The Birmingham age-herald., 1921-05-03
Witnesses Testify to Alleged Threat Made By Dave Lat timer-Many Witnesses Ex- amined-CIashes Between Counsel Frequent

the trial of Charlie Milligan, charged with the murder of John Bivens, coal miner.
 This case is being tried before Judge William E. Fort and a. jury in th1 criminal division of the circuit court The defense began it's innings yest'r- day morning.
 D. M. Salters testified that he lived two miles below Maxine and that he never saw Milligan before the speak ing at Logt own. nor had he ever seen Lattimer before the day on which John Bivens was killed. He told the jury that he heard Dave Lattimer speak on that occasion and he had held up a badge which he thought was a Con- federate veterans badge and had said; My father fought four years in the Confederate army ana am willing to fight eight years for the principles of the union. have been driven out of the camps into tent colony and I'm not going any further" The wit ness further stated that Lattimer had said he was so mad e felt more like fighting than he did speaking. Ac- cording to the witness, there were only three men in the wagon when il left the speaking.
 c. w. BrassfieId stated that he
 knew Lattimer and had known him
 for some time. Three days prior
 to the murder of Bivens the witt
 ness told ,he jury that Lattimer in
 substance had said he was going
 to kill a damn scnb and maybe
 more. This statement was made
 at the home of the witness, it was
 stated.
 In the course of the conversation on that day when Lattimer and Milligar came to his house, MT. Brassfield said T said it will be mighty bad if we have to leave here to find work, and Lattimer said, If I have to leave here you can say that Dave Lattimer killed one scab.'" The witness testified that he had been miner and had struck when the strike was called but al present was farming.
 On the day that Bivens was killed MT. Brassfield stated he was. coming from Palos when he met Lattimer ir the road and he said, You can just get ready for l am coming to get you to kill these scabs. I told him if ] killed one, it would be at my owr dOol dllu liic IlTSl Uldn WHO came IOl me to kill a scab I was going to kill first.
 He told me when he came for me needn't say the old lady had a con vulsion for l would Ego with him."
 The afternoon was featured by cf-
 forts of the defense to impeach the
 testimony of Dave Lattimer, who
 was arrested last week on warrant
 charging him with the murder of
 Bfvins, which was sworn out by Mrs.
 Miiligan, wife of the defendant now
 on trial for his life. Several wit
 nesses were introduced and testf-
 lied that the general. reputation
 of Lattimer in regard to his truth
 fulness and integrity was bad and
 they would not believe him on oath.
 COUSIN TESTIFIES
 These witnesses were James Vest who lives in Shelby county and is now deputy sheriff. MT. Lattimer had married a third cousin of his, he said but he wouldn't believe him on oath.
 G. E. Browning is farmer and lives in Bibb county. His testimony cor 1oborated that of Vest w. I. Burke testified he had known Lattimer for II or l s years. Hill Goodwin, S. L. Hyde Walter Champion, Lee Williams, ali ot Bibb county. gave similar testimony On cross-xamination these witnesses admitted that the United Mine Work. CTS of America was paying their ex. Ienses while here.
 w. O. Hicks, a timber contractor testified that he had worked at a lum. Der camp at the same time that Latti. mer had and the men had kangaroo court. He told the jury that on sev. eral occasions they had whipped Latti mer for misrepresenting things. | Ellis AleXandar iIstioa of tba of Beat 19, testified taht he had beer with Lloyd Little on Sunday after thu Killing of Bivens on Saturday after. noon and had heard Little say that h. was not in the wagon with the men leut had walked home from the meet ing. Several others were preesnt. Il, said, including Anthony Alexander, tn, father-in-law of Little.
 KNEW LATTIMER
 The witness further testified that h, knew Lattimer and Neville and hat seen them on the road in front, of hi. house as he went home He statet that he had heard Lattimer urging Ne Vile to go and get away from there. J. F. Thames of Blocton, a railroa man, testified that Lattimer had toll him that he had injured man in Geor gia as a result of which he died and h tLattimer) had come to Alabama unde an assumed name. He admitted on eros examination that he was not summone 10 the trial but had come to Birming ham last Monday on business and cam up to testify against Lattimer. w. K Thomas, coal miner, testified as t the character of Lattimer, briefly. Luther Cottrell. a farmer who lives a Maxine, told the jury that he had take with Little on Sunday following u, shooting of Bivens and Little had state he walked home from the meeting an was not in the wagon with Milligan, La; timer and Neville, and could prove ii This statement was made in the pres ence of Ellis Alexander, Anthony Alex ander, and himself. the witness stated
 MEETING AT LOGTOWN J. E. Salter, who lives in Wake county, was present at the meeting Q striking miners at Logtown on the da Blvens was said to have beensk killed, h told the jury, and he had overtaken th wagon on his way home According [ his testimony there was only three me in the wagon. This testimony was cor roborated by Aaron Bice, Walter Shoe maker and Mrs. John Layton.
 Cleve Cough was the first witnes called by the defense yesterday mornin and according to his testimony Lattime made fighting talk at the Logtow meeting on the afternoon Bivens wa killed. He testified that Lattimer in hi speech had said: My father fought fou years in the Confederate army and ar willing to fight double that time for tn principles of the United Mine Worker of America I have been driven out c the camps into tent colony and that I as far as I am going. I've stacked arm and I am re9dy to fight. I'll graze o grass with the cows in the fields rathe than give in to the coal operators" The witness told the jury he was coal miner and went out on strike bu