The Montgomery advertiser., 1903-12-01
TRAMMELL TRIAL WEARS END:
 DEPENDANT ON THE STAND

= At A4&9 - @ A4A'& whether Taylor touched Trammell on ths shoulder. The witness replied that ht did not. 5s Advanced on Trammell. (
 Allen Iverson. a negro hackman, swors that the killing occurred in front of -he transfer office. He saw Taylor shake hi. fist in Trammeil's face and then knoct him across the sidewalk. nearly causing him to. fall under a hack. Trammell tolc him to stop, but Taylor kept advancin. and then the firing began.
 On cross examination. he swore that he heard Taylor curse Trammell. W-s sure that the difficulty took place neal the main entrance to the Exchange ho tel. 1.
 J. N. Beard, an insurance man of Troy testified that he knows J. B. Pierce. Hs saw him on the train coming to Mont gomery. Tuesday, to atten6 the Tram mell trial. He knew neither rraMmell nor Taylor and is not connected with the United States marshars ofi1ce.
 Counsel for the defence att rmpted through this witness to impeach Pierce's testimony that he had not said that Trammeli was entirely justified objec' ton was made. by Mir. Fuller on the grounds that the predicate had n.:t tcen laid as to Beard. The objection vas sus- tained- t (
 Wiley Shows Anger. j.
 Colorel Wiley Of counsel fer TrArameil asked the court to have Me. Plerce brought in to testify. Judge Thomas ~e. piled that 1t was his impression that Mir Pierce had been excused and mad re.ui n. ed to Enterprise.
 Colonel Wiley declared that the wit. ness had been summoned by the iefend- ant and had not been excused by him. Tn fact, he himself, had warned the witness not to leave Montgomery.
 The court replied that 1t wns his i!a precision that the witness had been ex. cused by the court in open court, and that he had asked both counsel for the State and the defence, whether the wit ness would be needed again.
 Colonel Wiley was apparently engered. Rising from h:s seat and in stertorian tones, he demanded.
 And is not my positive statement as good as the courts impression?"
 Judge Thomas replied that he had ex- cused the witness but would give the d., fence the authority of the court to have an attachment issued for Pierce.
 T want 1t understood. however" said Judge Thomas, that the trial of this case will not be impeded by the abso..ce of this witness. If you can get him here before the evidence is closed, win all low him to go on the stand, put 1 wtil not consume the valuable time of thus court waiting on -he witness"
 Colonel Wiley in impassioned 'ores oN- jected to this decision. He held that if the court had dismissed a defendant S witness without the consent ot the it. torneys for the defence, he should car. tainly not allow the defence to suffer.
 The court replied that the witness was excused in open court, had proved up his attendance and the defendant should have objected at that time to his being discharged.
 Colonel Wiley then asked that the court instruct the sheriff to wire to the sheriff of Geneva county to bring Pierce into court immediat-ly. The court re- fused to do this.
 A few minutes time for consultation was asked for by counsel. This was granted.
 Reproved by the Court.
 In the mean time Colonel Wiley ap- preached the bench and Tn an Iindertune asked the court to send the telegram. Judge Thomas in a voice plainly audible throughout the court room said. Colonel Wiley, If you have any proposition to make to the court, wish you would make it so the counsel for the State can hear it."
 Colonel Wiley was incensed. Hurrying to his place, he said. Ut has long been the practice of this court to allow coun- sel to approach the bench on affairs oi this kind and I claim 1t my humble privilege to be shown the same courte- sies by the court as are extended to oth- CT members of the bar"
 MT. Clerk" said Judge Thomas.
 Clerk Matthews had stepped out of the court room to look for some papers.
 The clerk is out just at present." sad the deputy sheriff in attendance on the court.
 "Very well. then" said Judge Thomas, well let the matter pass"
 It was the opinion of all onlookers that when the Judge called for the clerk he intended to fine Colonel Wiley for con tempt.
 Dr. L. L. Hill testified that he Was called to the jail to examine a place on the defendants ear, the night of the kill ing. He swore that there was small red place on his ear and on the head close to the ear that he, as an expert, thought 1t was caused by blow.
 On cross examination he testified that the blow was not serious.
 Trammell on the Stand.
 The defense then called Byron Tram tncll tO anu. ITamInelI resumed that he knew Charles E. Taylor about twelve years. He shot and killed Taylor on the night of June 2, 1903, near the Exchange Hotel. He had sued out writ in detinue against Taylor for a buggy. On the night of the shooting. he went to the Silver Dollar Saloon looking for Burreli C. Jones of Roanoke. He saw a number of men sitting at a. table just at the end of the bar counter. He was asked to take drink by Burrell c. Jones, but re- fused. Jones pulled him into a chair and round of drinks was ordered. He saw Taylor playing pool in the rear of the bar but didn't know whether Taylor saw him. MT. Welch proposed that the party 30 to supper. Trammell replied that he had had supper and immediately left the bar.
 Just on the outside of the saloon, he testified, he met MT. Stark. to whom he spoke and walked several steps with him Mir. Stark called some friends across the street and ran out to catch them. He had walked two or three steps further when Taylor. walking rapidly, caught UT with him and shaking his left hand fin his face. said: You've been up there to find out something about that buggy G. d. you, but you'll never get 1t. .' Trammel said he attempted to walk on Just as he turned Taylor swung with his right hand striking him hack of tha aar