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

on the ground and l carried the other
one about % yards sort of a south
course from there
(Which one did you leave under
the pine log? A.-The pump shotgun,
and the rifle was the last one | hid
Q.-Where did YOU hide 1t? A.-un-
der an oak log about so yards aaprt.
Q.-What direction was that from
ehat treetop? Alt was a southwest
course.
Q.-About 200 yards from where the
Killing occurred2 Alt might be 300
Yards, but I hid the gun under that
o.-was that kind Of out toward
the ciIurch2 A.-No, sir, toward the
creek
o.-Do you know whether anybody
| mas ever found those guns? A.--Cole
come to the Jail and told me he hadn't
| found them; he sasd that he went
there aud hunted until he wore him
SELF out and couldn't find them, but
could go right there and get them
II L was there.
Q.-How long after the killing was
It before Cole asked you about the
guns? A.-Somewhere about week;
he wanted to know what | had done
with them and he was pretty much
worried over them. He kept asking
me about the guns and 1 told them to
|
and get them.
| Q.-Did you run when lou left tne
place of the killing? A.--No, sir. |
didn't run step, but of course
walked fast.
Q.-Did you go in the direction
where you put these guns? A-Yes,
Q.-Did anybody come in sight be-
iore you got away from that place?
| A. Si nd
there wasn't anybody seen me that
day unless 1t was those two men.
| Q.--And you say 1t happened about
o'clock? A.-Something near that.
Q.-Wasn't 1T later than that? A.
1t might have been; / didn't have any
watch.
Q.-Did you have any arrangement
with Cole for him to be there? A.
No, sir; not bit. Cole said if he met
him he would kill him and if l met him
was to kill him.
Q.--Was that the agreement be-
tween you and him? A.--Yes, sir, and
they had done killed Cole If it hadn't
Ibeen for me. I kept Cole posted.
/ Q.-Coles own statement puts him
up there right close to old man Ell
Hard Before he was dead. A.-After ]
Igot back to Arcadia that evening they
| told me that heard after / got back
there that Cole had gone to town that
levening.
Odd you ever see Cole that day.
lA.-No, sir.
Odd you see Gurley Burgin Sunday
night? Ayes, sir; | eat supper there.
Odd anyone know anything about
old man Ellard was to be killed? A.--No
sir; not that I know Of Cole was very
particular about keeping the doors shut
when we were talking.
About Third Man There
4 Q.--But Cole was back there in his bug
/ gy and was driving right towards Area
dia from Lewisburg; he says this himself
| and he says that he met Lyerly, who was
going towards Lewisburg after the doctor
| so that would make Cole, if he hadn't
turned around and come back, as he
says, to Lewisburg. he would have been
about the third man to have gotten there
Al don't know about him.
/ Off he was over there you didn't
know anything about It? A.-No, sir.
Q.-Lyerly didn't meet him on the road;
! SO he wasn't on the road; but as Lyerly
starts down the road he comes back be-
hind Lyerly. Aft he was out there l
didn't see him.
Odd you all have any understand
| ing about signals? A.--No, sir.
Q.-Do you know anything about a note
that was left under a rock for you?
! Helm.
Q Did you have a shuck or piece of
paper on ''-nb. you or Cole either one.
as a signal f,llard was going home
in any dire ? A.-No. sir.
Q.-How about your going over to Dee
Mines when those fellows claimed that
you were there? A.-That's fact.
| Q.-Lyerly says he saw you there?
Ayes, sir; l saw him there; they every
one swore the truth.
Q.-What time of day was it? A.--About
| 12 o'clock; I didn't have any time piece.
and I was about half drunk, and l was
| scared to death, too.
Q.-Were you scared, Te Ayes,
| sir; l sure was, and you can imagine
| what i went through out there. with
all those fellows after me; but I sure
would have given it to them if 1 had seen
them after I got out of that tree top;
/ when 1 got out of there 1 aimed to scat
| ter them that night, and then ] looked
| up the road and saw old man Ellard COM
ing down the road, and / cut down to
| the road as quick as / could and | was
within eight feet of him when shot him.
| Q.-Was his horse trotting? A.--Yes,
| sir.
Odd he stop before you shot him ?
Ayes, sir; and I says, well you are
! going to kill me; and he says, yes, - -
your soul, am; l expect to kill you.
| Q.-Are you telling the truth about that,
| Teck? Ayes, sir. before God, [ am
telling it just like it was and ! am not
| putting anybody in only those that are
absolutely connected with it; I wanted to
| tell ii before.
Had Run From Him
Q.-1 thought EIlard would have been
afraid to talk to you that way and you
with the gum Allie didn't think had
the nerve to do it. because had run from
him so much, and he didn't think would
shoot him. / run from him down at Ar
eadia that Sunday evening, and he made
me run two or three times, and he
thought old Dune would run again, but
I didn't.
Q.-Did you have lust one gun in
your hand when you shot him? A.-Yes,
sir; the other one was laying up there
by the blind; | had both guns up there
by the blind, and ] was fixing to buckle
the rifle around me with piece of leath-
er when L seen old man Ellard coming,