The Birmingham age-herald., 1913-04-19
Sensational Allegations by
Duncan in Metcalfe Trial
CONTINUED From Page Fiye)

tContinued From Page Five)
---~--~---------~--->---- ---~---------~--~--------
was said? A The first time it was men,
toned to me 1t was mentioned down there
in the hall near sheriffs office by
Mr.. Metcalf.
Q.what was said? A. Mr.. Metcalf
said
@. Who do you mean by Mr.. Metcalf,
Walter Metcalf? A. Yes, sir. Walter Met
calf.
@. The defendant? A. Yes, sir. He said.
why don't you and Henry kill the
d-?' That was the first time it was
mentioned.
@. Was there anything said about what
Ellard had done In reference to getting
up q publication or petition or anything
3 of that kind? A. Yes, sir.
Defendant objects to leading the wit
ness.
A. 1t was about two or three days after
old man Ellard got up petition towards
impeaching the sheriff and this here,
when Mr.. Metcalf made mention to me
about killing him, TO me and Henry both,
me and Henry Cole was present when ne
made this remark.
Defendant objects to the testimony on
the ground it is immaterial, irrelevant,
and incompetent and Illegal testimony
and not binding on the defendant
The court overrues the objection
Defendant excepts to the ruling.
birmingham, April 1s.-G p ny
In Front of Sheriff's Office
O. Where did you say that occurred?
A. Down here in the hall right in front
of the sheriffs office.
Q. And who did you say was present?
"A. Me and Henry Cole Was present when
that word was spoken.
~ q. Spoken by whom? A. Mr.. Metcalf.
Q. What did you do then after that con-
versation what was said, anything else
said besides that? A. Nothing else said
right then There was somebody stepped
up and called Mr.. Metcalf and he went
into the Office and then him and Henry
cole went across over in the other office
and was in there | reckon maybe about
a half an hour or maybe longer and then
came to the door and called me in there.
@ Then what? A. Then he told me,
said, Now, Teck If you will kill him, :"
said I'VE will give you a hundred dol
lars
The Court Who said that?
Witness-Henry first spoke up. | said.
what about that, Mr. Metcalfe?' Henry
Cole said. I'VE will give you Doodle
of a hundred dollars. give you hundred
: dollars extra besides your salary If you
win kill him." said, what about that,
MIR Metcafe?" and he said. 1T is all
right | will see 1t is paid" Mr.. Met
calfe spoke up and told me and | said
8''All right
die yon separate or what? A. went out
IN town and Henry fooled along and we
went home I reckon, Henry went out
home to Woodlawn and that evening |
met him back here, met Henry back
here at the sheriff's office and me and
him went ON out to Arcadia together
Q. How did you go? A In buggy.
O. Went to Arcadia. Where did you
go then. after you got out there? A.
After / got to Arcadia | left him there
at his boarding house, got out of the
buggy at the boarding house and went
over to Eldorado.
@. The boarding house, who was that?
Ia Tobe Wynn.
O. I say where was Henry Cole living?
Grrley Burgin.
O. When did you see Cole after that?
A. I saw him the next day
@. Where was he? A. I saw him over
there at Arcadia.
@. What were you doing then? A.
was working under Henry Cole.
O. Working how? A. Working as
deputy sheriff, doing just what he told
me to do.
@. Then what passed between you and
Henry when you saw him as you say
the next day? A. 1 don't remember ex-
actly what all we talked about, but then
about all that Henry talked about was
killing old man Ellard, laying plans and
planning how to kill him.
On Saturday Evening
G. We'll, did you have any further talk
with Mr. Metcalfe about 1t before the
killing? A. Yes, sir; later than that we
<oxx Co ott,r1 1ax oxyax,
ing and had a conversation with Mr..
Metcalfe, me and Henry Cole had con-
Nersaton with him together and Mr.. Met
caife said to me, said Now here is the
remark that he nlade said Now them
guns amt no excuse said. I'VE will
furnish you all the guns that you need,
furnish you all the guns you need" and
said "Now, BY God. go back out there
and don't come back here without him,
that was on Saturday evening.
@. Without who? A. Without killing old
man Ellard. Said by God, don't you
come back here without him.
The Court: What did you say about
guns? Witness: Said 1--WE will furnish
you all the guns that you need" And
we got gun here that evening. we got
"a gun here at the sheriffs office or
Henry did, the rifle that Killed Law
hence Evans, the one they had taken
away from the Jones boys. and l put
the old rifle in the buggy and carried it
out to Arcadia.
> @. Did you get anything? A. No. moth
sing but some As Colts cartridges.
Q. Where did you get them? A. In the
ST teriff's offi1.
@. Who gave them to you? A. Mr..
Metcalfe there told me to look in the
box there and take out as many as ]
wanted and I went in there and picked
out all there was. think l got 10 or Il
~ Colts cartridges.
O. What else? A. got in the buggy
and went back out that way, went back
home.
Z. Details of Actual Killing
3 At this point the witness began in de-
|1tafl and told all the minute incidents
8 onnected. with the actual killing Of FL
s Ard, practically the,same story az coR-
lined IN his confession which was pub