The Birmingham age-herald., 1921-05-05
TWO MEN APPROACHED

Just as they came to the crosSine the witness testified that two men ap- preached down the railroad track, and one of them said: 'Is that you Will?" To this, he stated, Neville said: Yes, is that you, JohnT' Bivens then asked where they had been and when told that they had been to union meeting, said "Oh. hell, I thought you had been somewhere"
 At that point, the witness stated,
 Lattimer cursed him, and said thnt
 k somewhere. Bivens then said:
 Don't curse me; you have no
 right to talk to me like that" ac-
 cording to the witness, and Lat
 timer. who was standing on the
 ground by the wagon. snids "Weil.
 come on down here. and I will give
 you some cause," md he pulled n
 gun and started firing.
 As soon as the first shot was fired, Neville jumped from the wagon and started after Lattimer, who was fol- lowing Bivens, the witness told the jury. but when he got to the railroad he stopped, while Lattimer and Bivens had gone down the railroad embank : ment. and he couldn't see them
 DIDN'T HAVE A GUN
 In a few minutes Lattimer returned to the wagon and said Let's load up and get away from here" according to the witness. Milligan testified that Iattimer asked, Why, in the hell they didn't stop that other fellow" and he said he didn't have a gun and was not going to do anything; to which I.atti- : mer replied Well, shut up, or I'll do you the same way"
 The witness told the jury that
 he got out of the wagon nt foot path near the tent colony, and
 walked through n near way to
 NeviIIe's home. Lattimer told him
 If he mentioned the killing he
 would blow his brains out. the
 witness testified, and the last time
 he saw Lattimer when he got out
 of the wagon. he still had the pis-
 tOl In his hand.
 Milligan emphatically denied going to the home of Little on the night of the killing, aId never had been in the Little home in ,ais life. He said he did not draw pistol on Mrs Little and tell her to keep her mouth out of it.
 RETURN THE PISTOL
 When the wagon in which Neville and Lattimer were riding arrived at
 
 garden fence waiting for them. He testified that he did not see LattimeY return the pistol to Neville, and did not see his wife hide the scabbard. On the way home, the witness said, Latti- mer said he wanted to stop for a few minutes. and he walked on about 5s yards ahead of him.
 When they reached the home of tho witness. Milligan testified that Latti1neI said, "1m a good mind to go to thu house, pack my things and get away and then asked him if he thought Neville could be trusted. When the witness tolC him he could not tell him what to do Lattimer said, according to Milligan'i statement to the jury, "Ill just stay witt you. and if either of you tell I'll ust my shotgun on you" He testified thai he did not see I.attimer more until they werel arrested the morning followinf the shooting about 2 o'clock
 GUN WAS BORROWED
 The gun with which the shooting wa, done was borrowed by Lattimer iron Jim Neville. brother of William Neville indicted for the murder of Bivens, ac ccrding to the testimony of Milligan. Hi testimony regarding the shooting of rabbit on the way to the meeting corrob orated that of Neville.
 Mlligan told the jury that followin, his arrest he was kept in the condemne, cell at the county jail. and was not al lowed to see anyone for several days. H said he asked to be allowed to see an at tcrEey, but was not permitted to do so When he was taken before Mir. Tate an, interviewed the witness stated he tol, the solicitors that he did not care to mak statement.
 On cross examination he denied sayini at the union meeting at Lostown tha be wanted to curse. but would refrail from doing so as there were women pres ent
 DENIED SHOOTING
 When asked by c. P. Beddow, specia attorney general conducting the prose cution of thislcase. if he had not fired tn first shot into the body of Bivens tn witness emphatically denied shooting . all He also denied talking to Neville il jail regarding this case and said he ha been kept in the condemned cell in tn county jail at night.
 X Denying that he went to the home Q Lloyd Little on the night Bivens wa killed. Milligan said he had never see Mrs Little but once in his life upt
 tcontinued on Pass Nine>