The Montgomery advertiser., 1904-11-19
CREENvlLLE TRAGEDY
HABEAs CORPUS HEARING or DAN
 sTALLINGs.
Many Citizens of Butler Ccanty Before Monteomery Court Testify as to kiIIfnx of Buci<haults-stiil
 i'm Progress.


 The hearing of the petition for ha- beas corpus of Dan stallings to be re- leased from the custody of the shertn of Butler County by whom he is helc charged with the murder of his broth er-in-iaw. Radford Buckhaults. began yesterday in Montgomery before Cnan- cellor w. l.. Parks of the Southeastern chancery Division. The hearing was not concluded.
 Nearly 100 men from every walk of life in Greenville are in Montgomery as attorneys. spectators or witnesses in the effort of Dan Stallings to be re- lieyed of the charge of crime that has stirred every section Of 6utier County. ,,s
 The petitioner himself was not able to appear in court. Since the traeeoy several weeks ago. he has been in serious condition and the rioe IIo entlv too much for his weakened con stitution. He was compelled yester- day to reman in bed at the Winoso' hotel. fin the case by the petitioner.
 The street duel in which BucKnauI.s was killed and Stallings was woundeo. occurred on Greenvilles most promi- nent business thoroughfare and during inc late afternoon when the street was thronged. There were over a score of ye-witnesses. Both men represented prominent Butler County families. Their relationships are wide. Buckhaults married the sister of Stailings and the duel with its dead ly result caused a sensation which has seldom been equalled in the quiet It, tie town of Greenville.
 Bad blood had existed between the ip1a Stallings's life had been threatened The opportunity was ripe for a deadly affray when these two men met in g. saloon
 On leaving the saloon the men walk ed to the buggy of Buckhaults. The quiet scene was disturbed in second. however, by the breaking out of fusf- Jade of revolver shots. Within min ute the dead body of Budlkhaults was being carried down the street by the madly frightened animal he was driv- ing, while stallings with two bullet holes in his frame, was being escortee to a drug store. .a.s s-g
 The slayer of Buckhaults was indict- cd two weeks ago by the Butler Coun- ty grand jury, the true bill charging murder in the first degree.
 A few days ago Stallings, through his counsel. petitioned for a writ of habeas corpus before Chancellor W. l.. Parks The hearing was set in Mont- gomery.
 The petitioner was yesterday repre- sented by two prominent Montgomery Jaw firms and in addition by Jesse F. Stallings and c. c. NeSmith of Bir- mingham. The State was represented by Solicitor c. R. Bricken of Luverne and Colonel Claude Hamilton of Green. vile.
 The hearing began yesterday after noon at o'clock in the Circuit Court room.
 Colonel Bricken for the State mere ly introduced the indictment and an- nounced that the State would rest.
 During the remainder of the after noon the petitioners counsel exam ined eight witnesses. There seemed to be no disposition on the part of the lawyers to interpose technical obJec- tions and the trial was speedy.
 The first witness examined was Elam wffffams of Bdffcck County, who was in Greenville on the day of the trag- edy and who had been with Ruckhaults during that day. He testified that while drinking with him Buckhaults had cursed Stallings; had threatened to kill him and had informed the witness that he was carrying 8 pistol for that purpose.
 Nose Williams and Jack Powell corr roborated the testimony as to the threats and cursing.
 Joe Coker testified that he was in Pierce's saloon with the two men. Buckhaults and Stallings left the bar together and as the former reached his buggy he began cursing.
 Do you mean those remarks for me?" asked stallings, according to the witness.
 "Yes, and - you, I'll kill you." was the reply.
 Stallings advanced to the buggy and as he did so, Buckhaults drew a weap- on and fired twice. The shots were returned, six shots in all being fired.
 Joe Carroll, who saw the shooting from a distance, and who stopped the runaway horse bearing Buckhaults's dead body, testified that the man in the buggy fired first.
 This testimony as well as the testi- mony of Colker as to the cursing, was corroborated by Norman Gahford.
 J. H. W. Hall testified that Buck haults fired first. Solicitor Bricken made a strenuous effort to break down Halls testimony and laid a predicate for so doing by asking Hall if he did not testify before the grand jury that he did not know which man fired first
 Judge H. D. Lampley, Probate Judge of Butler County, testified that he heard Buckhaults cursing just before