The Birmingham age-herald., 1921-05-04
Cross Examination of Main Witness to Commence This Morning-Sensational Tes- timony Brought Out By De- fense In the Trial of Charlie MiIligan

| gan yeSleEudy dlCeIHOOIl. IlSdIllS VI this case was started last Thursday before Judge William E. Fort and a jury in the criminal division of the circuit court.
 According to the testimony of
 Neville, the shot that killed John
 Bivens was fired by Dave Lattimer.
 The witness told the jury that Mil ligan and Lattimer came by his house about II o'clock and went with him i in his wagon to the speaking at Log town While at his house. the witness stated, Lattimer borrowed a pistol ! from Jim Neville his brother, who 1 said he wanted to sell the gun. Lat timer. the witness told the jury, had told Jim Neville that he could proba- 1 bly sell it at the meeting for him and | asked how much he wanted for It.. l The pistol was in scabbard when his brother gave it to Lattimer, accord ing to the witness, and he also gave | him handful of cartridges.
 RELOADED PISTOL ! On the way to the meeting Lattimer saw a rabbit and Milligan said, Give me the pistol and I will kill it." and ,I he shot at it several times, the wit ness stated. After Milligan handed the 1 pistol back, Lattimer reloaded it and put it in his right coat pocket. Lloyd Little did not return from the meet ing at Logtown in his wagon, Neville l stated and he admitted that he met a | lumber wagon on which four men were 1 riding, but did not stop and talk to them. They did stop and talk to Mark Mason and his son for a few minutes, i the witness testified.
 "As we neared the railroad
 crossing, saw two men coming,
 and one of them said, Us that you
 Wilir' said Neville. q told him it was and asked, Us that you
 JOhnr Bivens replied that it was
 and asked where we had been.
 told him we had been to the union meeting, and Bivens snid, 'Oh,
 Hell I thought you had been some I where.' At that point Lattimer
 cursed and said we have been
 somewhere, and Bivens said,
 don't like man to talk to me that
 way,' .at which Lattimer, who was standing on the ground, pulled the
 gun and fired twice. Bivens
 turned and started to run, and tried to stop Lattimer, but he fol-
 lowed Bivens and they both got
 out of my sight.
 BELIEVE I GOT HIM"
 "In a short time Lattimer came back and said, I believe l got him. let's load up and go.' l drove off, but I didn't whip the horse nor did anyone else until we got to a branch and the horse started to drink, and Lattimer. who was sitting in a chair in back of the seat. picked up the whip and started whipping the animal. He Iattimer) kept saying, Let's get away from here'"
 Neville testified that he stopped at Little's house on the way home to see about some shoes for his wife. While there, he stated, nothing was said about the shooting, but tha- Lat timer kept urging him to hurry and go. Milligan had gotten out of the wagon and taken short cut to the home of the witness. according to Neville, and was leaning up a.gains. the garden fence when he drove up to the barn.
 HARD FEELINGS EXIST
 When asked if there was any hard feeling between him and Little, the witness stated, that there was and that neither Little nor his wife speak to Mrs. Neville
 When he got out of the wagon,
 the witness told the jury that Lat
 timer called him aside md gave
 him the pistol, asking him to give
 
 testified that Lattimer told him If
 he told anything, he would go just
 like Bivens did
 That night the witness stated he told his wife about the shooting and that he was going to see Milligan the next morning and they would come to Birmingham and report 1t to Capt. Frank s. White attorney for the union miners. However he testified that he was arrested about 2 o'clock the next ! morning and was brought in on the tram and placed in the Jefferson coun- ty jail. The witness testified they put him in the hospital ward but he dldht Know what they did with the others.
 On examination he said he had asked one of the wardens to call Frank White for him. but had been told he was not allowed to see anyone until aIter the coroners investigation. NeNille stated that he did not see an as.orhey uhrii Wednesday or Thursday afternoon after the shooting when he saw MT. Altman.
 CROSS-EXAMINATION
 He was taken to some room in the courthouse he said and was asked to make statement which he declined to do. When asked if any effort was made to force him to talk he stated that there was not, but that he was told that Mill iigan had already turned states evidence. C. F. Beddow, special assistant attorney general, who is conducting the prosecu- tion, had just started to cross examine the witness when court adjourned This Will be continued this morning.
 w. A. Early, prisoner in the county jail, where he is serving a sentence for illicit distilling, was placed on the stand by the defense yesterday afternoon He testified that the morning Lattimer was placed in the county jail he met him at the bottom of the stairs and said, What have they got you in here for, Dad?'' To this he said Lattimer replied, "For killing damn scab. To that Early re- piled, ''The hell you say''
 WERE CELL MATES
 According to his testimony he and Lat timer were cellmates and he was reading an account of the killing which appeared in the paper to Lattimer. When he reached the place in the story where it was alleged that Milligan fired and two other men pulled guns and started firing. ! Lattmer said, That is a damn lie Neither Miligan nor Neville fired shot, '' the witness testified. Lattimer told him that he was in a lot of trouble and didn't know how he was going to get out of It.
 Early stated he had asked him if he thought Milligan and Neville could be trusted. Both had promised to keep their mouths shut. but he didn't know whether