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

now, that afternoon. and remarked that
uidnt want any damage suits and L
wanted 10 be sure we had evidence be-
lore we arrested him. Mr.. Coker did sue
ana got judgment and | had to pay It
y, How many we're arrested? A. Six,
think on this particular charge
q. Did you go to Jail at any time after
duncan was convicted or before he was
convicted for that matter and Duncan
tel you In substance that he was going
70 put fire under you. or threatened you
IL you didn't pay the lawyer? A. No,
never did talk with Duncan unless some
body was present.
u Did Duncan ever make a confess
sion to YOU duplicating MIR. Metcalfe? A.
NO, he never discussed it.
.. Did he ever implicate him in any
FORM or fashion to you about the killing? :?
A. over there in the Jail one day | said
something to him about Metcalfe two or
three were standing around, and he said,
on, da-- Metcalfe, lie swore against me
and got me in this hole"
q That is the only time you ever
heard him say anything? A. Yes |
never discussed it with him.
g. What had Ellard done about an
impeachment petition? When was that
and what happened? Was there any trou-
bic between you and Ellard? A. No,
none at all. Mr.. Ellard presented a petit
tion to the governor on Thursday before
he was killed on Monday asking him to
break up a blind tiger out at the Lewis
burg Drug company.
O. Did you ever have any feeling
against Ellard A. No.
Q. Did Metcalfe or the sherff's office
have any trouble with him? A. No.
c. Did the sheriff's office or you or Mr..
Metcalfe have any cause to have any
desire to have Ellard killed? A. No,
never heard of it.
@. Did YOU directly or indirectly have
anything to do with the employment of
Duncans lawyer? A. No.
O. Howard, Bowman and Weaver? A.
NO, | never saw Mr.. Howard in my life
until 10 days after Duncan was ar
rested.
Q. Did you so back over there to see
Duncan after Colonel Howard had been
to you and stated that Duncan wanted
to see you? And he told you to get him
some money? A. 1 never saw Duncan
at all after Ellard was killed but one
time, and that was the morning L went
over there after he made. his confession.
never saw him to talk with his with
anybody or without anybody else until
long after he was convicted
@. Was Duncan employed by you?
A No.
@. Did you pay him anything? A. No.
@. Did you ever pay him anything
A. No, and the only conversation l ever
had with him in my life before Ellard
was killed was the day he came in and
told me about John Hollands bones.
Q. Was he a deputy sheriff? A. No.
@. The coroners jury had you before
them and explained to you about having
Henry Cole serve subpoenas? A. The
coroner's jury sent for. me and you said,
.Mr. McAdory, there is some evidence
here that Henry Cole might be connected
with this case and we want you not to
let Henry Cole serve any more sub
poenas for the coroner's jury
@. Do you remember when that was
A. No, I don't remember the date.
Q. They jumped on you also, didn't
they, after Cole-about Duncan having
been allowed to see Cole or Cole allowed
to see Duncan? A. / don't remember
anything about that before the coroner's S
jury.
@. Was that brought up before the cor
oner's jury? A. No, the only time they
sent for me was that one time.
@. Did you furnish Duncan ANY money
or anything of that kind while he was
over there? A. No.
@. Did you treat him any differently
than any other prisoner? A. No.
Q[Did Mr. Metcalfe have charge of the
Jail during this time or not? A. Only
under my instructions.
@. Who suggested that Hartsfield and
McDuff be put on this case? A. Metcalfe.
@. Has Metcalfe in your knowledge in
any manner, shape or fashion ever aided
or assisted Duncan or shielded him or
done anything TO prevent his prosecu-
ton for this crime? A. No. On the other
hand he has said repeatedly that If he
was guilty he ought to be prosecuted,
and If Henry Cole had anything to do
with it, he ought to be prosecuted to the
fullest extent of the law, has SAID that
time and again.
Cross Examination
O. BY Mr.. Heflin: Mr.. McAdory, you
say YOU had a conversation with the gov
ernor about how this case should be con-
Quoted, the investigation of the killing
of old man Ellard? A. ] said Mr. Hef-
lin, that the governor and ! went out
to Lewisburg together with Mr. Bodeker
and we came back and took dinner
@. You need not repeat everything. You
say you had conversation ABOUT II:
A. | did.
@. And he told you he had employed
Mr. Burr? A. Yes.
Q. To aid in the prosecution of the
murder of old man Ellard? A. He did.
@. You say that YOU took your instruc-
tions from Mr.. Burr all the time? a.
did.
@. 1t is a fact that MIR. Burr and my
self and YOU and Bodeker and Paul Cole
and John Cole and McDuff and Harts-
field were in the library at the time You
agreed that these four men should have
complete control of the investigation?
A. Yes.
@ Didn't we all agree there together
that we would let them handle the case
as to getting up the testimony and Ter
reting out the evidence in any manner
they saw fit? A, My recollection is Mr.
Burr said he wanted day or two before
that should be put into effect
O. That is your best recollection? A.
Yes.
@. Did you put it into effect immedi-
@. You did not? A. What do yon
mean?
@. You say that Mr.. Burr reserved
two or three days before it should go
into effect? A. That.is my recollection
OF what took place in the CONVERSE
tion between us.
Q. Did YOU put it into effect imme-
diately; that is, turn over the jail 70
them or give thine free access imino-
days? A. Held them off at Mr. Burr's
suggestion.
O. Is it not a fact you let Chris
Hartsfield go in there that very aft
ernoon? A. No. not to my knowledge.
O. You do not deny that Chris
Hartsfield was permitted to go in there
that very afternoon? A. / didn't let
him in there.
Q. You don't deny that he was In
there? A. I can't say.
O. At the conference which we had
IN IfHrarv which I haVa inst