The Montgomery advertiser., 1903-07-01
STATE TRIES TO PROVE MURDER
 OF (. E. TAYLOR WAS PLANNED

first shot was fired The witness, testi- hed. however, that 1t was possible for him to stagger that far.
 Bicycle Patrolman D. P. Cantey was the next witness.
 Cantey testified that he was riding up Commerce Street with Patrolman Downs, and saw two or three of the shots. Tay- Tor was retreating and Trammell follow ing when he first noticed the combat ants. He immediately dismounted and ar- rested Trammell, who was standing in the street about midway between the car tracks and the curbing When he first saw the firing Trammell was standing on the sidewalk. When Trammell saw that officers were after him, he turned and throwing up his hands. cried out: "I just want protection. You'n find me a perfect gentleman before this thing Is over"
 Witness said that the last shot was fired just as Taylor reached the trunk. w. E. Haygood whose office is in the lobby of the Exchange Hotel, was next called. t" Mr. Haygood testified that he saw the shooting of Taylor. He was attracted by the first of the five shots. He saw Tay- Tor stagger toward the trunk and he im- mediately ran toward Trammell, whom he disarmed. He did not know how Tram nell was holding the revolver, but knew that it was in his right hand. He turned the revolver over to Patrolmen Cantey and Downs. who arrested Trammell. Witnesses for Defense. Here the State rested. The first wit ness called by the defense was T. s. Eos ter of Roanoke.
 Mir. Foster knew both Taylor and Tram mell well. On the night of the shooting, Taylor. W. H. Weich, B. c. Jones, W. M. Britton. man from Goodwater Rid dle, and the witness, were in the Silver Dollar Saloon. where they took several drinks. Taylor afterwards left the crowd. who had retired to table and entered | game of pool with John Singletary.
 Previous to going back to the pool room. Taylor had taken a pistol from his hip pocket and laid 1t on the bar counter. He afterwards put it back in his pocket. Trammell went into the saloon and
 went back to the table at which the party was drinking and spoke to B. c. Jones. He was urged to take seat and finally sat with the party few minutes. They afterwards went out with the intention | of getting supper.
 The witness testified that at this time Taylor was still playing pool. rrammell l went up toward the Exchange Hotel and stopped. Taylor in a few minutes went out of the saloon and walked up the | street. On reaching Tramme1l, ne halted | and with his back toward the street, be- gan conversing with him, gesticulating with animation. The witness, who was | several feet away, did not hear what passed. Mir. Foster said he saw Taylor
 strike at Trammell or strike him. He ! did not know whether he landed or not
 He thought that there would be trouble | and cried. Look out Welch.' and ran into the Exchange Hotel He did rot see l Taylor reach for his pistol. He heard the
 shots but did not see them fired. When asked by the counsel for the de-
 fense whether or not he had heard Tay-
 Tor threaten Trammell. the witness re-
 piled that during last summer Taylor
 told him that If he saw Trammell he
 would mash his mouth. Motion to ex- | clude this evidence was overruled.
 Taylor, he said, weighed about 225
 pounds, and was a very stout man. | On Cross Examination.
 On cross examination MT. Foster testi- fled that he. Burrell Jones and w. H.
 Welch came to Montgomery on the day
 Of the shooting. On the night of the shooting. the witness, Taylor and Welch
 went into the Silver Dollar Saloon and
 began drinking with Jones and a coffin drummer who wore spectacles, naine un- | known. Taylor came up to the table
 while they were drinking with a billiard
 cue In his hand, but he was unable to l swear whether Trammell was at the ta ble |
 On being cross examined by Solicitor
 Dent, the witness testified that about two
 weeks ago he swore out a warrant
 against Taylor. charging him with forg- | cry, but said, that the matter was ami
 cably adjusted and he and Taylor were
 good friends at the time of the killing. l Just here James s. Fuller. who was conducting the examination for the State,
 wanted to go deeper into the matter of | the warrant. He said that he would en- deavor to prove that the warrant was
 sworn out by Foster to detain Taylor in
 Roanoke to prevent his coming before the
 Referee in Bankruptcy to testify in re-
 gard to the bankrupt matter, averring | that this testimony would be odious to
 a number of persons in Roanoke. Mir. Fuller said that the witness now
 had on his person a summons from the | United States Court to come to Mont
 gomery to show cause why he should not
 be fined for contempt for the act of | swearing out the warrant against Taylor. The court allowed the State to endeavor | to produce this summons. A summons
 was produced but 1t was a simple sub
 poena for Foster to appear before the
 Referee in Bankruptcy to testify in the | Taylor case.
 An adjournment was then taken for
 dinner.
 At 1 o'clock the court reconvened, and l w. 1A' WCtCh OL kSodHOhe, was called Dy the defense.
 W. H. Welch Examined. l The witness knew h Trammell and
 Taylor well. and was friendly towards both. He saw them on the night of the
 killing He went into the Silver Dollar
 Saloon with Taylor and Foster. Tram
 nell came into the saloon about twenty minutes later but did not See Taylor, who
 vas playing pool. Taylor displayed a pis- tol at the bar. Trammell, B. c. Jones
 and the witness agreed to so to supper together.
 Jones and the witness left the saloon | together and stood in front of the door
 He did not know which left first Tram
 mell or Taylor Witness did not see the l shooting. but heard the shots. Shortly
 before the shooting the witness said that Taylor had made threats on the life of Trammell while sitting on a curbstone
 near the artesian basin. Witness advised
 Taylor to have no trouble with Tram
 mell as one or both of them were liable
 to be seriously hurt Taylor asked him
 if Trammell came to Roanoke to see
 about a buggy over which there was a dispute between the two men,. He told Taylor that about a week before Tram
 mell had been in Roanoke and had made
 some inquiries about the buggy. Taylor
 said, Damn him, I'll kill him, if it's | the last thing do" The pistol of Tay-