The Birmingham age-herald., 1921-05-01
STATE RESTS IN B|VENS MURDER
 TRIAL DEFENSE
 STARTS MONDAY
Frequent Clashes Between At- torneys Mark Third Day of Trial = Witnesses Sub- jected to Chilling Cross
 Examination

At the conclusion of the testimony of the states witnesses yesterday aft ernoon at 5:30 o'clock, c. P. Beddow, special assistant attorney general conducting the prosecution, announced that the state, would rest. Immedi- ately the court declared court ad- journed until 9:30 o'clock tomorrow morning.
 Frequent wrangling between John W. Altman, attorney for the defendant, and MT. Beddow over the admissibtlity of testimony and the form in which questions were propounded to the witnesses featured the third day of the trial.
 OPERATOR ON STAND
 William Crooks, a coal operator, stated that he had been in the mining He stated he knew where the railroad crossed the dirt road near where the staying of Bivens is alleged to have taken place was and that he lived about 150 yards from there, and west of the crossing.
 On the night of the killing he testified that he was home his house being next to that of Bivens, when he heard several shots which came from the direction of the railroad. In his opinion there were six shots fired, four Or five together and 10 seconds later there was one more shot fired. He testified that he saw the flash from the gun when the last shot was fired and 1t appeared to be close to the railroad crossing. He and Ira Crock CT, jitney driver immediately went to the scene of the shooting, he said, and found the, body of Bivens lying about 15o feet from the crossing in the direction of his house.
 HEARD MAN SCREAM He testified that all shots sounded alike and he heard a man scream, "Oh. Lord,. but after the last shot heard more cries. Bivens was dead when they reached him, Mir.
 Crooks told the jury, and he heard
 sounds of n wagon driving off after the last shot. In reply to n question of Mir. Beddow whether
 it sounded as if 1t wns going fast or slow, the witness said ft
 sounded as if it was going fast as
 he could hear it bump and it was
 apparently going in the opposite direction from the way he and
 Crocker were going. Bivens was
 lying doubled up on his left side, l the witness stated.
 On cross examination, Mir Crook l testified that he sat in the coroner,s | office after he had been examined but didn't know how long he stayed there l lie admitted that MT. Tate had cau- | tioned the witnesses after they had 1 been sworn not to discuss the case With the newspaper men or anyone else. All other witnesses left the room as soon as they had finished testify ing, he said, but he did not know "hether or not they were told to do so
 TOO MAD TO SPEAK The witness denied hearing anyone in the coroner's office tell John Lay- ton that he needn't come there with that lie or something to that effect Crook admitted hearing one witness say that Milligan was the speaker al the Logtown meeting when Van Bitt- ner failed to appear and in the speech had said, I'm no speaker and any, way I'm to mad to speak. What | want to do is fight and I think 1t is the duty of every miner in the state to do so.''
 The witness aIso stated that
 some witness had testified before ~-.C SOAOAACL tO thc cIIcct tnAt Nl1l-
 ngan had said when he got mad,
 he usually wanted to curse, but ms
 there were ladies present he would turn the meeting over to MT.
 Lattimer. It was further stated by the witness that TarletOn, anoth- CT witness before the coroner has testified that Lattlmer in his speech mt the Logtown meeting
 shook his fist and trembIed.
 MRS. LITTLE TESTIFIES
 Mrs Lloyd Little was the first wit ness called when court convened at ? o'clock and she testified that Neville ana Lattimer had come to her hons about { o'clock on the night the mur- der is alleged to have taken place, Neville at this time she testified. eau tioned Little about telling what had happened and what would be his fate II ne told. A short time later Mil Hgan appeared at her home. she told the jury, and he had a gun in his hand Milligan told Little that he knew what he (Milligan) and Neville had oone that day. according to the wit ness. and he had better not1tell for If ne dio, the Palos local would frame up on him and he would meet the same Tate. When I asked what was up. MT Milligans told me I dicn't need to know anything and I lad better keen my mouth out of it," said Mrs Little. "He had a gun in his hand and he pointed 1t at me as he spoke"
 The witness was put through grill ing cross- examination by the defense and she stated that she had not talk ed to anyone about what she was to testify. She denied telling the neigh DOTS who were at her house the night or the killing, although she admitted mat one or her neighbors had asked her about it. When asked if she did not know that I4attimer was head of the Palos local and that Miliran was member of the Bessie local sh Q said she did not
 THREE MEN IN WAGON
 Homer Snyder testified that he lived at Praco, but didn't know Milligan personally. On the afternoon of April he stated he was coming from Quin. town In lumber wagon and met Mill lfgan in a, wagon about one-half mile west of the crossing with three other men, but he didn't know them. As they reached the wagon. he stated mat both wagons stopped and MilIigan asked Oscar Westbrook about spike par belonging to him. That was about o:4o o'clock in the afternoon, he testi- tied. The witness told the jury he nad seen Bivens at Quinn's store at Vuintown and he had on a dark red shirt and gray trousers. MT. Snyder testified that he worked at the mines of Crook ana Roseman. where Bfvens dio ana was non-union miner.
 Westbrook was next called. ana he was In the lumber wagon with Sni-der Lathem and Aaron Byers. according to ms testimony. which corroborated that .. A.