The Montgomery advertiser., 1906-02-04

stand to repeat threatening words which they had hear StallIngs use against Buckhalts.
 Bruce Newton was at the home of the StaIlings on that Sunday morning. when a note was received from Mamie, the daughter of the family, saying that she had run away and married Radford Buckhalts. Dan Stallings drove up a. little later and 1t was read to him. He was excited and he declared. If I had known 1t when they went away from here there would have been a burial scrape."
 The same story was givcns-hy Her bert Newton. He heard Dan Stnllings say if he had known the eloping cou- pie, was going to be married there would have been a burial scrape.'
 Made Direct Threat.
 More direct threats were made to John Dickson by the defendant. Mir. Dickson swore that a day or two after the marriage, the defendant told him that he was going to kill Radford Buckhalts if 1t took him twenty years to do it.
 J. D. Whittle. brother Jaw of Radferd Buckhalts, swore to threats made by Stallings. The State got from the witness that Dan Stallings had said to him, If I'd known they were going to be married. I'd have killed both of them"
 The defense immediately objected to this testimony and Judge Miller sus- tained the objection.
 The State. however. did get in a statement made by stallings shortly af- ter the marriage in which he said:
 T don't want him ever to speak to me again. If he ever speaks to me I'll resent it and the ball will open"
 Dr. John A. Kondrick on the stand told of the scenes In Peagler's drug store when he was summoned to give aid to the wounded Stallings. Some one said the other man was dead.
 "Is he dead?" asked the wounded man. Then I am willing to die con- tented, if he Is dead"
 It was at this point Mrs. Mamie Buckhalts, the young woman widowed by this tragedy took the stand, and told the story in which there was So much of trouble for her.
 When she had left the stand the State announced that its case was cleared.
 The defense announced immediately that 1t would introduce Dan Stallings as it's first witness and the defendant took the stand.
 He was was 35 years old He was a farmer by occupation. On the day of
  sun down. So his testimony ran. In detail he told of his movements after he had got into town, his visit to the livery stable, his talk. with this man or the other. and his brief stop at one store or another.
 At length he came to the saloon where happened all the immediate pre- liminaries to the tragic shooting. He was made to describe the plan eff the saloon and the distances one from an- other of It's different parts.
 As he entered this saloon on the eve- ming of the tragedy he saw Mr. Buck halts, Joe Coker and Elam Williams at the bar taking drink. While ne was passing through the s~ tnging coors he heard Mf. Buckhsita f.sesss
 ''Theres a d. in the house" And as the witness walked past the party at the bar Buckhalts was saying, Cooker you are not one, Williams you are not one and I'm d. certain I'm not one"
 The witness brought chair from the rear of the saloon and put 1t under a light where he made some records in 8 book of some cotton he had ginned. Buckhalts and his party passed by the witness as they went out of the saloon. Williams stopped and laying his hand on his knee said;
 Williams Told of Curses.
 "Did you hear what he said about you? He's piling 1t on, but you keep quiet"
 The witness said he replied. T heard it, but I'm not going to do anything.
 The witness denied that he said any thing to Ocie Buckhalts or made any sort of threat. Some minutes later he went out of the saloon and attended to several business matters. As ne passed the door of Whittle's saloon he saw Buckhalts with Joe Coker. Buck halts was cursing somebody. A little later as the witness was walking up the sidewalk he passed within three or four feet of Buckhalts sitting m bug ev As the witness passed Buckhalta said, There goes a - - ana I'm going to kill him before I get out of town -.-
 The witness said that he paid no at tention to the insult but passed on few yards and stopped to talk to Judge Sampley and Mir Nicholson.
 While he and MT Nicholson wero talking, the witness swore that Buck halts continued to curse him. He was repeating the insulting remark he had made when the witness passed the bug gy. And he was threatening to kill the witness before she left town.
 StalIings said that then he stepped down from the sidewalk and walking to the buggy wheel he said;<
  ing for me? You must not talk about my mother in any such way
 The witness declared that Buckhalts said:
 You are a - and I'll kill you now"
 The Shooting Began.
 And with that the shooting began . Stallings said that Buckhalts seemed to get his pistol from off the buggy saat He sUore that BuCkhaltS fired the first two shots so close to him that his coat was burned.
 The first bullet struck the witness underneath the heart and passed through hts body. He staggered step or two and turned his side towards the fieshing pistol By that time he had pulled his own pistol from his right hip pocket The second shot of Buck halts missed him.
 The witness then turned, he said, in a stoontnR position, for he was bowed down bv the pain of tho wound, and