The Birmingham age-herald., 1913-04-22

I
[ will ask you to tell the court if he did
come there that morning. and IL so. what
| conversation took place between your A.
Yes sir, he came there that morning, the
morning after Ellard was killed. l was
standing talking to Sheriff McAdory when
Teck Duncan came up the alley. with his
hat on the back of his head and looked
like he was In an extra good humor and
said, 'tTeck what did you kill old man
Elard for?" and he said Il didn't kill
\ the - - -, but am not a damn
bit sorry he is dead" | told him lit is
going to be necessary for you to prove
where you were Yesterday and he said,
'T can do that. l was up to Coalburg
drunk with some women Mr.. McAdory
told me to hurry up and get ready and
come on, as | got to the door. l turned to
Duncan and told him 'it might be neces-
sary to put you in Jail You better re-
port around here every morning until
something develops in this case didn'
see Tecl1 Duncan any more until after
he was arrested.
@. You heard Teck Duncan's testimony
to the effect that the morning after he
claims he was doped by Henry Burford
that you were the first one that came to
see him the next morning Were you
the first one? a. No
@. Do you know of any one that saw
him before you did? A. Mr. McAdory.
@. Did he come back and tell you any
thing? A. He came back and told me he
denied saying anything to me that morn
ing. and for me to go over and see If he
would tell me anything.
O. Did you go over? a. Not right then.
Later l did.
Wanted to See How He Was Feeling
| @. What conversation took place
then? l asked him how he was feeling,
and he said he had an awful headache
and | told him Mr. McAdory had said
he had denied saying anything TO me
that morning and L asked him If that
was true he had said the morning
before and he said he didn't say any
thing to me or didn't have any recol-
lection of anything that happened that
day.
c. To go back to what actually did
happen. Who first brought the infor-
nation to you that Duncan wanted tc
talk? A. Mr.. Merriweather who said
rTeck Duncan wanted to see you pri-
lVate," TO make confession and L told
him TO turn him out of the big jail
and we went up stairs over the war
dens office.
@. What time was thate A. About
8 o'clock.
@. Was that the same morning that
Mr.. Heflin and myself and the Cor
oner's jury had gone out to Lewis
burg? A. 1t was, yes, sir.
Q. What did he tell you when he
got to the warden's office? A. He said
he wanted TO make a confession as to
killing old man Ellard. He prefaceG
his remarks by saying they had been
! trying to prove him crazy, and | said,
do you know anything about the kill
ing of old man Ellard? ?" and he said
a nigger fired the shot but l was there.
IL ] can see Mr.. Heflin, / will tell the
whole story" [ said, did Henry Cole
have anything to do with it?' and he
said, Yes. he knew about it," and ]
said, Keep your mouth shut until /
can find Mr.. Heflin or Mr.. Burr" l
Suggested both of you, and | Immediately
came down.
@. Where did you leave him? A.
left him ustairs. / went TO the solicit
tors office looking for Mr.. Heflin, and
Mr.. Winston was there.
| / told him Teek Duncan wanted to
make a confession.
@. Did YOU tell him what Teck had
told you or not? Yes sir, | did, that is,
/ told him in substance. | did not go
into detail. I went to the office and
telephoned Mr.. Heflin's residence and l
don't know whether Mrs. Heflin told me
he had gone with the coroner's jury or
not, but ! know | didn't get him and /
came back and teephoned to George
Bodeker met him, and BedelSer said,
"I understand Teck Duncan wants to see
me- and / said. "Yes, he wants to make
a confession and | went over TO the
jail and I told them to let Teck Duncan
come upstairs with Mr.. BodeSer ! did
not so up with them at all.
@. What did you tell Bodeker Teck told
you A. Not at that time. Duncan said
he would not confess to anyone except
Heflin
@. What did YOU do after that for the
purpose of getting the confession made ?
A. waited Is or 20 minutes and Mr..
Heflin didn't come and then / went to
the Taxicab company and found that mr.
Heflin had returned from Lewisburg. |
found him at the Metropolitan cafe and
told him 1 wanted him, that Teck Dun
can wanted to make a confession.
@. Did you tell him the same thing
YOU previously told Mr. Bodeker and Mr..
winston and me and Mr.. McAdory? A. /
did, yes, sir.
Iemployed by the sheriff or did he re-
iceive any pay from the sheriffs Of
flce. A. No. he did not.
O. | want you to tell the court about
this Jones rifle there, what you know
about that. A. When Arthur Jones
was arrested they brought in two
rifles, one a Springfield rifle as used
by the military companies and the other
Ia Winchester. a few days after came
lin the office Henry Cole and said,
"Well. things are getting pretty rough
cut at Arcadia, and | haven't anything
Ibut my pistol That Jones rifle is a
I little short rifle and will lay in the
bottom of my buggy and if you have
no objections, | would like to take ii
ont there and IL you want it as evil
iCence. | will bring it in" and | said,
"Alright, Henry there it is behind the
safe"
O. How long was that before Ellard
was killed? A. Two or three weeks
before Ellard was killed.
O Did you know at that time that
rifle was going to be used by Henry
cole or Duncan, If it was used by them,
for the purpose of killing Ellard or
Ianybody else? A. No
.. Were you summoned before the
Icoroner's jury Il day or two after that?
A. y was.
@. We're you interrogated by both Mr..
Heflin and myself there? Yes.
O. Did you make statement there
4. | did.
LAS witness before the grand jury
A. l was.
@. Did you testify there? A. Yes,
sir.
Q. After this confessionss A. Yes. sir.
q. Were you subpoenaed and did YOU
, testify in reference to the same matter
and the same amount before the jury
which convicted Duncan? A. Yes.
@. Mr. Metcalfe, have you ever in any
way shape, manner form or fashion at
tempted to suppress any information that
directed guilt towards Duncan or Henry
Cole either one? A. / have not.
O. Have YOU ever tried to conceal or
aid in concealnent or assist or ale i'm