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

9. Where did you see him? A. l say
him about l o'clock at the mouth Of
the alley at Twenty-first stret.
O. Who was With you then? A. Mr
Burr and Mr.. Friedman and Mr.. Nc
Queen, and 1 think my car had about
half the jury and Mr.. Burr; and they
had the other half in the car with Mr..
Heflin.
@. Did Mr.. Metcalfe make any state
ment to you then about Duncan? A. lie
talked about it, but he first asked
where Heflin was and we told him he
was in the other car.
Q. Did he say what he wanted with
him? A. He said Teck Duncan had
made a partial confession to him and
lie wanted Mr.. Hef1in to make full
confession. He would not talk to any
body but to Mr.. Heflin.
O. What happened when Mr. Heflin
came? A. My recollection is that Chief
BcdelSer told him that TeclS wanted to
make confession and 1 suggested to
Mr.. Heflin that he take Teck in the
condemned cell, and he stayed in there
a few minutes and came out and then
TeclS said. II didn't tell him a d
thing" and started on down the steps
O. Then what did Mr.. Heflin say? A.
| viii not be positive, but | UNDER
stood him to say he would not tell him
anything, unless he was promised
something and that he could not do it.
Went Out of Jail Together
@. What orders did you get from
Mr. Burr that afternoon in reference
TO Teck Duncan? a. We two went out
of the jail together, in my best recol-
lection, and l went over to the private
office and in about five or ten min
utes Mr.. Burr came back and said Mr.
ieflin and he had agreed 1t best to
put Teck in cell by himself until
morning.
c. Did you go to see Teck Duncan
next morning? A. I did.
| @. Had Mr.. Metcalfe been to see him
before that? A. Not that l know Of
Q. What occurred when you went to
see Teck Duncan the next morning? A..
[ carried Mr. Merriweather with me to
hear what Teck Duncan had to say. I
asked him how he was feeling, he said
he had headache, | said "Teck, have
you got anything further to say from
what you said yesterday" he said, II
never said anything yesterday" 1 said
"if you did tell Chief Bodeker about the
killing, and Mr.. Metcalfe," and he said
Il don't have sany recollection of It,.
] came out and told Mr.. Metcalfe. and
said Teclx denies having said anything
to you at all yesterday.
@. The coroner's jury were informed
about Mr.. Burrs orders about keeping
Duncan confined right after that? A.
| Yes, sir.
@. Did Henry Cole go to see him after
that time? A. Not that 1 know any,
thing about.
Q. Did you give him any authority to
see him? A. l did not.
q. Now. the conversation in the Ii
brary, do you remember when that was?
@. Now just tell what occurred. what
time of day was 1t and where did you
get Mr.. Burr? A. In the afternoon of
April g. Mr.. Bodeker and I concluded
We had too many men working on the
case We agreed to meet in the library
In conference with the solicior and Mr..
Burr and Chief Bodeker and John and
Paul Cole and Chris Hartsiield and Nc
Duff. We agreed in that conference that
John and Paul Cole for Chief Bodeker
and Hartsfield and McDuff on my part
would have charge of the case, and 1t
was agreed also in that conference that
Mr.. Burr should dictate to me what was
10 go on in the jail.
@. Not to let them in there? A. Yes
sir and on the next day after that
conversation in the library. Teck Dun
cans brother came in and wanted to
see him and I phoned to Mr. Burr and
he said-I told him what / wanted to do
that there was big crack under the
door little over half an inch. ! guess
and I told him I wanted to go over
there and see if ] could lay down under
that door and put his brother in there
and see If I could hear anything, and so
Duncan's brother went over there and
Paul Cole and l laid down at the door
for over half an hour listening.
CorOner's Jury
@ BY Mr.. Burr: To get the date
straight, Mr.. McAdory, do you remember
the date of the Ellard killing? a. The
1sth of March.
O. When was the coroner's jury or
ganized? A. The following Saturday
after Governor ONeal was here on Fri
day.
O. When did they adjourn? A. To
meet Tuesday morning.
O. Is that the morning you went out >
A. Yes
O. And Duncan made the confession to
Mr.. Metcalfe? A. Yes.
@. That was Tuesday March 26th,
wasn't it? A. Yes, sir.
Q. On the 26th, was Henry Burford
put with Duncan? A. / don't remem-
Der whether Henry Burford somebody
was put with him that afternoon and the
next day he was put by himself.
O. And Sickle was working the dicta-
graph? Yes.
@. And that was followed up along
about that time with John Wade? A.
John Wade was arrested on the 9th and
put in there on the next day
g. The detective was with him two or
three days? A. Yes. sir, Howard
@. Didn't you have someone arrested
for the express purpose of being put In
there with Duncan? A. Houston Suli-
van.
@. Who was Houston Sullivan? A.
He was a man that ran around with
Duncan and Cole getting up evidence in
the Lewisburg cases.
! O. DO YOU remember after Arthur
Jones and Walter made their confession
that one of them stated that they
thought they could get Duncan to talk If
they were put with him? A. Yes.
@. Which one was that? A. Arthur
O. Now, with the exception of the
interval of three or four days tnat | was
working with this dictagraph, after that
time were any, of those officers denied ac-
cess to him? A. No. &sr.
q. Were you present the morning
were you present Tuesday morning out
there when Duncan came in2 A. I was
present with Mr.. Metcafe on the back
porch,
@. Did You hear a conversation be-
tween Metcalfe and Duncan? A. / did.
@. Tell the court what was said.
A. saw TeclS Duncan and George
Abney was coming up the alley from
Twenty First street. and they got right
at the corner of the fence where that
tree is and Mr.. Metcalfe hollered to
Teck and said, "Teck, what did you
ki' old man Ellard for?' and he said. II
disu't ill him, but l am not a bit sor-
se.@ Mr. Metcalfe spoke to him and
said, ~ will have to prove where you
4. ..5sft .fnSsercavn and ha said ura q ON