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ommission to Tax Sellers >f Weekly or Semi-Weekly Newspapers $15 'h? proposed Amendment to the license ledule, taxing sellers of weekly or ni-weekly papers $13 for that busi ness was postponed at the commission meeting yesterday. The proposed amend ment was, It Is generally believed, in itiated for a special lQgal condition, and was not designed to Interfere with many papers that are sold here from time to time. That such a measure should be further considered was the opinion ffr rlved at by the commissioners. The meeting yesterday resulted in the authorization of the Ensley crematory and the final confirmation of a great deal of paving that has been up during the past several weeks. The downtown busi ness section and the Twelfth avenue work were finally passed. On the confirmation of the Morris ave nue improvement wltti wood block In the place of Belgian blocks one protest was received. That was from Eugene h. Brown, as agent for the Woodward interests. The commissioners awarded the refresh ment privileges at Avondale park for $500. after bids had been received from several persons who wanted that con cession. Other than routine nothing of Importance was handled. . i Sensational Allegations by Duncan in Metcalfe Trial (Continued From Page Fire) was said? A. The first time It was men tioned to me If was mentioned down there In tlie hall near sheriff's office by Mr. Metcalf. y: What was said? A. Mr. Metcalf said Q. Who do you mean by Mr. Metcalf, Walter Metcalf? A. Yes, sir, Walter Met calf. , Q. The defendant? A. Yes, sir. He said, ‘Why don’t you and Henry kill the d-?" That was the first time It was mentioned. Q. Was there anything said about what Eilard had done In reference to getting up a publication or petition or anythin* of that kind? A. Yes. air. Defendant objects to leading the wit ness. A. It was about two or three days aftnr old man Eilard got up a petition towards impeaching the sheriff and this here, when Mr. Metcalf made mention to me about killing him, to me and Henry both, me and Henry Cole was present when it* made this remark. Defendant objects to the testimony on the ground it is immaterial, irrelevant, and Incompetent and Illegal testimony ana not binding on the defendant. Tlie court overrules the objection. Defendant excepts to the ruling. Birmingham, April 18.—(7 p. m I— In Front of Sheriff's Office y, Where did you say that occurred? A. Down here in the hall right in front of the sheriff’s office, y, And who did you say was present? , A. Me and Henry Cole #as present when that word was spoken. q. Sqoken by whom? A. Mr. Metcalf, y. what did you do then after that con versation. what was said, anything else said besides that? A. Nothing else said right then. There was somebody stepped up and called Mr. Metcalf and he went into tlie office and then him and Henry Cole went across over in the other office and was in there I reckon maybe about a half an hour or maybe longer and then came to the door and called me in there. y. Then what? A. Then lie told me. said, “Now, Teek. If you will kill him.’’ said “we will give you a hundred dol lars." The Court: Who said that? Witness—Henry first spoke tip. I said. "What about that, Mr. Metcalfe?" Henry Cole said. “We will give you h hoodie of a hundred dollars, give you a hundred dollars extra besides your salary if you v.ill kill him." 1 said. "What about that. Mr Metcalfe?” and he said. "It is ail right, I will see It is paid." Mr. Met calfe spoke up and told me and I said, "All right." y. Then yhat became of you all then, dii. you separate or what? A. 1 went out In town and Henry fooled along and we -went home I reckon, Hetfry went out home to Woodlawn and that evening 1 met him hack here, met Henry hack here at the sheriff's office and me and him went on out to Arcadia together, y. How did you go? A. In a buggy. Q. Went to Arcadia. Where did you go then, after you got out there? A. After I got to Arcadia 1 left Him there at Ids hoarding house, got out of the buggy at the hoarding house and went o\ or to Eldorado. Q. The hoarding house, who was that?, LA. Tobe Wyr.n. Q. I say where was Henry Cole living? A. He was living at Arcadia with Mr. Gurley Burgln. Q. When did you see Cole after that? A. I saw him the next day. y. Where was he? A. I saw him over there at Arcadia. Q. What were you doing then? A. I \ was working under Henry Cole. Q. Working how? A. Working ns a deputy sheriff, doing just what he told me to do. Q. Then what passed between you and Henry when you saw him as you say the next dpy? A. I don't remember ex a<tly what all we talked about, but then about all that Henry talked about was killing old man Eilard, laying plans and planning how to kill him. On