The Birmingham age-herald., 1912-05-10

l He said he got out of buggy at Dement, S store, but Cole did not. He was there about five minutes. 'I had a warrant for MT. Osterbrook and when I found him we went to the commissary for Osterbrook to make the bond. Just as we had finished making the bond someone told me that ElIard had been shot by Lyerly I ran outside and saw Cole off down in direc- tion toward Chapel road. I suppose 1t was seven or eight minutes from the time l left Cole in front of the commissary un- til saw him off down the road" Witness denied that Cole had ever tried to shoot Sharritt in his presence. Potts told of the meeting between Cole and Sharritt on the front porch of the commissary as related by Sharritt Wednesday, He said .at Cole told Sharritt that if Sullivan told him Cole was mixed up in 1t there would be no hard feeling, but if he did not tell him, Sharritt would have to do some thing"
 On cross examination Potts said that he and Cole followed the dogs up to 80 the night of the killing and the rest of the night he and Cole spent together at the latters place. The next few minutes were spent in recounting details of the chase that night Potts said he did not see but one ambuscade Potts then traced his actions during the day, showing that he had not seen Cole until that aft erhcon about 4:45 o'clock. Potts testified that he was directly under the sheriff.
 He told of how he became connecr- ed with the sheriff's office. He says he was moved from Arcadia to Lewis burg under orders of the sheriff, "He asked me if l had rather work at Ar cadia or Lewisburg, and I told him I'd go wherever he said for me to go. was advanced $10 in salary on the change and have been raised s10 since then. did not see Teck Duncan on the day of the killing and not for sev- eral days before." He denied that Leon Friedman chased rabbits with tho bloodhounds.
 J. Gurley Burgin Called
 J. Gurley Burgin was the next wit ness. He said that Cole boarded with him and was there on the Sunday night before the killing.
 He said that Teck Duncan stayed with Cole at his (Burgins) house on the same night. Ons cross s-examination he said that Cole had boarded with him since February 1. He said although Duncan spent the night before the kill ing, he did not board there. He said Duncan, came there with Cole. "Teck often came to my house and he said he felt safe when he was there He was afraid of that law1ess element out there as well as many others"
 Teck, he said, left his house the next forenoon after breakfast He also had supper there with Cole the night be- fore, the witness said. The witness said that he did not see Teck when the latter left his house the next morn- ing, but did see Cole when he left about o'clock. He said Cole had q l6-gauge pump shotgun, a .3S rifle and a .22 parlor> rifle and one or two smith X Wesson specials. The first, the witness said, he heard of Ellards death was through Cole the next morning. lle remembered Cole saying that the hounds ran rabbits with Leon Fried man.
 This point was brought out especially by Col. P. c. Bowman for the defense. He said that when Teck came to his house one night prior to the shooting of Ellard he asked for Cole and on being informed that Cole was not there asked for one of Coles gun. which was given him. Burgin said 'I am proud to be Coles friend" He is superintendent of mines at Arcadia.
 George Horsley Testifies
 George Horsley testified that he has lived in Rpat ab m