The Montgomery advertiser., 1906-02-03


 store. From there visit was made to the place where the shooting oc- cured In the street. and later to the place where the runaway mule stop- ped with the dead man in the buggy. One may view the whole scene out of car window of Louisville and Nash vile rasenger train.
 Tn due form the actual trial began with the opening of court. The so- lieitor stood before the jury and read in the indictment in which Dan Stall lings was charged with killing Rad- ford Buckhalts by shooting him with a pistol against the peace aid dignity Of the State of Alabama" The defendant through one of his | attorneys. Judge Terry Richardson. for l naily entered the plea of not guilty By the brother of the slain man, Acie Buckhalts. the State proved the corpus deiicti He was the brother of Radford Huckhalts and knew him when he was alive. He IS dead now. He was killed October 1. 1904. It was in GrcenviiIe. Butler County On the day of the killing in the af- ternoon his brother came tnto the sa- loon. which the witness owned and turned little later with Messrs. Will Hams and Coker.. As they stood at the bar Buckhaits said: 'T, wonder if that ----- Is In the house now whIRpered to staIlrngx. Dan Staflings came if a little later and sat down by the screen. Buck halts and his friends went back into the nool room. As thev game back Williams stopped and whispered to Stall linRs. The inference from the testi- monv was that Williams had repeated to stalllnss the remark Bifekhalts had made.
 When the crowd had gone out Stall lines got up and went behind the bar and got his coat, saving. If there is not d. - in the house there will he one d. quick"
 stailipgs went out the door. but soon returned and took seat fn the saloon. In about ten minutes Burkhalts came back. hut the witness met hIn at the door and said something tu him. which was net adTitted as evidence. Stall lines walked up and down the bar as If he was restless. He finally sat down whore he could see everybody that came In the bar.
 BuckhaIts got down from his buggy and went into the saloon and took a drink Buekhalts said that he. was Ro- Ing to take one drink and go home. He soon left and got into Itis buggy. A few minutes later Stnllings got Up and went out, too. The witness, five minutes later. heard the pistol shots on the street. When he got to his brother he was dead.
 The examination was conducted by Solicitor Bricken. The questions on cross examination were asked by ex- Congressman J. F. staflings.
 On croas-examinatien Mir. BuckhaIts denied that his brother was boisterous and under the influence Of whiskey, He denied that he refused him the third drink. hut said that he advised him not to take 1t and to go on home. StalIfnes was close enough 10 hear Buckhalts when he said he was going 10 get his mule and go home.
 Diagram of sais. U.
 t The witness drew s diagram os the lawyers agreed that the jury should visit the scene of the crime and mako themselves familiar with the surround ings. There was some discussion oF this in which Solicitor Bricken said;
 q am quite wiling to admit that my friend Colonel StaIlings, is more famil far with the interior of the bar than ! ann"
 To this Mir. stalIings replied smil- ing. "I am not willine to admit that. your honor I seriously doubt it."
 The testimony of Mir BuckhaIts was confirmed in full by Charles Savage Mir Savage was a b9r-keeper for Mir Buckhalts when the killing occurred and he saw the movements of the men and their friends in the saloon and described 1t as Mir Buckhslts did. Hr said that Radford Buckhalts was not drunk. but that he showed evidence that he had been drinking. On cross examination he said Radford Buck halts had said while he was before the bar the last tipIe. I'm going home now, but I'm not afraid of any - that ever lived"
 Claude Kirksey testified that when Radford Buckhalts went out of the sa- loon he was followed few minutes later by Dan Stallings. While Stalliugs was in the saloon and while the witness was playing pool, Stallings wanted to get into the pool game but was re- fused
 As in the case of the other witness es. Mir. Kirksey was subjected to rigid cross-examination by MT stal. lings. He was made to explain and at length the details of Buckhaltss and StailIngss movements. At the clase of Mir. StaIllngs's testimony the court recessed for dinner
 To tell of what happened In the Buck halt's saloon the Saturday afternoon or the killing, Jack Kennedy was called to the stand when the court reconven- cd for the afternoon session. The wit ness was in the pool room In the rear of the bar when Stalllngs came tn and later when Buckhalts came to get his last drink. He swore that when Buck halts went out the front door he was followed by stallings.
 What do y,u do for a living?" asked Mir. StaIIings on the cross-eXamination of the witness.
 First one thing and then another. replied the witness.
 The cross-exAmining attorney wanted to know in detail what the first thing was and what the other was. and by degrees the witness told of the differ ent places he had been employed in the past three years.
 At this juncture will Manning took the stand and told ot what he saw as an eyewitness, standing near the scene of the killing.
 Testimony of Negro.
 He was followed by Brown Porter. negro. who was employed at the oil n,iIl and who also saw the shooting. He was then standing on top of the railroad underpass. a position which gave him a clear view of the shooting in the street below
 He saw the two men who were doing the shooting. one Of them was In bugey and the other was on the ground. The man on the sidewalk stepped stepped down of the sidewalk and noye3 toward the head of the mule The shooting began right away. The man on the ground did the first shoot ing. The first flashes came frome his pistol.
 Robert Hall. another negro. swore he was standing in front of the Long Co,,o, ofrca when the shooting began 1Te looked and saw that the first shots