The Montgomery advertiser., 1906-02-03
TESTIMONY FOR THE Prosecutions Day in the Case of Stallings. MANY WITNESSES HEARD Swear That Defendant Fired the
 First Shot. Judge, Jury and Attorneys visit Scene of the Desperate Encounter Be- tween Dan starilpg. and Rad-
 ford Buckhaits.
By win T. sheehau.

GreenVille, Feb. 2.--(Staf Correspon- dence.)-"The man on the ground" fired the first shot in the desperate duel between Dan stalllngs and Rad : ford Buckhalts on Greenville's street. so testified the witnesses who. sum moned by the State in the case of al- legged murder against Dan StaIllngs. said they were on the ground and in sight when the deadly fusilade of shoes began.
 Dan Stallings was the man on the ground. Radford Buckhalts was thc man In the buggy. The witnesses who saw It and who were summoned by the State told today in the eircult court of Butler county. with Judge Miller presiding, of the events that led rap idly up to the climax of this killing which was all but a double tragedy. The State witnesses described how Stallings came out of a saloon, walked past Buckhalts and his buggy. how words passed between them how Stal- lings turned and came back to the mules head. And then the witnesses said the first shots came from the |, man on the ground"
 In care and caution the State Of Alabama is advancing its charge of murder against Dan Stallings, And in care and caution the array of attorneys who are endeavoring to prove that Stallings shot Buckhalts to save hIs own life. are meeting the case as | advances, and In care and caution they are trying to combat it.
 Carefully the jury was drawn. so carefully was its personnel selected that when the twelve Butler county farmers who compose 1t were chosen each of them was personally known to both the defendants attorneys and the -g. rfsFx Ak, case today was marked by the same care and thoroughness. The State throughout the day was busy in pre- senting its accusing slde. It's work Is not yet done.
 The witnesses followed each other slowly upon the stand. for each wit ness was made to tell his story. slowly over and over agaln as he passed from attorney to attorney.
 The First Witness.
 First to tell of the actual killing. first to describe it was Hill Manning. young white man. He stood on Greenville's street in the twilight of an October day and saw the fight to the death. between Dan Stallings and Radford Buckhalts He stood a few feet away and saw the two flashing pistols swapping death and disaster.
 T stood on the corner next to Whit ties saloon" said the witness. when saw Dan Stallings come up out of Whittle's saloon and start up the street. Radford Buckhalts was in buggy which was pulled up close against the sidewalk
 "As Stallings passed some words were exchanged between the two men. Stall lings kept up the street for Q few yards. He turned then and walked back to the buggy. Some words passed between the men and heard some cuss words such as d. lies.' and others
 'Afr Stallings got down off the side walk and moved over towards the head of the mule. There the shooting be- gan. From the flash of the pistol and from the way the bullets were coming Mir. Stallings fired the first shots. The first two shots were fired close togeth- CT but there was pause before the third shot The flashes of the first shot came from where Mir. Stalllngs was standing"
 In the midst of the shooting the mule started to run away. Before the shoot. ing was over Joe Coker had hold Of stalIinEs. Stallings was holleriug when the witness came up and asking some body to help him.
 Much of the evidence. all of that given by the witnesses at the morning session of the court. dealt with the events which occurred in Acie Buck laItSS GdiOOn On tUG ldbdA eAbCA hCSh Both men were in the saloon at the same time And when they were there at the same time the signs were omin- ous of trouble. The air was vibrant and electric with possible trouble.
 CopteBtIon of the state.
 Both men were In and out or the sa- loon two or three times Tn the latter half of the afternoon. The State sought to prove that Buckhalts. while
 
 not anxious for trouble. The State en- deavnred to prove that Buckhalts said. and where Stallings could hear him "Tm going to take this drink and go bonre' and that he went out of tho saloon. followed by Stallings. The State sought to prove. too. that re- mark made by Buckhalts had been re- heated to Stallings, who on hearing 1t uttered a sentence that was no less than a threat
 On the other hand with shrewd nd persistent cross examination the defense sought tn establish the proof that BuckhoIts was drunk and bois- tLroyvjng defiance to his enemy and his brotbcr-in-law. They sought to rove thai he was prodigal in the use Of the o,a form that in the South at least ts rAgorled as thc most fragrant in s,lt one man can put upon another witnesses WUp were Wlt- ,,,ssce for tho State. wore unwilling to odmit that Buckhaults had SO used thYt term.
 ,ttd hv Jrdce Miller. Sheriff Hartley. nis deputies. the defandant, the law vers on both sides, and crowd of GU rtous on-lookCrs, visited the scene of 4,,t t,;,tinF Such visit was agreeable m tn bo%h sides with the understanding t6at no one should say anything to tho tIirv except Judge Miller. who ,,o,,id act as an interpreter between inc jurors ard the witnesses. The wit nesses were first to identify the de- tails of the locality to Judge Miller. who was to explain them to the jury.
 Visit to Scene of Duel.
 The investigation of the jury lnclud- ea n view of the entire locality around inc Elks Hotel. A visit was first made to the store in which Acie Tuckhalts kept a saloon at the time of the killing. but which has since been transformed into a dry goods