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
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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”