The Birmingham age-herald., 1921-05-05
MiI|igan Testifies in His Own
 Behalf in Bivens Murder Case
(Continued from Page Five)

she was put on the stand in the trial of this case several days ago.
 Although severely cross-examined. Mill ligan stuck to his original statement.
 John w. Lamber, court reporter for the Birmingham Reporting company was called to the stand and testified as to statements made by Lattimer which were taken down by him in shorthand and transcribed. At the conclusion of MT. Lamberts testimony the defense an- nounced that it would rest.
 FOUR IN WAGON
 The state then called in Deputy Paul Cole. who was present at the time Fred McDuff, chief deputy, questioned Will liam Neville. According to the witness Neville had stated there were four men in the wagon at the time of the killing when questioned by the chief deputy and had stated they were Milligan, Lat timer, Little and himself He also tes- tified that he was present when Milli- gan was questioned and he had stated that he had not heard any shots fired
 On cross examination MT. Cole admit ted that he had told MT. Beddow that he was present when these men were ques- tioned and stated that MT. McDuff had taken the questions and answer down, and he had read them In the sheriff's S office Tuesday afternoon. He admitted that he and MT. McDuff and Mir. Bed dow had talked about the case, so when MT. McDuff was called to the stand Mr Altman objected to his testifying as he had discussed the case in the presence of other witnesses. The court sustained the objection and the deputy was not allowed to testify.
 MRS. LATTIMER CALLED Mrs. Dave Lattimer was also called tO thn stand ac rh t, ha courtroom she was not allowed to tes- tify. -s@
 B. F. Farrar and c. w. Reynolds tes- tified as to the reputation of Lattimer as to truth and veracity In an effort to impeach the testimony of characer wit n esses introduced by the defense. They stated that. his reputation was good so far as they knew and they had known him for nearly 20 years.
 Neville was severely cross examined yesterday morning and denied that he had taken the gun from the hand of Milligan and fired the last shot MT Altman arose at the completion of the examination of Neville and told the court the defendant was entitled to know whom MT. Beddow represented in the prosecution. A commission from Gov. Thomas E. Kilby. dated April II appointing him special assistant att lOTney general OI the SJate, ana a let ter from Harwell c. Davis, attorney general. dated April 9, and approved by the governor, authorizing MT. Beddow to represent the state in Jefferson county in such criminal cases as might be designated were produced by MT l Beddow.
 BEDDOW'S COMMISSION
 MT. Altman stated a peculiar thing about this waB that Mir. Beddow was examining witnesses before the coroner and in the solicitors office a few day. after the shooting. and his commission was dated April II.
 | When Mir. Beddow leaned toward Ne ville, who was on the witness stand ant pointing his finger at him said: Don you know that when Millgan qui shooting at Bivens you took the pisto from his hands and ran after Bivens ant shot him in the head as he lay In tn, road ?" the dropping of 8 pin could hay, been heard in the courtroom.
 The witness in a clear voice replied 1 NO, sir. I did not. The only shooting done there was done by Dave Latti mer." That was probably the mos dramatic moment of yesterdays ses l sion
 Clashes of the attorneys wore ire auent and were features of the sixtl day of the trial It is expected that ar guments will begin this afternoon