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

lished in The Age-Herald several weeks
ago. He detailed his movements up until
about II o'clock on the night of the kill
ing and the verbatim testimony then pro-
ceeds as follows:
Night After the Killing
Q. You stayed OUT there until IL o'clock;
what did you do? A. | went on to the
house and went to bed and slept, and
slept pretty late, the sun was up when
woke, and | got up and washed my
face and hands, and l still hadn't heard
a thing, and l went and ate breakfast
and sat down before the fire, and when
sat down before the fire, didn't stay
| there long before in came the little Farley
boy and said, Somebody has killed Mr.
Ellard. and i never let on to the Farley
folks, or nobody else. He said, Some
body has killed Mr.. Ellard,' and l said,
who told you.'' 1 missed who. He had
heard it up to the mines, and l goes on
down to DIR. Blair's and / asked DR..
Blair was it so, and he said well, l
heard it," and Dr. Blair said, Where are
you going?" and | said, Il am going to
town. and | started on to town walking
the dirt road, and when got on the
| mountain this side of Coalburg, and
George Abney overtaken me in wagon,
and 1 got in the wagon and rode to
| North Birmingham and caught a car. and
| cdiHe III 10 tile Sfellll oAliee, Sot 'iA
right there and came to the sheriff's Of
| flee, and when | got to the sheriff OF
| flee, Mr.. Metcalfe said there-the first
word he spoke, he said, What made you
kill old man Ellard?'
The court: Who said that9
Witness: Mr. Metcalfe, and | said to
him, THAT is a mighty foolish question
to ask" or something to that effect, and
| just up and told him how 1 done It,,
and told him to put me in jail.
Q. How did you tell him? A. Just like
told you, 1 told him and showed
him.
@. How did you show him? A. I showed
him and told him hoy L shot him.
Q. Where were you when you did that?
A. On that little porch.
@. Between the jail and the courthouse?
A. Yes, sir, that little porch or veranda,
and he said Don't do that way make
no signs or nothing;" said they Will
suspicion something" And of course
didn't get through showing him no more
that way. and about that time here came
Henry Cole and then he had to tell the
| story you know, and ! told 1t just like
| it was, and he. told me
Told Henry Cole About 1t
| @. Just like you told it here? A. Yes,
| sir, just like | told it here; I went ahead
and told Henry Cole just how 1t was done,
and he told me, Mr.. Metcalfe said, We'll,
don't you say nothing about it, you may
| not be arrested" Said. II will tell you
| what you do, you just go ahead and
said Come back by here, come IN the
| morning. it is a little-warm now. and
we can tell you more about it," Said,
1--WE might have to put you in jail a day
| or two, but it will not amount to moth
] ing" and so I went on out In town all
| day, taken in the shows and the next
| morning / came back over here, and |
said How is everything.
@. Who were you talking to? A. To
| Mr.. Metcalfe. and said, "How is ev-
lerything?" and he slapped me on the
shoulder and said, Everything is all
| right and pretty; don't say nothing;
| Just keep your mouth shut, and |
| thought everything was pretty, you
know. and l dropped down there to
the toilet thinking I would go out in
| town again before l went home, and
when I started out fellow by the
name of Paul Cole, I.believe--no Posey,
touched me and said, S"Consider your
self under arrest and ] looked around
at him and said, "What?" and he said,
Consider yourself under arrest and
said. What is that for?' and he
said, Carrying concealed weapons
and 1 said, THAT is all right about
IT. and he said, Il don't want your
gun to expose you." and l said. mo,
iN
cause 1 was stirred up and 1 didn't
know what and I said, mo, you don't
want mine: l don't know whether you
are an officer or not, you have got
no warrant for me- and he said. Come
and go down with me to the police
headquarters" and I said, "All right
/ will go with you,' and so | went
right on down the street with him to
police headquarters, and | still had
the gun. didn't have confidence in
them--if l had known he was an Of
ficer sure enough | would not have
dreaded him bit in the world.
@. Who was that? A. Posey, to the
best of my memory.
Gave Him His Gun
@. An officer? A. An officer. I pulled
my gun--Moseley, said Posey.
pulled my 45 Colts off and unbuckled
it and handed it to him, and I had
the 1920 and said, "If you get funny
will surprise you,' and 1 just hand
ed hims that once. but when ! found
was arrested sure enough l said
Here is another gum. and he said
"Humph, have you got another?" and
said, mo, If / had 1 would give 1t
to you," and he wanted a statement
and | gave him little old statement,
and | stayed UP here in jail about three
days, and Henry Burford gave me a
dose OF cocaine, or morphine, or some-
thing or another. and liked to have
killed me.
@. Before that had you seen Henry
Cole any more after you went in Jail?
A. oh, yes. l saw him regular.
@. In the county Jail? A. Yes. sir;
saw them regular.
@. What passed between you? A.
stayed in Jail there until about three
days and then they gave me this dose
of something, l don't know what it
was, 1t liked to have killed me.
@. How did they give 1t to you. in
what? A. In coffee.
Q. Who gave you that? A. Henry
Burford was the man that gave it
to me.
Was Over in Hospital
@. Was he in Jail? A. Yes, sir, ne
was in jail, and so after IL remem-
ber drinking the coffee and that is all
I remember, and when l came to my
self again / was over in the hospital,
was out of the big jail, and in the
hospital department. laying in the floor,
on the cement floor, and l came to
myself( and thought what in the world
does this mean, and 1 got up and got
on the bed, and the next morning the
first man that came to me the next
morning was Mr.. sMetcalfe. and he said,
do you know that you came d
do you know that you came d
nigh telling everybody of that yes
terday?" He said, You sent down for
Bodeker and went and said whole
lot 1 told him. He said you didn't tell
Bodeker nothing but I don't know
what you have told to Heflin and I