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

Q.--was Gurley there at breakfast?
A.-Yes sir.
Q.-Dfd you leave Immediately after
breakfast? A.--Yes. sir.
| Odd you have any gun with you
then? Al had a 45 Colts.
| o. mean large gun? A.-No, SIR
just that Colts gun.
| Q.--Where did you get that FROM
A.-cole gave me that.
Loaned it to Him
Q.--When did lie give II to you2
I A.-About month before, or he
loaned 1t to me and said it was mine
when | killed old man Ellard He said
tyou can just have that gun; III give
it to you when you kill old man Ell
lard.
Q.-You left his house after break
fast, and where did yoS go then? A
Across the creek and went over on the
mountain where l had my guns hid
Iout, and then | went up to Felix FL
lard's house and seen him around
there doing around like he was go
| Ing to town.
! Gould he see ~ou? A.--No, sir,
and l Just went on around the fenee
land got on the side OF the road and
when old man l5l.ard and his wife
come along together | wouldn't shoot
him. but / had a good chance.
o.-After you 'efs his house, what
IdfG you do then? Al went around
and got on his trail.
e.--You wasn't there then at the
place where you actually did kill him?
A.--No, sir: L wasn't in two miles of
| IL then. l was between quarter and
a half mile of his house that morn
Ing waiting for him
Q.--You say the reason you didn't
kill him then was because his wife
| W i,1,c A 80 ei
Q.-Were you afraid Of killing her?
Assure, | didn't want to hit her.
Q.--Were you afraid you would miss
him and kill her? fA.-No, sir; l just
had more respect for her.
Q.-After they passed on what did
lyou do? Al turned then and Went
back and left my gun by the side
of big stump.
| Q.---Where was that? Ain a half
mile of his house. And I set my gun
down by a big stump and went over
to the old Dee mine after my whisky
about a mile and quarter from there.
| Q.-What time of day was that? A.
That was about or 10 o'clock
Q.-on Monday, March 1S?. Ayes,
sir.
| Q.-And it was about s or g. o'clock
when old man Ellard passed along the
lroad there? A.--No, sir; ii wasn't that
\ late Yes, sir, it was, too; it was about
8 or when he passed along there.
Q.-And then you left your gun
there and went over to the old Dee
nine? Ayes, sir; and got my
whisky.
who did you get that whisky
from? Alt was some that had
hid out there on Saturday night
| Q.-That was about a mile and a
lhalf from there? A.-Yes, sir.
Q.-Did you see anybody over there
IA.--Yes, sir. ] seen several men there
passing and l came right back down
the railroad track and struck the
woods again and got my guns and
went on over to this place.
Q.-What time was it when you got
back from Dee mines to where your
guns were? A.-About 10 or II o'clock
Saw Men Cutting Wood
Q.-What did you do then? A,
went up to this place through the
woods and there wasn't soul seen
me except these two men right above
the old shaft there of the Mary Lee
mines. Two men We're cutting wood
lbut l don't believe they seen me-
Q.--Who We're they? Al don't
know, Mr.. Heflin.
Q.-How close were you to them?
Al was about 200 yards from them
Q.-Was that as you went back from
Dee mines? Ayes, sir. l had my
guns with me then and | Was going
to the place where killed old man
Ellard
Q.-You say Henry Cole picked out
this place? A--fcs, sir.
| Q..-When you got there about what
time was 1t? A.-Something near il
loclock
Q.-Then what lio you do? Al sit
jdown and eat a lunch.
Q.-Did you eat 1T on tllat treetop
a. es, sir; and | Wadded the paper
up and put it in my pocket.
Q.-Did you go off anywhere else,
Ior stay there? About o'clock |
went down and got me a drink of
water and come back and sit down
there, and / got miserably tired of
sitting there and l had Just got up
fixing to leave and | thought / would
go and pick me out place where
he was coming that night and 1 got
out of the. treetop and looked up the
road and saw him coming. and l seen
there wasn't nobody in the buggy with
him and 1 made a dash for the big
road and I got within eight feet of
the road. Now, that's just like it was,
Mr.. Heflin, as near as can tell il.
s.
After the Shooting
Q.-Now, after you shot old man Ell
Hard, where did you go? Tell the truth
about 1t, 9Teck. Al sure will; 1 tell
lyou there wasn't d single dog goncd
soul seen me after I killed him until
IL got back to Arcadia. l went back
down by the pump house and crossed
the creek and went over and got on
the railroad, and seen | was 20
ling to meet some section hands and
/ got off the railroad and got be-
lhinde tree. and l heard one Of tho
Is action men say dog -goned he ain
henina that tree. Then l. went back
10 Dee mines and got me some murc
lwiisky t,d drank 7. and til III went Or
down to Bill Farlcy's and l remained
there until my whisky died in me.
1 Q.--That was as you were going
away from the killing? A.-Yes, sir.
Q.--What time was that? A-Thai
Twas along in tho evening and then
lust about dark l reckon, between
Isundown, then / got up off tho bed
land went and got some more whisky
and got me another pistol there, q
IS2.20 pistol,f and
Q.--Whose pistol was that? AT
belonged to Cole; he took it off of a
lnigger over there at Eidorado.
Q.-Was Cole there then? A.-No
sir. went in the room and went to
the washstand and got me good
Idrink of whisky.