Saturday Evening Q. Well, did you have any further talk with Mr. Metcalfe about it before the killing? A. Yes, sir: later than that we came back into town on a Saturday even ing and had a conversation with Mr. Metcalfe, me and Henry Cole had a con versation with him together and Mr. Met calfe said to me, said “Now here is the remark that he made, said “Now them guns ain’t no excuse," said, "We will furnish you all the guns that you need, furnish you all the guns you need,” and "«id, “Now. By God, go back out there and don't come back here without him,’’ that was on Saturday evening. CJ. Without who? A. Without kiling old man Ellard. Said, “By God, don’t you come back here without him," The Court: Wliat did you say about guns? Witness: Said "We will furnish you all the guns that you need." ATid we got a gun here that evening, we got a gun here at the sheriff's office or Henry did, the rifle that killed Uw Vence Evans, th< one they had taken it way from the Jones hoys, and T put ■the old rifle in the buggy and carried it out to Arcadia. Q. Did you get anything? A. No, noth ing but some .46 Colt’s cartridges. Q. Where did you get them? A. In the sheriff's offl#5. Q. W’lio gave them to you? A. Mr. Metcalfe there told me to look in the box there and take out as many as I Wanted and I went in there and picked out all there was. I think I got 10 or hi -4.Y Colt's cartridges. Q. What else? A. T got in the buggy and went back out that way, went back ► home. * I Details of Actual Killing I At this point the witness began in dc Btall and told all the minute incidents ■kmnecled with the actual killing of El aprd. practically the same story as coir ■allied in his confession which was pub lished in The Age-IIerald several weeks ago. He detailed his movements up until ' about 11 o’clock on the night of the kill I ing and the* verbatim testimony then pro ceeds as follows: Night After the Killing Q. Tou stayed out there until 11 o'clock; what did you do? A. I went on to the 1 louse and went to bed and slept, and 1 slept pretty late, the sun was up when T woke, and I got up and washed my face and hands, and I still hadryt heard a thing, and I went and ate breakfast and sat down before the fire, and when I sat down before the fire, I didn't stay there lon^ before in came the little Farley boy and said, “Somebody has killed Mr. Ellard,’’ and J never let on to the Farley folks, or nobody oise. He said, “Some body has killed Mr. Ellard.’’ and I said. "Who told you/* rI missed who. He had heard it up to the mines, and I goes on down to Dr. Blair’s and I asked Dr. Blair was ft so, and he said, “well, 1 heard it,” and Dr. Blair said, “Where are you going?” and I said, “1 am going to town,” and I started on to town walking the dirt, road, and Avhen I got on the mountain this side of Coalburg, and George Abney overtaken me in a wagon, and 1 got in the wagon and rode to North Birmingham and caught a car, and came in to the sheriff’s office, got off right there and came to the sheriff’s of fice, and when I got to the sheriff's of fice, Mr. Metcalfe said there—the first word he spoke, he said, “What made you kill old man Ellard?” The court: Who said that? Witness: Mr. Metcalfe, and l said to him, “That is a mighty foolish question to ask,” or something to that effect, and 1 just up and told him how I done it, and told him to put me in jail Q. How did you tell him? A. Just like I told you, 1 told him and 1 showed him. Q. How did you show him? A. I showed him and told him hO\v I shot him. Q. Where were you when you did that? A. On that little porch. Q. Between the jail and the courthouse? A. Yes, sir, that little porch or veranda, and he said, “Don't do that way; i^idke no signs or nothing;” said “they will suspicion something." And of course 1 didn’t get through showing him no more that way, and about that time here came Henry Cole, and then he had to tell the story you know, and I told It just like it was, and he told me— Told Henry Cole About it Q. Just like you told it here? A. Yes, si/*, just like I told it here; I went ahead and told Henry Cole just how it was done, and he told me, Mr. Metcalfe said, “Well, don’t you say nothing about it, you may not be arrested.” Said, “I will tell you what you do, you just go ahead,” and said, “Como back by litre, come in the morning, it Is a little'-w^rm now, and we can tell you more about it.” Said, ‘We might have to put you in jail a day or two, but it will not amount to noth ing,*' and so I went on out in town all day, taken in the shows, and the next morning I came back over here, and i said “How is everything.” Q. Who were you talking to? A. To Mr. Metcalfe, and said, “How is ev erything?” and he slapped me on the shoulder and said, “Everything is all right and pretty; don’t