The Birmingham age-herald., 1912-05-10
DUNCAN NOT PLACED ON THE STAND IN THE
 c. H. COLE HEARING
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gun, a 45 pistol and 3s pistol. He said he was going to Jugtown. He said ne was working for Sheriff McAdory. It was about two miles from where l saw Dun can to where Ellard was killed" He again traced his trip from his home above Morris to Sayreton. State rested.
 The witness told Colonel Bowman that the country about where he saw Dun can was sparsely settled.
 q know Mir Sigsbee and MT. Wren, and neither has ever said anything 10 me about this case. I met them a week or two ago.
 oThey had me before the coroners jury two, or three times and before the grand 1Nry two times John Cole and MT Wren came to my mothers house one night ana / told me that they had a summons for me before the grand jury. MT. Cole asked me some questions and 1 told him ] would tell what l knew the next day. ] did not tell them about Duncan and the guns. I do not remember if either or them asked me If met Henry Cole John Cole Just asked me what knew and l told him I did not have anything to tell him.. l told him I did not know anything about the killing. I told the grand jury I didn't know anything about 1t, and l don't, either" Colonel Bowman then questioned the witness, but he clung to what he said
 Cargill Testifies
 D. P. Cargill was the next witness. l know MT. Pennington. I know Henry Cole I knew Felix Ellard. l remember the day Ellard was killed. l run store in that vicinity. I saw neither Ellard, Cole nor Pennington that day. They did not come to my store the day of the kill ing that l can remember. The day that Cole and Pennington tackled a card of Lawrence Pennington on my store was the day before Ellard was killed" Defense rested.
 To state: My store is on Stout's road. about a mile to Lewisburg It Is about one and one-half miles across woods on an air line from my store to where Ellard was killed. I know Teck Duncan, but did not see him the day of the killing. It is a thickly settled community in about my place and Dr. Watts'.'
 Ira Dement, on Stand
 Judge Ira Dement,, one of the noted figures of the Lewisburg beat. was next called. sI live at Lewisburg, Precinct 22. l know Henry Cole. I knew Felix Ellard. l saw Ellard about s in the morning going to Birmingham with his wife. He was there about in the afternoon. too, alone. He left my house about 4 o'clock It is about three miles from my house to his. and about two miles from my home to where he was killed. He left my house leisurely. I saw Henry Cole about IF o'clock that day with MT. Pennington. They were going toward Birmingham. l saw Cole again about 10 minutes to 5. and he was with John Potts. They were going toward Lewisburg. They stopped there a few minutes for a blank bond. and then they drove off in a moderate gai,. I did not see Cole any more that day l don't know who killed Ellard. l did not, for we were good friends Potts was not at my house when Ellard and his wife passed there Ellard wanted a name of some DeArmond, so he could get a warrant for them for killing Will Rhea. That is all the business he had with me. I next saw Ellard about o'clock and he stopped an hour Potts was not there then. I next saw Potts when Potts came in and asked me for bond. I saw Henry Cole in the road and 1 saw Potts get In with him. I don't know whether they came up in the buggy together or not. Il was 50 minutes from the time Ellard left until the time Potts and Cole came up Potts and Cole went in the direction of Lcwisburg."
 Small Testifies
 ID. II. Small testified as follows: T live at North Birmingham l know Henry Cole and knew Felix Ellard. l saw Cole : about 4:3O at Thirtyfifth avenue. North N Birmingham. He was in his buggy. NC None was with him when he left North Birmingham. He was trotting his horse don't know what kind of horse. didn't notice him with any bundles. went behind him about 45 minutes. only went to Judge Dement'S and got there about 5:30. I learned there that FL lard was killed. saw Mir Ellard just below Judge Dement'S. left Lewisbure for North Birmingham about 3:30. Ellard was about 100 yards from Dement'S store when met him. I did not see him any more that day. I saw holes in his neck at the undertaker's the next day. There were about five or six. No. one made any inquiry of me about Ellard that day. 1 do not know Teck Duncan"
 Will Yarbrough was a new witness. T live in New Georgia. l was there on March 1S I have lived there aboue eight months I know Henry Cole. l knew Felix EIlard. I did not see him the day he was killed. 1 saw Cole about 4:15 oi 4:3O. not positive which. This was al North Birmingham getting off the car He went toward Mary Lee. This was same day of Ellard killing. l went out close behind Cole. Il did not overtake him. got to Mary Lee at S:l5 or b..