The Birmingham age-herald., 1912-05-11
Did Not Examine Witnesses

MT. Bell opened his argument by declar- ing that it was the law that the intro duction of the indictment in habeas corpus proceedings composed prima facie evi- dence, and such being the case. the court would be compelled to bind the defend- ant over without bond. He severely ar raigned the defense for their method of conducting the hearing. He said it was the duty of the defense in such cases to examine every witness for the state as named on the indictment, but that they had not done it in this case He said that they had not examined Walter Metcalfe, who was within a moment of the court room, and that they had not examined Oscar Baker, who was also named in the indictment. MT. Bells words in this re- spect came sharply and crisply. He said that there were also others named in the indictment who had not been called by the defense
 Testimony of Shar tt and Reid He discussed the testimony of most of the witnesses, expressing opinions of them He especially dwelt upon the tes- timony of Amos Sharritt wherein the lat- ter swore that Cole had told him that I've have either got to fix old Ellard or he is going to kill us both," and the tes- timony given by E. c. R. Reid, who said that Cole had told man on the North Birmingham car in reply to the state ment. "Old man Ellard has played his trump card al right ''Yes, but the old I- will gel load of buckshot before this day next week"
 Cole had said that old man Ellard must die or he would fix them both, meaning himself and Sharritt; Cole later told a man, according to witness whose testimony could not be shaken, in just the manner that old man Ellard would meet his death. and that it would be with in the week. And he did die in that way!' shouted the prosecutor. T don't know what stand my collea gues will take in this matter" he continued, but I will say here and now that l never have and do not now believe that Henry Cole pulled the trigger that sent Felix Ellard to his death But I do believe that he does know who pulled that trigger
 Plays Merriwether
 He remarked that Cole was the second man to visit Teck Duncan after the latter was incarcerated in the county jail on the charge of killing Ellard. He vigorously flayed Deputy Sheriff w. B. Merriwether
 
 mony He did not want to say anything and we had to use dynamite to got even a little out of him. Why? You get no re- ply!" He argued that while the court had to observe certain technicalites, that it also had to use little common sense and he appealed to the court to use lit tie common sense in weighing the testi- mony of Deputy Merriwether.
 The speaking attorney quoted from an Alabama report to the effect that an ac- cessory before the fact was equally as guilty as the principals in the first and second degrees, even if the accessory was 20 miles away at the time of the comn1is- sion of the deed. If Henry Cole was not present in the flesh he was present in spirit when the soul of Felix Ellard took
 it's flight to it's Makeri' said the attor- ney.
 In conclusion he reiterated his state ment that the introduction of the indict- ment would compel the court, as prima facie evidence, to bind Cole over without bond.
 The court, however, decided otherwise