The Montgomery advertiser., 1906-02-07

Hamilton. Colonel Hamilton read to the jury the legal definition of murder. He emphasized that fixed purpose" necessary to make a killing not homi- eide or manslaughter. but murder.
 Closing the book, Colonel Hamilton stood before the jury and reviewed the mass of testimony to show that fixed purpose" was in the mind and in the heart of Dan Stallings. Before the marriage the purpose was forming in tho mind of Dan Stallings. He tells his sister that he would have shot Radford Buckhalts from the buggy like dog if 1t had not been for the laws of Ala bama" Hatred for Radford Buckhalts was ever in the heart of Dan Stallings and there was always there care and caution for his own safety. argued Col oneI Hamilton. And again he tells his sister, You may marry him if you will, but you will never live with him.
 All Tbreats Recalled.
 On the day of the runaway marriage, Dan Stallings. hearing of IL. declared, fr'ff' had known It there would have been a burial scrape" Each threat made by Stallings as testified to by each witness, was recalled and repeat ed by the speaker. This, all this, Col onel Hamilton argued. showed the fixed purpose" in the mind of Dan Stallings.
 "But he waited-he waited with his caution" declared Colonel Hamilton, until Radford Buckhalts was filled with whiskey. He waited until Rad . ford Buckhalts for the first time since his marriage was drinking and incapa- ble of defending himself, as he could have. done if he had been sober.
 ''oh that was his chance. He leaves the sidewalk. He goes into the street
 -T.N.. l. him and the lights. And having him at that great disadvantage he shoots Radford Buckhalts. If Radford Buck halts had an opportunity, If he had been given a fair show, Dan Stallings would not have been here today on trial for murder"
 For the defense Judge Terry Richard son submitted the first argument. He spoke of the disappointment and the sorrow of Dan Stallings when he learn ed that his sister had run away and married Radford Buckhalts His moth CT and his sisters were weeping. They were looking to him as their natural protector. In these distressing circum- stances he may have said some violent things, but that was many months be- fore the tragedy. If he had meant to kill Radford Buckhalts, how many op- portunities he had lost; if he had car ried in his heart the purpose to kill his brother-in-law there had been many other chances for him to do. the deed.
 Due to Whislxey.
 Radford Buckhalts, unfortunate and in his grave, had brought on the ter rible tragedy. Through whiskey. that awful agency which had wrecked so many homes, he had brought about that tragedy in which he lost his own life
 And he. too. had made threats. Judge Richardson argued He carried pistol and 1t was generally believed that he carried 1t for Dan Stallings Radford Buckhalts admitted this by implication when he told John c Smith that he knew why he carried the pistol There was no trouble, there would have been no trouble. until Radford Buckhalts drank until his Judgment was de- throned.
 If there could come a message from Radford Buckhalts," declared Judge Richardson, that message would be, Turn him loose. Turn him loose was to blame. Oh, he was to blame with that whiskey he had taken. of that insult to the mother of Dan Stallings. that reported insult which Bradford Buckhalts had seen fit to apply in his drunken violence again and again.
 "A man that will not resent that in- ohAN tO HiS HHVNHCIf d flHn that will stand by and hear his mother reyiled the one who brought him into life, who reared him in love and affection, who taught him the name of Jesus and who taught him to lisp his first prayer. if he will not resist it he is a cur and less than a cur" asserted Judge Rich ardson.
 Insult Heaped on StaIIinRs.
 And not once but several times were these insults heaped upon the defendant. He goes to the streets to with the man who has so nsulted his mother. This man fires a bullet through his body. Cursed and reviled. his mother insulted a bull let shot through his body-was 1t not time for him to fight-nOt time to de- lend himself"
 And fin conclusion he pointed to the | weeping wife of the prisoner, saying: : You may take Dan Stallings away | from her, but it will not bring back | Radford Buckhalts. You may take | that father and husband away, you nay bring new sorrow to that home, out 1t will not bring back Radford | it will not dry the eyes of | hat widow in her weeds, 1t will not | bring comfort and consolation to that | stricken home"
 Tt is for you. gentlemen of the jury, | o say to this defendant, go back, go | pack to her and when your stricken | lister is reconciled to you give to her | l helping. assisting handf