The Montgomery advertiser., 1903-08-04
BYRON TRAMMELL GETS
 HIS CASE CONTINUED

Taylor against Trammell previous to the killing. They announced that the two Deputy Marshals who brought Taylor from Texas to Montgomery. when he was ordered to appear before the bankruptcy court, would testify as to these threats and these men had been summoned by telegraph.
 TrammelPs lawyers urged the injustice that would be done the defendant to try the case with his witnesses absent. They spoke at length on his constitutional right to have capiases taken against all witnesses who were not present.
 Solicitor Dent for the State objected to continuance on the ground that the evi dence which would be introduced by the aosentees would to a great extent be cumulative with the evidence of witnesses who were present He further objected on the ground that the defence had every opportunity possible to have witnesses in court and that at no time with the num- Der summoned could a full quota of the witnesses be had.
 Judge Thomas ruled that the defence would have to make a showing as to the materiality of the evidence of the wit nesses who were absent, and recessed court until o'clock in the afternoon to give time to prepare this showing.
 Court reconvened at o'clock Counsel for the defense immediately went into the argument. They urged that the character witnesses were of great importance, as Trammell, they said, Is practically un. known in Montgomery and they wished to show by his fellow citizens of long stand- ing his good character. They pleaded with Judge Thomas to continue the case on account of the absence of eye-wit- nesses, Burrell c. Jones' who was with mfnat .rl, shooting, and D. H. Riddle. who talked with Trammell before the affair, shortly after he had left Taylor
 The State again renewed objection on the ground of cumulative evidence.
 A1ter retracing the argument severa' times. an attorney for the defense asked that the court compel the Solicitor to an- swer the showing made by the defense
 Lawyers for the defense had provided Judge Thomas with written statements Of matter to which they said absent wit nesses would swear
 At this 1uncture Judge Thomas said that 1t would not be justice to compel the defendant to go to trial without some of his most important witnesses g, and he would. therefore. continue the case.
 Solicitor Dent had intimated that the State would admit the showing made by the defense. After the decision of Judge
  Thomas was announced, and during some parleying between the lawyers. the Solicitor said: We will admit the showing" No action was Staken on the showing.
 An efort was made by Judge Thomas to have the case reset during this term Of court but on inquiry of the clerk of the court, the docket was found to be too neaVy 10 try the case. and it was con tinued until October.
 All witnesses were discharged after be- ing placed under $1OO forfeiture each.
 It will be remembered that on the night of June 2, in front of the Exchange 1iotei' Byron Trammell killed Charles E. Taylor of Roanoke by shooting him hve times with a pistol At the time the shooting occurred, bankruptcy pro ceedings against Taylor were pending in which Trammell and a number of promi- nent @ persons Of Roanoke were involved. Trammell claimed he killed Taylor in self-defense. 'A