The Montgomery advertiser., 1903-12-02
Testimony All in and Argu-
 ment Begins.
Two More Speeches Will Be Made This Morning and Judge
 Thomas will. .Charge
 Jurors About Noon.

At noon today the fate of Byron Tram mell. office deputy to United States Mar shal l.. J. Bryan, charged with the mur- der of Charles E. Taylor of Roanoke. whom he killed in front of the Exchange Hotel on the night of June 2. 1903. will rest in the hands of the jurors. who for the past five days in the criminal divis- ion of the City Court of Montgomery have been hearing the evidence in the case.
 Yesterday marked the beginning of the end of one of the hardest fought legal battles in the history of criminal law ir Montgomery. Five score witnesses testi- fled before the court and jury in refer ence to every phase. of testimony which could possibly throw light on the guilt or innocence of the defendant.
 Probably the largest crowd of oniookers that has ever assembled to hear case tried in the City Court was present to hear the concluding evidence and the ar. gument of counsel yesterday.
 The court convened at 9:3o o'clock yes- terday morning. and the. State completed its rebuttal A recess was taken for an hour. atEs
 The first argument was made by W. A. Overton of Roanoke for the State. He was followed by Wiley c. Hill for the de- fence.
 After the conclusion of Mir. Hilrs argu- ment at 1:30 o'clock the court recessed until 3:3O o'clock, when James s. Fuller addressed the jury in behalf of the State and T.. D. Sanford of Opelika for the defendant.
 At 6:3o o'clock the court announced tha if the arguments were continued last night 1t would compel the jury to begin the consideration of the case in the mid dle of the night. Judge Thomas said the court would therefore take a recess until s:sO o'clock this morning. when Colonel A. A. Wiley will close for the defendant and Solicitor S. Hugh Dent for the State
 Trammell's Family Present.
 The wife and little son of the defendant were present for the first time during the trial yesterday. Mrs. Trammell occupied a seat next to her husband, while the chubby little son alternated in sitting in the laps of his father and mother.
 At the table of the lawyers for the prosecution sat the brother. the wife. the father, the mother and the son of Taylor Both of the little boys are about the same age.
 When the court convened at 9:3O o'clock J. J. DeNeff the coffin drummer, who had been on the stand Monday night, was recalled ty the defence.
 He testified that on the night of the killing he did not tell M. P. Grove that he saw Taylor change his pistol from one pocket to another in the Silver Dollar Saloon.
 Nat Waller was called by the State to testify as to the predicate laid to im- peach Trammell. MT. Waller sworc that Trammell told him on the night of the killing in the county jail that he was go- ing to Pickett Springs when the shooting occurred.
 w. E. Haygood was recalled by MT. Dent. He testified that since he had tes- tifed he had. examined the bullet hole in the paneling of the Exchange bar and had found out that it's direction was opposite to that to which he testified on a previous day of the trial.
 Marshal Bryan Testlnes.
 United States Marshal l.. J. Bryan was called by the State. He testified that he turned over the $700 given him by Taylor to TrammelI to lock up in the office safe. He had seen Taylor several times around the Government building while the United States grand jury was in session. Captain Bryan did not think that Tram mell was present when Taylor came back for his money.
 He then testified that he was present in the office of Trammelrs lawyers when witness J. P. Pierce stated that he was discharged by the State as a witness be- cause he was better witness for the de- fence.
 The State here rested and the defence began its rebuttaI.
 M P. Grove was called He swore that he saw DeNeff in drunken condition on the night of the shooting. DeNeff told him that Taylor took his last drink with him and changed his pistol from one pocket to another He saw no powder marks on Taylor's back, and he examined