The Montgomery advertiser., 1906-02-06

d--fool was in town" saying. I've got not afraid to use 1t. l want to meet that G-d--fooi"
 They afterwards went over to Whit I ties lar and took drink. Dan Stall lings was sitting in the rear making some figures in d book. While they were standing at the bar Buckhaits said: There's a--in the house. It's not you Elam; It's not you Coker, and I'm certain It's not me.
 I Buckhalts, Col<er and the witness | went back in the rear room and played pool. Stalifngs came back and watched I the game. All soon went out except the witness. who remained and by him. self knocked the balls about. l He heard the shooting and ran into | the street where he saw Dan Stallings staggering around in dying condition. l w .. Coker, who Is a member of the l State Executive Committee told of the threats made by John Hudson, a negro. against Dan Stallings. The State ob- jected to the defense attempting to prove that Stallings carried a pistol, because 1 of threats made by this negro, and he l objection was sustained.
 1 The witness was asked if it was not the habit of Radford Buckhalts to car- l ry a pisol. and he replied:
 Yes he carried a pistol. like half of | Butler county"
 stricken From Record. The judge ordered that part of the answer as to Butler county be stricken | out
 The witnes had several times seen the two together in the Planters Mer- cantile Company, where he was em- ployed as book-keeper in the year of 1904.
 He had never seen any unpleasant I ness between them. The witness fur 1 ther testified that he did not hear ence as testified to by John Dickson. He had never seen Dan stailings carry shouidr strap scabbard, but he did have a rubber scabbard that he carried in his pocket.
 Major r. w. Peagier was called to testify to to whether Ralph Bryan was present in front of the drug store on the night of the shooting. Several were present and the witness would not undertake to say at this time whether Bryan was among the number. Frank McCartha testified to seeing Radford Buckhalts In front of Whit ties saloon. He was cursing. The witness heard him say, T was tired of the - ---.
 On cross-examination. the witness said he did not remember to have seen
 
 It was at thfs juncture that Judge Lampiey was called to the stand.
 pr. L. l.. Hill of Montgomery was called to give testimony as to the effect of bullet wounds such as were inflicted on Radford Buckhalts in the desperate street duel The hypothetical questions were written out and asked of the witt ness by ex-Congressman StaIlings. He was asked first If instant physical paralysis" would not ensue if bullet was fired through the right ventricle of the heart, and if "instant physical pa- ralysis" would not ensue if bullet passed through both ventricles of the heart To which he replied in all prob ability it would iii ether instance A man so wounded would in all instances loose volition.
 Tn reply to the third hypothetical question, he said that a man wounded in the brain through tho medella ob- longata. would suffer instant physical paralysis. A man shot through the lung, like Stallings was. could have fought or gone on for several minutes Of the men shot. as he had been, through the lungs and the liver. per haps only 20 per cent of them recov- cred. Stallings, during this exarnina- ton, was made to bare his body and show the sears of his wounds to the jury
 Dr. Ed Kendrick testified to seeing Dan Stallings. few minutes before the shooting as he walked up the side walk. The witness spoke to Stallings, who appeared to be in his usual mood and hhmor. The witness had gone only a short distance when he heard the shooting and he hurried back to find Dan Stallings in the arms of Tom Colser. The witness assisted in giving Stallings medical attention
 His Condition Normal.
 Ed Winkler testified as to Dan Steil- ings's condition on the afternoon of the shooting. The witness saw him a short while before the shooting and his con dition was normal.
 Billy Martin swore to seeing Buck halts out in the street and to his say ing Pm in town and I'm going 10 kill the - -"
 Here the deposition of Joe Carroll, an absent witness, was read to the jury by MT Nesmith. It averred that the witness was at the railroad underpass when the shooting began. From his position he could see the scene of the shooting. The first two pistol flashes came from the buggy. All others were from the pistol in the hands of the man on the ground.
 Allen Clark. a negro, swore he was an eye witness to the shooting. He said he heard the man in the buggy curse MT Stallings for Mir. Stallings got down off the sidewalk and went to the buggy. He said, Buck, you can't curse me for ="
 The man in tho buggy said, ''G-d--- you. I will curse you for 1t and I'll kill you now"
 With that the man in the buggy had a pistol out and fired two shots. There was a whole lot of shots then and the witness ran back on the sidewalk.
 On cross examination the witness said that he lived on the place of MT. Frank Williams. the father-in-law Of talked with anybody about the killing. except to MT. Williams, when he told him about the shooting that night.
 Lillie Page. negro woman. gave the same testimony. She swore to the cursing done by Buckhalts, to Stallings, walking out in the street and to Buck halts. cursing him again. She swore that MT. Buckhalts seemed to get a pistol from off the buggy seat. He fired twice and MT Stallings finched back. MT. StalIings then pulled his pistol from his pocket He took in his righ. hand and shot it. resting the barrel on his finger.
 Norman Gafford. a young white man, and an eye witness to the shooting. was next called to the stand He swore he was standing on the sidewalks near the Echo Hotel in front of Wright's store when the shooting began. MT. Buckhalts was in buggy in the street. The witness heard him cursing and us- ing the insulting term, - -" He saw Dan Stallings wax out in the street and heard him say something about the cursinp. Buckhalts repeated the term ana pulled his pistol He fired two shots before Stallings got his pistol