The Birmingham age-herald., 1921-04-30
GRUESOME DETAILS .OF KILLING OF JOHN
 B|VENS TESTIFIED
 TOBY EYEWITNESSES
Witnesses Subjected to Chilling Cross-Examination By At- torneys for the Defense. Widow of Murdered
 Man and Wife of Ac-
 cused Attend Trial

Lloyd Little and Henry Wickware, alleged eye-witnesses to the staying of John Bivens, coal miner, near Quin- town, several weeks ago, for which Charlie Milligan is being tried for his life in the criminal division of the circuit court before Judge Will liam E. Fort were put through q grill ing cross-examination yesterday aft ernoon.
 Cross-e -ex animation of Little had not been concluded when court adjourned at $40 o'clock, although the witness had been on the stand about two hours. He will again take the stand when court convenes this morninf at 9:S0 o'clock.
 According to his testimony he was in the wagon with Dave Lattimer, Will liam Neville and Charlie Milligsn at the time of the killing, the men be- ing on their way home from union meeting at Maxine.
 Under the guidance of c. F.
 BeddOw, special attorney fin charge
 of the prosecution, Little traced the
 movements of the quartet from tho
 time he Joined it on the way to the
 meeting until it separated, each
 man returning to his home. The
 other three were arrested between
 midnight and daybreak.
 John Altman and Jake Taylor, attor- neys for the defense, entered objections to practically every question that was asked the witness, contesting every link in the chain of evidence the state was seeking to cast ~round tho de- fendant.
 CALLED TO BIVENS
 As the wagon approached the cross ing where the dirt road crosses the railroad track the witness stated he saw two men coming down the rail- road. As the men neared the crossing the witness stated Neville stopped the wagon and called out to Bivens: "Is that you, John?" Bevins replied that it was. At this point Miliigan got out of the wagon, according to the witness, and said to Bivens: Aren't you ashamed to be doing what you are doing?" to which he said Bivens re- plined "How's that?' Little then told the jury that Milligan said: Why, after people made up money to bury your child you go back to work" To this Bivens replied, according to the witness: Do you know what you are talking about?" Little then testified | give me any sass I'll beat he'll out of you"
 The witness told the jury that at
 this point MiIligan pulled a pistol
 out of his right coat pocket and
 fired shot at Bivens, who
 turned and started to run. MiIligan
 {. followed him slowly, the witness
 said, and Neville went after MIIl-
 gan. Several shots were
 heard, the witness stated, and In
 short time Milligan came back to
 the wagon where he and Lattimer
 were sitting and told them to come
 and go with him, as Neville
 was going to get that man. Later
 another shot was fired, after which
 the witness testified Milligan md
 Neville came and got in the wagon
 and they started off, Lattimer driv-
 ing.
 HAD PISTOL IN HAND
 lie testified that after he got home that night Lattimer and Neville came to his house and about 20 minutes later Milligan came and knocked on the door Little stated he opened the door and Milligan stepped inside and he had a pistol in his hand. According to the testimony of the witness Milligan told , him that as far as the crime was con cerned he was not in it. but if he 7 told on them i've will frame up on 1d~G as the other fellow At this point the witness stated Mrs. Little, who was standing near, wanted to know what he had done and that Milligan raising the pistol and pointing it at the witness and his wife, who were standing close together, and told her she didn't need to know anything and she had better keep her mouth out of it.
 r CROSS-EXAM q On cross examination he admitted that various phases of the case had been discussed by he and Lattimer when they were at Clairmont Springs e where they were taken following their release from jail He stated MT. Smith took them there but he didn't know out r of whose office MT. Smith worked l when Mir. Altman asked him if it = wasn't Marshal Smith, deputy working n out of MT. Tate's office d He testified that he had not seen Ne. vile with a gun, but when asked if he I had not testified at the coroner's inves. l, tigation that he had seen Neville with q a gun he stated he did not remember ii h if he had.
 | Or cross-examination he admitted deny : ing on several occasions that he knew anything about the staying of Bivens . and it was not until Tuesday morning !. afterwards that he went to John Alex. d arder. father of William Alexander deputy sheriff who arrested the men, ant | told him he was in the wagon, the wit 7. ness stated
 Q At this point court adjourned until thi' II lmorning.
 NIGHTMARE TESTIFIES 'i Immediately after noon Henry Wick r ware who is alleged to have been witt ' Bivens at the time he was killed wal {. placed on the stand. He testified that h, II was a coal loader and worked at Wes IL Pratt According to his testimony h. l. had met Bivene at Quintown and hat n started home atcgether. Bivens had [. bucket of lard some eggs and bread n he stated, and he had two loaves O - bread under his arm. His testimon, as to meeting the wagon with three me, int it and the conversation which tool place corroborated that of Little.
 He stated he didn't know the man wh r did the shooting, but it was a bigge | and heavier man than Lattimer. Afte the road crying, "Oh. Lord" Efforts of the state to introduce J letter alleged to have threatened tn | life of Wickware and which was pur ' ported to have been received by hin e were overruled by the court after the wit = ness testified on the stand that he hadn' e received any threats.
 l. .LATTIMER ON STAND # Lattimer was on the stand for nearl, Il four hours and was put through the mos r grilling testimony.
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