The Birmingham age-herald., 1912-05-11
and stated that the defendant was bound over under bond in the sum of 5000.
Examination of Witnesses

over under bond in the sum of 5000.
 Examination of Witnesses
 Court convened yesterday morning at 9:3O and the examination of witnesses was begun The session was regarded as par ticularly detrimental to the interests of Cole inasmuch as the testimony of H. C. R. Reid was introduced in which he swore that he overheard a conversation between Cole and another man three or four days before the killing, in which Cole predicted the death of Ellard within a week by buckshot wounds It is well known fact that Ellard met his death in this way.
 Cole was also put on the stand during the morning. He went on exactly at 10 o'clock and~left the stand at 153, having testified in his own behalf an hour and B minutes. He was an excellent witness. but appeared to be fatigued along toward the last. He made sweeping denial Of most of the evidence which had been in- troduced against him. He admitted parts of the evidence given by witnesses, and offered an explanation of the meaning of their testimony.
 In the order of their appearance on the stand. the following witnesses testified yesterday morning: John w. Grim, Slsp Thompson. Henry Cole and E. c. R. Reid. Just as Reid was leaving the -ssand Cole WAS recalled to the SIdnu. dHu It Iildut d denial of the testimony offered by Reid.
 Court was called again at o'clock, but there was considerable delay on the part of the state. The prosecution's attorneys held.a conference, and when they returned they stated that they did not wish a re- buttal as they had made known just be- fore the noon adjournment The defense then called Judge l. H. Benners of the court of common pleas to the stand. He ua tha only witness during tha al ftar- noon.
 After his testimony was given the states attorneys held another conference The defense then announced that they would not argue the case, but Solicitor Hefin said that the state would. Robert N. Bell took the floor and spoke for about 15 or 20 minutes.
 The court allowed the state % days in which to prepare it's bill of exceptions in the appeal to the supreme court. Upon the announcement that an appeal would be taken. the court named five days as the time, but later extended the time to 30 days Cole. as prescribed by law. must remain in jail until the case is passed upon by the supreme court
 Grim First Witness
 John w. Grim was the first witness of the day T live in Bbb county and have lived there for a month. In March last I lived in Beat 22, Jefferson county. and had been there for two years I knew Felix Ellard by sight, but scarcely knew Henry Cole. I lived there when Elarc was killed. I was not at the place where Ellard was killed. I was not behind the blinds the day he was killed. I worked at the mines till o'clock, and then went to saw mill of MT. Kimmons on the creek. I don't know anything about the geography of the country. After leaving the sawmill I vent home. l do not know who killed Felix Ellard. know TecS Duncan by sight and saw a man l sup posed to be him. but am not sure. did not see Cole. I saw a man l supposed to be Teck in the woods while I was go- ing to the sawmill. I passed in about 70 or 80 yards from him. 1 was in the woods