Lyerly stated that he lived about mile from Lewisburg commissary. He stated that on the day of Felix Ellard's ragic death he saw man who was said to be Henry Cole. ''He was pointed out 1 to me at the commissary. I am not ac- [ quainted with Rotowll<y. It was between and , o'clock when heard some holer- ing and ran about a quarter of mile | from where I was to the place to where I heard the noise. I found there that old nan Flard had been killed. Claude told mo that his father had been killed. l jumped Mir. Ellard's horse and went to the commissary. I did not meet any one except Mr. C. c. Alexander on the road from the scene of the killing to the oommissary. MT. Potts, I am certain, was there and he got in a buggy with l Henry Cole. At least. the man whom he got in the buggy with was said to be 1 Henry Cole.'
 Did you kill Felix Ellard yourself?" interposed MT. Howard.
 Did Not Kill Ellard 1 "Of course I did not" exclaimed the witness. eliciting a laugh from those in the court room.
 MT. Ellard lived on the Ellard or Hoad- ley road" continued the witness MT. Ellard was lying with his head toward Lewisburg. His hat was found about 90 | yards above where the body was found. It was nearly opposite the blind from which Mir Elard is said to have been killed. Trails had been made from the r,~1 'a the blind where people had been walking.
 s.. .ne return, from the commissary to the scene of the killing, MT. Potts and the man said to be Henry Cole were in l the lead. 1 did not know Cole of my owr knowledge. 1 will not swear that 1t was l Cole"
 ! Several attempts were made by the prosecution to make the witness deviats