The Birmingham age-herald., 1913-04-19

in the morning., and Charlie had done
told me what he would take the case
for, and the next morning about 10 o'clock
between and 10 o'cloel-he came up and
unlocked the door and said, Somebody
wants to see YOU in the conversation
room," and / went on down there and
Mr.. Metcalfe was on the back porch, and
| said, Would it be all right to talk
to him."
O. Who? A. The man in the conversa-
tion room, and he said, YES he is your
friend, go in there now, that is your at
torney," and I went in there and Mr..
Howard was in there. l don't see him in
the court room now; he was sitting in
there. and he got up and introduced him
self to me and said--
O. Don't tell what passed between you
and your lawyer. A. He said
Mr.. Gibson: We don't object to 1t.
Mr.. White: Anything that was said in
Mr.. Metcalfe's presence, tell that
Mr.. Gibson: We want the whole story.
The Court That is privileged, guess.
@. Go ahead A. Tell it?
| Q. No? A. All right.
@. Don't state what you and Mr. How
ard said. A. Well, he told me. said, Il
am going to defend you now He got
Howard and Weaver and Bowman, p.
G. Bowman would help
Detective in Jail
| @. Don't tell what Mr.. Howard said A
| am not He went ahead and after |
got done talking to my lawyer and got
back in Jail pretty we'll satisfied. wasn't
any too well satisfied either but it rocked
along that way for up until [ had a trial,
up until / had trial. and Mr.. Met
calfe there, .he would tell me-he told
me that little fellow by the name of
| Howell / think it was, one of Burns
men, he came over there and got in the
| Jail and claimed he had broken leg,
that they caught him robbing a car, but
I knowed all about him
| Q. Don't tell that; tell what Mr.. Met
calfe said. A. He said I'VE have got
detective over here in jail. In a day or
| two he will be put with you; / will
| notify you,'' and I said, "All right"
| and he described him to me, and in two
or three days in came the little detec-
tive, and ] was loaded up for him, and
he never got nothing l would not talk
to him about nothing, and he didn't stay
but one day. He went on back away
from me, and they went ahead and tried
me, and 1 had a trial, and got my life
sentence.
@. You said something about hiding
| those guns after you shot Mr.. Ellard;
where did you say you hid them? A. In
| about a hundred and fifty yards, or
hardly SO far, would not be exact on
1t, from tho place Wnefe 4 SnOt MIN [. Z
Q. Did you hide them together or at
separate places? A. No, hid them about
80 yards apart,-and 1 told Henry Cole
where they were at, and l told Mr.. Met
calfe where they were at and they said
they went out there and turned over
every log in that country and couldn't
find thm. That is what they told me.
| 9. The next morning after you came in
here did Mr.. Metcalfe say anything TO
II h.-
where Mr.. Ellard was killed the night
before? A. Yes, sir he told me he went
out there and said that d dog ran
you, Duncan, just directly the way you
said You went. Said he ran you just the
way you said you went, and ! told him
that is just the way L went, and he said
he run southwest course towards the
creek, and he said he called him off.
Q. BY Mr.. Burr: Mr.. Metcalfe said he
called him off? A. Yes sir.
O. By Mr.. White: You said something
about-I asked you in your statement
about whether either one, Mr.. Metcalfe
or Cole gave you anything while you
were in Jail? A. Yes. sir, they gave me
money along, both of them did, all along,
not over So though was the most they
ever gave me at once, at time, but l
got plenty of something to drink and
cigars, and plenty to eat, such as I
wanted
in any way, are you? A. No, sir, not a
bit
Cross Examination
@. BY Mr.. Burr: When was it you say
that Henry Burford doped you? Gave you
the cocaine? A Two or three mornings
after l was in jail
Q. You were doped and didn't know
what had happened until you woke up
in the hospital? A. didn't know what
happened during that day.
@. In other words, If you hadn't been
doped you would not have given Mr. Met
calfe away?
The state objects.
@. Do you know of any talk you had
there while you were doped about any
thing about this killing? A. I don't re-
member, l have just got his word 1 don't
know whether said this or not.
Q. You were absolutely senseless? A. l
sure was.
O. Didn't talk to Mr.. Bodeker, the
chief of police, for an hour and half
or two hours and tell him about Is or i6
killings, and give him all the details? A.
don't remember nothing at all about it,
\ @. You woke up on the floor believe
you said? A. Yes, sir. 1 woke UP on the
floor.
@. That was how long after you got the
dope? A. During the night.
Q. You got the dope early in the morn
ing when you got your coffee for break
fast? A. No, they don't give any coffee
for breakfast
@. When did you get that? A. A little
while after breakfast, between and 10
o. clock
Q. You woke up when? A. That night
something like 10 or IL or maybe II O'Clock.
Q. You didn't know anything that hap