say nothing; just keep your mouth shut,” and 1 thought everything was pretty, you know, and 1 dropped down there to the toilet thinking I would go out in town again before 1 went home, and when I started out a fellow' by the name of Paul Cole. I'believe—no Posey, touched me and said, “Consider your self under arrest,” and I looked arcTund at him and said, •,Wliat?” and he said, ‘Consider yourself under arrest,” and I said. "What is that for?” and lie said, "Carrying concealed weapons,’ and I iald, “That is all right about and be said, “1 don’t want your gun to expose you,” and I said, “No, you don’t want mine, not here," be cause I was stirred up and I didn’t know what, and I said, “No, you don’t want mine; 1 don’t know whether you are an officer or not, you have got no warrant for me,” and he said, “Come and go dow'n with me to the police headquarters," and I said, “All right. I w’ill go with you,” and so I went right on dow'n the street wdlh him to police headquarters, and 1 still had the gun. I^jdldn’t have confidence in them—if 1 had knowrn be was an of ficer siu*e enough t would not have dreaded lilm a bit in the world, j Q. Who was that? A. Posey, to the best of my memory. Gave Him His Gun Q. An officer? A. An officer. I pulled my gun—Moseley, I said Posey. I pulled my 45 Colts off and unbuckled it and handed it to him, and I had the 32.20, and said, “If you get funny I will surprise you,” and I just hand ed him' that once, but w'lien I found I was- arrested sure enough I said. “Here is another gun,”, and he said, “Humph, have you got another?” and I said, “No, if I had I would give it to you,” and lie wanted a statement and I gave him a little old statement, and I stayed up here in jail about three days, and Henry Burford gave me o close of cocaine, or morphine, or some thing or another, and liked to have killed me. Q. J3efore that had you seen Henry #Cole any more after you w'ent in jail? A. Oh, yes, I saw him regular. Q. In the county jail? A. Yes, sir; I saw them regular. Q. What passed betw'een you? A. f stayed in jail there until about three days and then they gave me this dose of something, I don’t know' what it was, it liked to have killed me. Q. How did they give It to you, In what? A. In coffee. Q. Who gave you that? A. Henry Burford was the man that gave it to me. Was Over m Hospital Q. Was lie in Jail? A. Yes, sir, he was in Jail, and so after I—I remem ber drinking the coffee and that is all I remember, and when I came to my self again I was over in the hospital, I was out of the big jail, and in the hospital department laying in the floor, oil the cement floor, and I came to niyself( and thought what in the world does this mean, and 1 got up and got on the lied, and the next morning the first man that came to me the next morning was Mr. Metcalfe, and he said, “Do you know that you came d —do you know that you came d nigh telling everybody of that yes terday?” He said, “You sent down for Bodeker and went and said a Whole lot I told him. He said you didn't tell Bodeker nothing but I don't know what you have told to Heflin and I couldn't remember a tiling in the world about it, and I said. “If I have told it I have told lt;“ that is all I know. He said, “I will keep you in this de partment and I will keep you away from them and nobody else will give you nothing;" said, “Just keep your mouth shut and everything will be pret ty anyhow,” and it rocked along that way about two weeks and I got tired of laying in jail, and one day Henry Cole had been coming to me over there #nd telling me all those tilings and then they put that nigger In jail, Jim Alexander, and Henry would come over to see Jim, and come to see me and Mr. Metcalfe would come to see me—— Q. Did either one of those do anything foi you; give you anthlng? A. Yes, sir, about two weeks—wait and I will tell you, I said 1 would tell you. 1 said. “I tell you, this tiling is loking shady to me and I am going to go to scratch ing. 1 am going to tell you that much right now.” Going to Get La»V« Q. Who told you that? A. I told Mr. Metcalfe. I said, “I am going to go to scratching, I’m going to employ me a lawyer.” He said, “Who are yon going to employ?” and I shid! ''Charlie Wil liams,'’ and he said, “H—. he is no ac count.” and I said, “I Just want a man to scotch a little, I will plead my own case.” Ilf said, ”H—, Charlie Williams Is no account,” and I said. “I don't need no lawyer I am going, to plead my own case,. I just need /him to scotch for me.” He said, "I will tell you what you do,.” and I says. “All right, let me .hear it,” and he said, "By God, you wait until in the morning before you go ahead and do that. Do you hear that?” I said. “All right, 1 am going to wait no later than S> • in the morning,” and Charlie had done told me what he would take the case for, and the next morning about 10 o’clock between 9 and 10 o’clock—he came up and unlocked the door and said, “Somebody wants to see you in the conversation room,” and • I went on down there and Mr. Metcalfe was on the back porch, and 1 said, “Would it be all right to talk to him?” Q. Who? A. The man in the conversa tion room, and he said, ”Yres, he is ybufe friend, go in there now, that is your at torney,” and I went In there and Mr. Howard was in there. 