The Birmingham age-herald., 1921-04-29

way home, the witness stated he did not know Bivens. but at the crossing of the railroad and tl wagon road a man came up and Neville called him Bivens. When the man called Bivens was about 20 feet from the crossing walking on the railroad track, My Lattimer stated that Neville stopped the wagon.
 DEFENSE OBJECTS
 At that point John Altman. attorney for the defense, objected to the test- mony of the witness as he stated he intended 10 prove that Lattimer ac- cording to his own testimony, was present at the killing and was an ac- ceSsory 10 it and at the meeting where he spoke he had said he was mad enough to fight. Objections were raised on the grounds that unless the state had other witnesses to corrobo- rate the testimony of Lattimer this testimony should not be given. When assured by the state that they had other witnesses whom they would pu. on the stand and who would corrobo- rate this testimony the objections of MT. Altman were overruled by the court
 The first witness called by the
 defense wns Mrs. Charlotte Bivens,
 widow of the deceased. She testi-
 fied that she heard shots on the
 afternoon her husband was killed,
 but couldn't tell the direction from
 which they came. She said she
 heard someone cry out, %. Lordy,7
 and went towards the place where
 Biveni was killed, but she did not
 see him.
 John Altman objected to Mrs. Blyens testifying on the grounds that 
 purpose Of creati-g sympathy for the widow and sentiment against the defendant. These objections were overruled by the court.
 HEATED WORDS EXCHANGED
 Heated words were exchanged be- tween MT. Altman and Coroner J. D. RusSum, who was the second witness called, and it was necessary for order to be called several times. MT. Alt man objected to Mir Russum, testify ing as to the alleged investigation held by him on the death of Bivens, declaring it was not held according to law He stated that no coroner's jury was impanelled and the alleged in yestigation was held behind closed Goors and that the defendants attor- hey was excluded. while Solicitor Tate. c. P. Beddow and two men, named Quinn and Crook, were allowed at the investigation. This was over ruled by the court.
 Mir. Russum stated he went to
 the home of Bivens, where he ex-
 anined the body of the dead man.
 There were four wounds in Bivens'
 body, according to- the witness, one
 in the left shoulder, two in hack,
 one under the shoulder blade and
 one two and One-haIf inches be-
 low that which came out just be-
 low the heart md the fourth lust
 over the right ear. On cross-ex-
 animation he stated he went to
 the scene where the killing Is aI-
 legged to have occurred the day
 following. All of the wounds in-
 fhcted in the body of Bivens were
 bullet wounds, he stated
 MADE INVESTIGATION
 when asked if he went to make the investigation alone, MT. Russum stated that he accompanied Solicitor Joseph R. Tate, Chief Deputy Fred McDuff and Deputy Marshal Smith. When asked by MT. Altman if he examined any witnesses there that day, he re- plled ne had not nor had he heard any questions asked that day regarding the shooting. He testified that he had seen Lloyd Little at Palos, but he had not gotten out of the automobile. Solicitor Tate was talking to Little lie said Lut he (Russum) had not heard what was said.
 MT Russum denied hearing Little say he was not with Milligan, Lattimer and Neville at the time Bivens was killed. When asked if Mir Tate hadn't told him that Little said he was not there and didn't know anything about the killing and wasn't present at the time, he replied that he did not re- member exactly but it was something to that effect. No witnesses were ex- amined in his presence, according to MT. Russum, until the day he started his investigation.
 RIGHT TO HOLD INQUEST
 At this point, MT. Altman and the witness got into an argument when the attroney asked the witness if he had any right to hold an inquest with out an order from the solicitor MT. Russum stated he did not have an or der from the solicitor to hold an in- vestigation on the death of Bivens
 To the question of whether he held an inquest over the death of Bivens. the coroner stated that if he wanted to ell it that he did. He admitted ordering Milligan. Lattifner and Neville held in the county jail for investiga- uoh, stating that he had perfect right to do so. The witness in reply to the question of whether or not he ordered Milligan locked up in the condemned cell and did not allow him to communicate with his family, att torney or anyone for several days, Mir. Russum stated he did not know he was placed in the condemned cell. However, he said that he had ordered that he not be allowed to communicate with anyone
 He testified that he had gotten Dave Lattimer out and examined him be- hind closed doors in the presence of Solicitor Tate, c. r. Beddow. Ira Quinn and a man named Crooks. The coroner admitted denying MT Altman. attor-