The Birmingham age-herald., 1912-03-09
Tom Fay, Another Member of Gang, Positively Iden-
 tifies the Prisoner
COURT ROOM CROWDED AT TRIAL YESTERDAY
"We Have Killed Two Bulls; You'd Better Beat It." Fay Says Pris- oner Exclaimed on Night the
 Policemen Were Killed

'We have killed two bulls (policemen), you had better beat it." These words Tom Fay yesterday swore were uttered by New York Harry on the night of the killing of Police officers Kirkley and Adams nearly F years ago.
 Tom Fay, who was a member of the Duncan Miller gang of safe blowers is the star witness in the preliminary trial of James Rooney, alias James Dowd, alias New York Harry" charged with the murder of the two officers, and whose case is now being heard before Judge IL E. Abernethy, judge of the court of common pleas
 Owing to the large number of witnesses and persons interested in the triala the hearing is being held in the court room of the third division of the city court.
 Court Room Crowded
 The spaceous coura room was crowded during the trial. many persons attending court through curiosity to see the now famous prisoner
 Promptly at o'clock Judge Abernethy called the case. Circuit Solicitor Joseph R. Tate is representing the state, Gibson x Davis, Tom MeAdory and Charles Will Hams are representing the defendant. There are two warrants against Rooney, ono charging him with the killing of Po- iceman Adams, the other with the murder of Policeman Kirkley. The prisoner Is being tried on one warrant. The witnesses for the state are Dr. Charles Whelan, who attended the deceased officers; Mick
 nj. fs1., victs Tom Fay, Frank Edward and T. E. Wilson. The last three witnesses were members of the gang of safe blowers who were operating in Birmngham at the time of the death of the two officers.
 Dr. Whelan Testifies pr. Whelan testified that he had att tended the deceased officers. and that they came to their death by gunshot wounds, at whose hand he did not know. His testimony was admitted by the de- fense.
 Mickey Brennan knew nothing about the shooting, he said, but testified he had met the prisoner in a saloon in Birmingham oa the day the policemen were killed. MT. Disheroon testified that he saw the prls- oner in Birmingham on the same day In con pany with some of the other members of the Miller-Duncan gang.
 Frank Edwards member of the gang who was convicted and sent to the penitentiary on charges connected with the affair for which Rooney is now being tried. stated that he had met New York Harry on the day that the two policemen were killed, but that he. Edwards, was intoxicated at the time and could not positively swear that the prisoner at -the bar was the same man he had met, but stated that there was some resemblance.
 Says Rooney Confessed
 Tom E. Wilson who was convicted jointly with Rooney for safe blowing in another case, they both being sen tenced to five years in the federal prison at Atlanta, testified that Rooney told him while they were in prison that he (Rooney) and Dutch Miller had killed two policemen in Birmingham several years ago. Wilson was given gruilling cross examination by Attor- ney White Gibson, but repeated his story and insisted that his statement was true.
 Tom Fay, who was also convicted and sent to the mines for participation in the crime that sent Duncan and Miller
 
 prisoner as New York Harry" He told of the meeting of the gang in d room over restaurant, and stated that he DFay). Duncan, Edwards and another were present when Rooney (New York Harry) and Dutch Miller dashed the door open and urged them to flee. We have killed two bulls, you had better beat it." were the words Fay swore fell from the lips of the accused. He was very positive in his Identification of the prisoner and told many of the details leading up to the commission of the crime for which he and the other members of the gang were brought to justice
 Resume Case Today
 At 530 Judge Abernethy adjourned court until 10 o'clock this morning when the hearing will be resumed
 Attending the trial and assisting the solicitor in the prosecution is H. T. Gregory, United States postoffice in- spector Chief George H. Bodeker is also in attendance and is watching the proceedings with careful interest
 During the early part of the trial the crowd commenced to laugh at some