The Birmingham age-herald., 1913-03-02

/
"a double barrel shotgun? A.-No,
sir, it was pump gun, No. Il, and
loaded with bucl<shot.
Q.-Where did you get those buck
! shot? A-Henry Cole gave them to
me- they were some old shells that he
had had on hand quite a bit.
Q.--Where did he give them to you
A.-At Gurley Burgins house on Sun
day night before old man Ellard was
killed on Monday.
! Q.-Is that at Arcadia? A-Yes. sir.
O. What cid Cole say to you, if
anything, at the time he gave you
those buckshot? Ale told me to go
/ Told Him to Do 1t
Q.AWas that Henry Cole? A.-Yes,
sir. He says go over there in the
morning and by c. don't miss him
he had me out the day before that
hunting old man Ellard-we we're hunt
ing each other. and / found old man
Ellard first. l knew he was hunting
me and / wouldn't acke him, and Cole
says, by C you go over there and
get him in the morning. and when
you get him come on back and yon
can get $1oo clean cash money and
500 a month after that; he says you
go over there and xiii him and don't
you come back here without him; and
| by c. 1 didn't Old man Ellard
KNOWS who killed him.
! Q.-Who. .sknows2 Add mar Ell
Hard. / walked out on the side of the
liroad as he drove up and I said. You
are hunting me and am hunting you,"
land he says, Yes, by c.. and 1
am going to kill You" And.he reached
| for his pistol and he got up about
half ways with it and shot him.
Q.-With a shotgun? A.-No, sir. a
/! pump gun, and I shot him, and then
his pistol fell out of his hand
Q-Were you down at the lower
| blind? Ayes, sir.
Q.-The tree top blind? A.-Yes, sir,
and that's the only blind ] knew any
thing about and that morning when I
| went over there [ seen the old man
| coming and / seen his wife--that morn
| ing I was over on the other side of
the road--and he had his wife in the
| buggy with him, and l wouldn't shoot
him then because I thought too much
of her, and / knew she was a good
woman and l wouldn't shoot him then
/ thought too much of her to do a
trick like that and then / went over
on the other side of the road there,
and there wasn't anybody seen me
then.
/ Ono one saw you? A.-No, sir, no
one seen me except two men chopping
with an ak, and | went over on the
E other side of the road and before he
came back l went oyer to the old Dee
mine and got some whisky 1 had there
and come back; and when I saw old
man Ellards buggy turn over the
hill
Q.-What time of day was that,
ITeek? Ain, the shank of the even
He, Heo,-whaYis is you hest Judgment about
the time? Alt was something near
; 4 o'clock. or 3:90-
Q.-Wasn't it later than that? A.
No. sir; | don't believe it was, be-
cause 7 wasn't but few minutes get
ting back from the old Dee mine.
Ellard After Him
Q.-What time did you go over to
, the blind? Just commence and tell
your movements from the time you
left Henry Cole. You spent the night
at his house, didn't you? Ayes. sir.
On Sunday evening, the 18th day of
March, of this year, l found out that
old man Ellard was after me and just
missed killing me Sunday morning
: five minutes by the watch. and found
that out and of course / knew all
: the time that old man Ellard was after
; me to kill me, and l heard that he
was going to kill me and Henry Cole
| ooth and SO we got our guns ready
and on Sunday night we went down to
? that church-that was so about me
going down there; they swore the truth
about that-I was down there, but I
t wasn't behind the coalhouse, but I was
sitting out in front of the whole thing
and Henry Cole went in the house; and
+, that is fact about them sending
. there after him. He swore the truth
! about that l wouldn't go
} Q.-What did they send after him
for. A,-There was some trouble down
, there at the meeting house and Henry
pn pa
| shotgun and go with me down there;
and l goes over and gets the pump
: gun and l had this Jargsen rifle before
that. l wanted to shoot old man Ellard
with that rifle that he furnished to
kill Evans with. and he did kill him.
and SO l went over to A1eXander's and
got the shotgun and we went on down
to the church,.
Q.-You and Henry Cole? A-Yes
sir
Q.--You Went on down to the
church? A.-Yes. sir. and | came on
back and Cole came to the boarding
Ihouse and told me to carry the guns
over and hide them on the mountain
and so carried them over there; and
those people swore, the truth about me
crossing that bridge.
o. thought you We're telling about
the night before? A-That's the night
before. 4 hid the guns that night and
II cole JOiu me To- niue llle1n OH Indi
} mountain and then nobody would see
} me when | got them and carried then
away in the morning, and L went over
there and hid them under a-log, this
rifle and pump gun, and the next
morning j went over there and got the
guns, and / did go over by that ole
test pit and | did look for the shells
and l went on over to old man Ell
lards and l got around in the patti
on the road where he made his turn
to come to' Birmingham, and he hap
pened to have his wife in the buggy
With him and / thought to myself
will take chances on my own life be-
fore / shoot him with her in the buggy
They had it cut and dried to kill mt
one night at Bill Farley's.
Q.---And you let old man Ellard ant
his wife go on? A.-Yes, sir, and ther
[ went back through the woods and
took another drink of whisky.
Went Back to Place
Q.--Where you when they passed
along the road? Were you in the blind
A.--No, sir; 1 was right close to hi.
house then, and when old man Ellart
and his wife-I got my whisky ant
drank about half of it--and then
went back over there to that place
that Henry Cole picked out for me a
Lewisburg, so it would be laid on tn,
Lewisburg people.
Odd Henry Cole pick out tina
!, place for you to kill old man Ell