The Montgomery advertiser., 1906-02-07
NOW THE JURY HAS THE CASE Able Argumen' For State and lense. CLEAR CHAP ; BY JUDGE Interest In< sases as Trial Ap-
 6aches End. Scores of Ladies Listen to Speeches of Colonel Hamilton, Judge Rich- ardson, Former Congressman
 stalIings and Solicitor
 Bricken.
By Will T. sheehan.

| By Will 1T. Sheehan.
 Greenville, Ala, Feb. 6.-(Staff Cor l respondence)-Twel good men and | true, the peers of Dan Stallings, tonight are deciding the fate of the surviving
 young Butler County man who fought that desperate point blank duel where | in one was slain and tho other wound. ed painfully
 A fair charge and an impartial one
 clear in it's distinctions between homi- eide, manslaughter and murder, from
 Judge Miller gave all the responsible ity to this trial into the hands of the l jury late tonight. Tomorrow there l There is but one assurance which l comes from the deliberation of an Alabama jury, an assurance which has | grown into conviction in recent years, That a white man will not be sentence | ed to hang, nor has 1t been expected
 at any time that Dan Stallings would | receive an extreme sentence.
 1 The deliberations of the jury will
 have one of three ends. mistrial, a penItentiary sentence, or an acqufttai | To reflect the general sentiment IS 10 say that a. mistrial is looked for more | than 6 definite verdict.
 The last act of the life and death sentence was played out in pale walls of Butler Countys court room in the lamp light, with the icy rain beating against the window panes., The yer diet is to be the epilogue, the an | nouncement which followed the cur | tain in the old stage tragedy.
 scores of Ladies Present. | In the wind and rain of this most
 unpleasant February night. scores ol | the ladies of Greenvflle walked the long way to the court house to see the close of the drama and in the court | room there was no standing room | Throughout the afternoon and night | the same tribute and compliment to l the lawyers who were pleading and arguing before the jury In this trial where the liberty if not the life of Dan StaIlings is in the balance. The addresses were well worthy of | the compIimentary audience which f heard them. Four notable Jury law- | yers, four lawyers whose regulations | as pIeaders before Juries is far more than locaI-Solicitor c. R. Brtcken and | Col Claude Hamilton for the State, and ex-Congressman J. F. Stallings and | Judge Terry Richardson for the de- | fense. And in the arguments while | they were being made there broke two minor notes two notes of sorrow. and | one was the cooing and gurgltng of | an infant satisfied and contented for a while but alarmed and frightened by | the strangeness of its surroundings | after aW0lle. InlS was Lll6 | child of Radford Buckhalts, born after l the tragedy, held in the arms of the young and widowed mother And the 1 other note of sorrow was the subdued sobbing of the wife of Dan Stallings as the sorrow and tragedy of the sol | emn occasion struck home with full l force.
 staIIinEs's MasterIy Speech. In masterly two hours argument. CfaI nIn the side of the defense. It was a mo-
 table jury plea, with peculiar interest.
 The people of Butler County heard in 1t his study and research into every
 feature of the case his devotion to the interest of his kinsman- client. Every talent of a trained and equipped mind
 was reflected in the solemn impressive
 plea. in the making of which he took two hours. In 1t, he was eloquent, logical and convincing.
 The defendant is his first cousin, the
 trusted manager of his Butler County
 property. The young widow, whose weeds come to her from this tragedy, was his favorite cousin, whose beauty and brightness so won his regard that he made her education his own care and consideration. To a friend who spoke
 to him of hls eloquent plea and his able fight, the ex-Congressman said.
 Why not? If that terrible thing had ended otherwise: if Dan was sleeping out wonder in the cemetery, and Rad- ford was here before the bar, would have done no less for him.
 Looking upon the case as one of the IT ost important in his long carrier as solicitor and melted by the ability of the defense, Solicitor Bricken respond ed in the close of the case of the State with an eloquent and convincing plea. He took the tangled web of the con- tradictory evidence and argued that of the State was much the clearer and the stronger; how this evidence of the State had been sustained even by the witnesses of the defense.
 Argument of BrIcken.
 He alluded to the interest which each of the important witnesses for the State had In the acquittal of Dan Stallings The defense had failed ut- terly to establish self defense for Dan Stallings, for 1t had not only been not able to show that he was willing to retreat from trouble, but that by the statement of the defense itself he went out of his way to meet 1t and to help stir 1t up.
 Judge Miller delivered his lucid and instructice charge and the fate of Dan Stallings was finally with the jury at 10 o'clock.
 Throughout the trial until today there had been no ladies in the court room. notwithstanding the general in- terest felt in the case from one end of Grecnville to the other, no part of the crowd which daily heard the evil dence was made up of ladies. The la dies of the two sorrow stricken fami- lies during the trial had occupied places in the jury room outside the court room. But today they came in force and with the men of Greenville they filled the court room-and it is one of the largest in the state-from side to side and from end to end. Prominent in the assembly were the feminine members of the two families so sorely stricken with this October tragedy The young widow with her infants in her arms, the wife of Dan Stallings hardly less stricken and weeping softly now and then in the pathos of the eloquence that was poured forth for the jury The sister and the mother of the man dead and slain In the tragedy, and the others who feel the keenest personal interest in the drama of life and death being
 nIax,ad ont in tha white court room of