The Montgomery advertiser., 1904-11-20
|.--- .-.-- -s--- -a--~> es-s. |STALLINGS ALLOWED BAIL Gave His Testimony Lying | in Bed. SLAYER OF BUCKHAULTS Habeas Corpus Hearing of Greenville Tragedy Ends. ChancelIor Parks Fixes Bond at s3,ooO,
 and Solicitor Bricken Gives No-
 tice of Appeai-witnesses
 Return Home.
SLAYER OF BUCKHAULTS

Dan Stallings, charged with the mur- der of Radford Gucknaults, his broth CT law, in Greenville several weeks ago was yesterday given the benefit of $3,0o0 bond by Chancellor W. L. Parks after a habeas corpus hearing which lasted two days and during which nearly forty witnesses were ex- amined.
 | Solicitor c. R. Bricken. chief counsel for the State immediately gave notice of an appeal and as soon as hls bill of exceptions is prepared. the decree of the chancellor admitting Stallings to bond will be suspended until action Is taken in the Supreme Court of Ala bama-
 Chancellor Parks gave Colonel Brick en. twenty days in which to prepare a bill of exceptions.
 Testified in Hotel Bedroom.
 Dan Stallings. the petitioner for writ of habeas vorpus, yesterday afternoon at o'clock, told the story of how Buckhaults was killed while lying on bed in the Windsor Hotel. suffering from the wounds inflicted by the man, the killed. The petitioner was unable to be in court. It was first suggested that he be brought into the court room on a litter and there give his testi- mony It was thought more practi- cable. however, to have the case heard in the room of the wounded man. Court was adjourned to reconvene in the hotel and in the room. with sick bed for a witness stand. a small table for a judges bench, with bailiffs. stenogra- pher and counsel seated in various un- conventional places. the testimony was taken.
 The petitioner testified that on the day of the shooting. he had not taken drink but had gone into Pierce'S saloon in Greenville to secure place to figure out his payroll for the week. On leaving the bar he made purchases at a hardware store. and returning to the bar. secured feed for his mule. He left the bar about the same time as Buckhaults. When he reached his mule. he heard Buckhaults apply an approbrious epithet to him. He im- mediately asked him If he intended the remark as an insult to his mother. Buckhaults replied in the affirmative and thrcatended to kill him. He ad- vanced to the buggy in which Buck. hault was seated and was wounded by two shots from the revolver of bis brother-in-law. Drawing his pistol quickly, he emtped the revolver into his assailant's person and then fell back into the arms of bystand- ers
 When the testimony of Stallings was concluded ,the court adjourned for din- ner.
 Many Spectators Present.
 Court was convened at o'clock yes- terday morning in the Circuit Court room with large attendance of speu- tators, and the taking of testimony was immediately begun.
 Three witnesses were put on tho stand by the petitioner to corroborate the testimony of witnesses of Friday afternoon that Buckhaults fired the first shot of the desperate street duel In which he forfeited his life. They were Dr. T. D. Stallings. and Allen Clark and Lillie Payne, negroes.
 By consent, the State was allowed to put Ramsey Wright on the stand in order that he might catch a train. Wright testified that at the time of the shooting. Norman Gafford, Judge Lamp ley and Joe Coker were in his store and that Gafford and Coker could not pos sibly have been in the positions tes- tified to by them, when the first shot was fired.
 pr. E. L. Kendrick. for the defense, testified as an expert, to the wounds of both men.
 Asa Buckhaults. brother of the de- ceased, testified for the State that Stal- lings. Elam Williams and others fol- lowed his brother out of the bar the day of the shooting and that immedi- ately afterward the firing commenced He did not think that his brother had taken over three drinks that day.