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

wards from his hat" He said the wounas n,,st have been caused by larger shot than common shot. "I have talked to MT SIS .. bee and MT. Wren. but they dld hoI 1iS atS to get me to change my testinioiS' '''' not talk to Paul Cole
 F. B. Pennington Called
 The next witness was F. B. Pennington one of the general superintendents or ihe Pratt Consolidated |. T have lived in Birmingham TOT i' wears I have worked for Pratt Consoh- dated several years. have known Henry Cole six years Ellard was killed Mafen 1S left Birmingham at o'cloek on Louisville and Nashville and got OH a' Eldorado. seven or eight miles from Lew ishurc. I saw Cole at Cliff, on LoulsNlie anJ Nashville, five miles from LeWlspuis E. This was between 9;15 and 9:5O was on trair and told Cole to drive on to Eluo- rada and he got there few minutes be- fore 10 I had instructed him to meet me at cliff. He and 1 left Eldorado Tor Arcadia at ii o'clock. We had dinner at Arcadia We came to Birmingham, ar irving at my office in Birmingham apout 2.4i He left here about o'clock. on the road from Arcadia to Blfmihgnali i stopped a few minutes at MT. Carsii , at Upper Lewisburg. l also stopped q. the blacksmith shop. Neither or UT got out of buggy. We also stopped at Ira Dernents. but neither of us got out. we talked a few minutes We stopped agaih at Hardman's store. but neither got out We sfonped in New Georgia at Judge Huff,s. We talked there only a minute or so. We drove directly to end or Nor. .il Birmingham car line and waited lV or 10 minutes for first car and came right to my office where he got some ilteIa sl of my sons, who was candidate TOT hoard of revenue I knew Felix bliaro. di1 moi see him on our trip to Birmlng- ham," Defense rested.
 Questions By State
 To state: We left Dement'S store a lIittle after o'clock No one told us that Ellard had gone to North Birmihg- ham We did not pass Ellard's house. The reason I went to Ellard was thal was on my regular rounds. toiu Co,e to meet me. so l would not have to walk That was the only reason. nao niaoe inc trip from Arcadia to Birmingham a month or two prior to this. but don think I ever came by Lewisburg before with him. I telephoned our office at Ar cadia to have Cole meet me. had no control over Cole. He was special oili- | cer for my company and we paiu the the | sheriff for an officer. l think IL IS slVV' | We did not have more than one. we were not paying the sherln TOT iehlf Cole. but for officers for proteetioh' as there had been several negroes killed. we asked the sheriff to station oilicers ,- tbat district. Prior to MT Coles coming l to ,,e we had five or six other officers, anong whom were Mir. Potts, who IS now at Lewisburg. We were paying Tecl, Duncan so much ton for digging 1 coal don't know whether he was work ing March IS. nao,s o,,
 "Cole was not subject 10 my orueis W or inc day that Ellard was killed. It IS noI eact that the sheriff had no control over him. It is not fact thar l nau con troI over him. My company did not maks lhie bond as deputy sheriff l don't know whetber he made bond or not. l tele- nhored Cole because he was the only man who had a buggy that could reach nsuallv use my saddle horse. Mir Cole 1 has mayer received any instructions from me or my company to do anything oi transact any business whatever
 eIe gave us and all of Beat p protec- ,ion as an officer of the law. I think MT i q R Mccormack, president of our com many. made negotiations with the sherifi | for officers. To my knowledge no mem | her of our company asked especially foi Henry Cole l mean to say that our com many pays Sl0O a month for protection | think MT. MeCormack made this ar | ranpement with the sheriff in December l 1911 We began paying for services through tn sheriff's office prior to that l We began paying for Coles services wban he went there about January 1912 did not come along the road where FL lard was killed that day We came bs old Walker Chapel road" He repeated | his testimony about the time he got tt Birmingham.
 snrhe next time I saw Cole afte' | he left my office was two or thres days after at Arcadia. I had mo othei hbusiness with him except to help me 1T my sons campaign, which he promised | to do as a friend" State rested.
 q only requested Mr. Cole to meet m at Cliff as a friend, so that could ride. Witness reiterated his statements regard ing trade with the sheriff. The conditions