1 don't see him in the court room notv; he was sitting in there, and he got; up and Introduced him self to me and said Q. Don’t tell what passed between you and your lawyer. A. He said-— Mr. Gibson: We don’t object to it. Mr. White: Anything that was said in Mr. Metcalfe's presence, tell that. Mr. Gibson: We want the whole story. The Court: That is privileged, 1 guess. Q. Go ahead. A. Tell it? Q. No? A. Ail right. Q. Don’t stale what you and Mr. How ard said. A. Well, he told me. said, “I am going to defend you now.” He got Howard and Weaver and Bowman, P. G. Bowman would help Detective in Jail Q. Don’t tell what Air. Howard said. A. I am not. He went ahead and after 1 got done talking to my lawyer and got hack In jail pretty well satisfied, I wasn’t any too wre!l satisfied either, but it rocked along that way for up until I had a trial, up until I had a trial, and Mr. Met calfe there, *he would tell me—lie told me that a little fellow' by the name of Howell, I think It was, one of Burn’s men, he came over there and got in the jail and claimed he had a broken leg, that they caught him robbing a car, but I knowed all about him Q. Don’t tell that; tell what Air. Alet calfe said. A. He said, “We have got a detective over here in jail. In a day or two he will be put with you; I will notify you,” and I said, “All right.” and he-described him to me, and in two or three days In came the little detec tive, and I was loaded up for him, and he never got nothing. I would not talk to him about nothing, and he didn't stay but one day. lie went on back aWay from me, and they went ahead and tried me, and I had a trial, and got my life sentence. Q. Yoti said something about hiding those guns after you shot Air. Ellard; where did you say you hid them? A. in about a hundred and fifty yards, or hardly so far. I would not be exact on it, from tha place where I shot him at. Q. Did you hide them together or at separate places? A. No, l hid them about 60 yards apart*—&&d I told Henry Cole where they were at, and I told Mr. Met calfe where they w’ere at, and they said they went out there and turned over every log in that country and couldn't find thm. That is what they told me. Q. The next morning after you came in here did Mr. Aletcalfe say anything to you with reference to having gone out to where Air. Ellard was killed the night before? A. Yes, sir, he told me lie went out there aud said that d- dog ran you, Duncan, Just directly the way you said you wrent. Said he ran you just the way you said you went, and 1 told him that is just the way rI went, and he said he run a southwest course towards the creek, and he said he called him off. Q. By Mr. Burr: Air. Aletcalfe said he called him off? A. Yes, sir. Q. By Mr. White: You said something about—I asked you in your statement about whether either one. Air. Metcalfe or Cole gave you anything while you were in jail? A. Yes, sir, they gave me money along, both of them did, all along, not over $6 though was the most they ever gave me at once, at a time, but 1 got plenty of something to drink and cigars, and plenty to eat, such as I wanted. Q. You are not related to Air. Aletcalfo in any way, are you? A. No, sir, not a bit. Cross Examination Q. By Air. Burr: When was it you say that Henry Burford doped you? Gave you the cocaine? A. Two or three mornings after I was in jail. Q. You were doped and didn’t know what had happened until you woke up in the hospital? A. I didn’t know, what happened during that day. Q. In other words, if you hadn’t been doped you would not have given Air. Met calfe away? The state objects. Q. Do you know of any talk you had there w hile you were doped about any thing about this killing? A. 1 don’t re member, 1 have just got his word; I don’t know’ whether I said this or not. Q. You were absolutely senseless? A. 1 sure was. Q. Didn't talk to Air. Bodeker, the chief of police, for an hour and a half or two hours and tell him about 15 or 10 killings, and give him all the details? A. I don’t remember nothing at all about it. Q. You woke up on the floor I believe you said? A. Yes, sir, 'I woke up ou the floor. Q. That was how long after you got the dope? A. During the night. Q. You got the dope early in the morn ing when you got your coffee for break fast? A. No, they don't give any coffee for breakfast. Q. When did you get that? A. A little while after breakfast, between 0 and 10 o'clock. Q. You woke up when? A. That night something like 10 or 11 or maybe 1? o’clock. Q. You didn't know anything that hap pened from the time you got the dope until that night? A. No. HAY TO DISCUSS MEXICAN AFFAIRS New Orleans. AprIJ 18.