The Birmingham age-herald., 1912-05-11
AN0z0ThER

formerly said that he did not mention 1 his Duncan's) connection with the FL
 lard killing, The witness replied that he did not remember anything special, he
 said, about his connection with the Ellard l killing. He denied ever having heard from anyone that Duncan wanted to make confession.
 l Don't you. know that you and Met calfe both saw Duncan before Mir. Burr, ] Bodeker or l saw him?" asked MT. 1 Heflin.
 T do not" declared the witness.
 The witness left the stand at l:5S, hay ing gone on at 10 o'clock. He appeared | fatigued toward the last.
 B. G. R. Reid was the witness to fol-
 low the deputy. He is the sexton at the
 Oak Hill cemetery. He stated that he had
 lived in Birmingham 15 or IS years. He said he had seen Mir. Wren Friday morn I ing, but had no conversation about the case. "On Friday or Saturday before the assassination of Mir. Ellard I was on Bir-
 mlngham Railway Light and Power com pany car going to North Birmingham. | overheard conversation between MT. Cole and some gentleman I do not know. He was a tall man with black moustache 1 About Seventeenth avenue and Twenty
 sixth street went to back of car to light a cigarette, and I heard this man say, 1 The old man has played good hand and
 Mir Cole said. Yes. but the old - will get load of buckshot before this 1 day next week
 1 The witness then amended his testimony and said that the man said, The old man l Elard has played a good hand" Mir l Bowman then called him to task about l 1t. The stenographic report was read, and | 1t was without Ellard's name. There
 were a number of people on the car I think about 20. Cole and this man were standing on back end"
 1 Mir. Bowman then repeated his testi-
 mony and asked the witness if he said it. | T did" said the witness. The witness l said that 1t was in the afternoon that
 he heard this conversation. He denied that he had been drinking that day He
 said that Cole and the other man ap- peared to be sober.
 1 The attorneys for the defense had the l witness repeat the conversation he over | heard in the tone that Cole and the man
 used He did, which was not audible
 across the room. and the witness said he heard it above the noise of the street
 car. The defense rested.
 l To the state the witness said that he
 mentioned the conversation to Berry Me-
 Annally. his brother-in-law.
 You have no i'll will against Henry Cole. have you?" asked Mir Hefiin.
 None whatever" said the witness in a
 clear, positive voice.
 i The state rested
 To defense: T have known MT. Cole I by sight for a number of years. I have
 been here IT or IS years. have known
 him by sight practically all that time T l never told anyone about that conversation except my brother-in-law until went be fore the grand jury I went before inc
 grand jury unsolicited. of my own free VIII and accord He said that he testi- 1 ned before the grand jury the same thing | ne had just bo cyo o,1 Bowman asked that he repeat his testi- mony with slight deviations He saiJ that he told the grand jury that the man had said to Cole Well, old man Ellard
 has played his trump card. all right and
 he said on the stand that the man said
 Well. old man EJlard has played a good ] hand" st
 Mir Hehin then read the report of the grand jury. which was identical with
 what. he said he had sworn before the
 grand jury.
 He said he knew it was Friday or Sat- l 6rday by a check given him by the Beggs Foundry company for work done at cemetery He said the check was made
 payable to him.
 Cole Back on Stand l Mir Cole was then put on the stand and asked by MT. Bowman if he had figured 1 in conversation as told by the former
 witness. He denied that saying that he
 had not been on'a North Birmingham car
 on those days. He said that Friday and
 Saturday he was with T. A. Duncan or I Teck Duncan and that they had driven over the Hoadley road. This he said. was 1 on Saturday, March Is, two days before the killing. He said Duncan left Bur- gins afoot and he tCole) stayed there ] for supper. 2 l On Friday Cole said all the afternoon l he was in court in Birmingham On Thursday he said he was serving sub- | poenas on Cat mountain.
 | Court was then adjourned until 2 o'clock. The defense closed it's case and