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

tions. 7 never did talk 10 you about
the case.
@. You never did? A. No.
Q. Didn't you just state few min
utes ago that you stopped these men
from going in there? A. did not.
Instructions From Burr
@. You did keep them away from
Teck Duncan for several days? a. The
next morning they said something
about going in there and l told them
that they would have to get instruc-
tons from you or Mr.. Burr.
Q. Didn't they tell you l had given
them instructions? A. [ don't think
they did. If they had come and told
me that you had given them instruc-
tons would have let them gone in.
Q. You furnished Henry Cole up
there to serve subpoenas to the cor
oner's jury? A. up to the time the cor
oner's jury requested it be not done.
Q. Didn't YOU after the coroner's jury
sent for YOU and gave you instruc-
tions not to put any more subpoenas III
Henry Coles hands, take subpoenas
out of Paul Coles hand after to whom
they had been turned over for serv-
ice and give them to Henry Cole? A. !
did not.
G. Didn't you give them to Henry
Cole? A I did not
! @. Is it not a fact they were never
summoned and the coroner's jury had
to issue new summons and put them
In Paul Coles hands the next day? A.
never heard of it. John Potts served
them.
G. You said awhile ago you never
conferred with me about the case at
all? \. Yes.
Q. You conferred with Mr.. Burr? A.
Yes sir.
nd
him? A. Mr. Burr came to my office
time and again.
Q. You took your orders from him
because the governor employed him? A.
was so instructed by the governor.
O. Did he tell you that Mr.. Burr was
in charge of the case? a. He did.
e. Mr. Burr was relieved from prose-
cutting these two cases, wasn't he? A.
cannot tell you.
Q. viii ask you this question: Mr..
Burr did not prosecute Teck Duncan
and Henry. Cole. did he? A. At the
trial he did not
O. Mr.. Burr prosecuted in that cor
oner's Investigations A. He did.
O. You furnished Henry Cole there
to serve papers for that coroner's
jury? A. l did up to that time in his
territory.
The court.
Q. Did you tell the court that your
only reason for not letting those four
men delegated to work on this case see
Duncan was because Mr.. Burr gave you
instructionus not to allow them in there ?
| a. Not to go inside the jail
Q. Yes. A. I was following his in
structions and did do it.
Henry Cole as Deputy
@. Henry Cole was one of your depu-
ties wasn't he? A. Yes, he was.
| @. Who paid him his salary? The
Pratt Consolidated Coal company.
O. After he was indicted, didn't you
continue to keep him as a deputy A.
After he was indicted, he was in Jail
Q. You put him back out there after
he made bonds? A. Yes, | put him back
out there in August yes
.. And you kept him as a deputy up
to the time he died; he was your deputy
| up to the time of his death? A. No he
quit the Pratt company about the first of
| November
q. You say you treated Teclx like any
ordinary prisoner? A. / didn't have any,
thing to do with the treatment. He was
| locked up in jail like any other prisoner
| q. Is it not fact you kept him sepa-
rate from the other prisoners over in the
hospital department up to the time he
dismissed his appeal and commenced
serving his term in the penitentiary? A.
No.
@. Do you deny that? A When Henry
Cole was arrested Saturday night, you
called me up at 8 o'clock and said YOU
| wanted Henry Cole and TeelS Duncan
separated and 4 told you they had already
been; that an order had been given before
that an hour before the order was given
9. | asked you il you didn't keep Teck
Duncan away from everybody after his
conviction up to the time he went away
from here? A. No.
Q. Dismissed his appeal? A. No. Henry
! Cole was over the warden's Office and
Teck Duncan, John Wade and Houston
Sullivan, four at one time locked up In
the same cell with him in the hospital
They were there practically all the time
| Henry Cole was in the Jail.
.. You say Henry Cole was in there
with him? A. No.
/ q. Didn't you state that? A. No
q, Is 1t not fact YOU would not al
low Teck Duncan at ony time to mix
and mingle with the other prisoners af-
ter he first said he would make a con-
fcssion? A. Teck Duncan was locked
up in the hospital as / told you.
/ q. Kept from every other prisoner?
A. No. He was not put back in the
main corridor of the Jail; you said you
wanted them kept separate and they were
kept separate.
Q. Is 1t not fact that at this meeting
| we had in which you and Burr and myself
aud BodelSer and John and Paul Cole and
| I1artsfield and McDuff were present
/ didn't we agree then and there that Teck
/ Duncan should be put back in the Jail ?
| A. No, we did not.
i @. By Mr.. Burr: What is your name
please? A. Walter Metcalfe
c.. How long have you lived in Bir-
mingham? A. Since 1883.
/ Q. How long have you been connected
with the sheriff's Office? A. Since Mr.
McAdorys term.
@. What business were you engaged in
prior to that time? A. Prior to that time
was in the livery business and prior to
that | was II years with the Moore &
Handley Hardware company.
Q. DO you know Teck Duncan? A. Yes
q. How long have you known Tecl,
Duncan? A. ] met him on the day that
Walter Jones was put in Jail, l think ii
was on the 10Th of February
Q. Prior to that time had you ever met
him anywhere? A. l never met him in
my life that | know Of
Q. After that time was your acquaint-
ance with him limited or casual? A.
! Casual
@. Mr.. Metcalfe, did you have any
1 knowledgeSSor intimaton that Felix Ell
i lard was going 10 be killed before he
| was Killed? a. l did not.
G. Had TeclS Duncan or anyone else in
timated to YOU that they intended killing
Felix Ellard? A. They did not.
Q. I will ask you to state whether or
not about two weeks before Felix Ellard
was killed you walked up to Henry Cole
and Teck Duncan standing out in the
main Corridor between the two offices
and opened up conversation by saving
TO them or Teck rather, 'Why don't YOU
and Henry kill tho - - - - % A