—Cyl. Eduardo Hay. member of the Mexican national congress and president of the same, in the Madero administration, arrived in New Orleans last night and will leave here Sunday for Washington where he expects to discuss informally Mexican af fairs with officials of this government. Except to express the belief that the Huerta government will not last more than a few months, and that Governor Carranza will be the next President of Mexico, Colonel Hay declined to be inter viewed. Colonel Hay fought ill the Madero rev olution of three years ago and was chief of the nflllt&ry staff of Madero. He was -accounted the hero of the battle of Casas Grandee, in which he lost his right eye and received five other bullet wounds. Remarks Cost Man $500 Charged with defamation of charac ter Fenton Abernathy, a young white man, was fined *800 in the first divis ion of the criminal court and will also receive a sentence either to the jail or hard labor for the county as. an additional punishment. The defendant was charged with uttering defamatory remarks about a young white girl and on the trial yesterday he was given the •maximum fine. The sentence will be imposed by Judge Greene when lie sen tences those convicted during the week. Camp Hardee This Afternoon This afternoon at 3 o’clock in the audi torium of the Chamber of Commerce, Camp Hardee will meet in semi-monthly session. Resolutions on tlie life and deatlj of Comrades C. M. Sturgis and ,J. C. Drake will be reaiV There is a treat in store for the camp in the delivering of all address by Prof. Joel C. DuBose. The public is Invited. Florence Plant Will Not Move Chattanooga, April 18—(Special.)—S. C. Harlan, president of t lie Florence Wagon ! works, at Florence, lias issued a written denial of the report that the plant of the concern will move to Chattanooga from tlie Alabama city. It was stated here that the concern-' would build a local plant valued, at *300,000. Dr. Clapp Improving Rapidly Friends of Dr. W. W. Clapif will be glad to know that lie is rapidly improv ing from his recenP-illness. and Is not i-i a critical condition, as had been re ported Friday. It Requires No Argument To Convince Men Who Know Quality That SAKS’$15 & $20 SUITS Are Easily The Best In Birmingham Metropolitan inodes are represented in Saks’ great lines at these prices, which are displayed in sixteen models. Each suit has been tailored specially for this store by a clothes making organization that'creates the classiest garments*for the best clothier in each big city of the country. These particular lines we feature AT $15 & $20 A SUIT NEW YORK STYLES • ^ Are style clothes that we show. They are the counterparts of tlie exclusive efforts of the best custom tailors of Fifth Avenue, New York. Every inch of each yard of material in every Saks Suit is guaranteed all wool, and the workmanship is of the finest. The linings are warranted to outwear the garment, and we also guarantee the fit apd the.service of any suit you buy of^us, no matter what price you pay. Come in and let us show you. . Felt Hats ARE THE Right Now Hats And we have them in all the good blocks □00 And All The Between 00 Prices To ® GRAYS, PEARLS, TANS, BROWNS, BLUES, GREEN OR BLACK A becoming shape awaits you here. 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Nightshirts and Pajamas Nainsook, Soisette or Silks 50c, 75c, $1, $1.50 and up $1 and $1.25 IMPERIAL TIES 69c In all the new solid shades. 50c Ties 35c or 3 for $1, Orepes or Silks Straight or open ends, in plain or fancies. 50c Half Hose 25c Odd lots of Lisle Hose, all shades, no blacks included. Boys’ Wash Suits Norfolks, Russian or Sail or Blouses and Beach Suits at \ $1.00 to $5.00 ' Come in all white or in solid shades as well as combinations of colors. The most exclusive lines from which to pick in all Birmingham. A saving ’ in price can be made here. ( omparo for proof. WASH Hats For Boys Rah-Rah Hats or Nov elty Shapes 50c to $1.25 Boys’ Straw Hats High or low crowns, either square or round tops 5Cc to $2.50 Boys’ Blouses 50c, 75c, $1 and $1.25 Boys’ Wool Suits At $5, $6, $7.50, $10 Sizes 6 to 18 Norfolksor Double Breasted Suits In blue series, crashes, worsteds or cheviots A\’e save you a dollar or more on any suit you buy bore, for to equal our qual ity you must pay $1 more in other shops. Potlatch. Buttons free with any suit for men at <16 or more. “SAKS”