The Montgomery advertiser., 1909-03-20

and wife. This was to combat the ef- fort of the State to show a motive for the killing. Hut 1t opened the way for the testimony of another witness in Fillmore Peevy. who contradicted the de- fendant's witness on the point Of reia- tionship between husband and wife; If was all along hinted by the State that Allen had mistreated his wife and seem- ed to want to get rid of her.
 Charlie Murphy was placed on the stand and told of statement attrib- uted to the defendant to the effect that he would ge rid of his wife in month.
 It was at this Juncture that the ex- animation Of witnesses was closed. The argument of counsel will begin this morning by agreement.
 Plans of Defense. It will not be known before the argu- ment of attorneys what plan of de- fense will be finally adopted. Aliens counsel will, in any event. insist on an 1 illusion at the time the shot was fired. Whether 1t will be a dream. a wild phantasy, or mistaken identity. will develop in the lawyer'A summing up.
 One of the defenses, witnesses, Will liam Thornton. only lad, has testified that Allen told him the burglar dream" version. It Is taken that this represents the plea of the defendant. But the State has proven that. rn the memory of two witnesses, at least, Allen shortly after the shooting show ed no signs of emotion. He did not, l so far as they observed that early morning of the shooting, ee>any' out ward grief of the alleged uxorcide. The State did not in its case-in- chief. offer a motive for the murder. Counsel on argument may allude to something like | Il waning affection that Allen had for l his wife.
 | A bit of significant evidence came l from Dr. O. c. Powell, who said the | wounded woman whom he attended | was fully dressed when he reached the home about o'clock in the morning. | Why she was dressed has not yet been explained.
 The court room was packed through out the day during the trial. Morning Session. Dr. O. c. Powell was the first wit l ness called by the State. He said he | was acquainted with Alfred Allen and | wife. He attended Mattie Lou Allen on the night of the killing. Rather, 1 it was in the early morning when he reached the home of the couple. He found her dying from gunshot wound, lying on the bed. She was I fully dressed, except, perhaps, as to her | feet, which he did not see. | The gun shot wound struck about | the eleventh rib and ranged down ward into the abdominal cavity. The wound. in the judgment of the witness, l was fatal.
 The woman though dying and breath | ing laboriously, was reasonably con- scious. To the question asked by-t the physician if she would get well. she replied: 'It has come to me that the Good Lord wills for me to live to take care of, my children" This in the face of the declaration by pr. Powell that the woman could not live.
 1 To Dr. Powell on his visit Alfred All l len said he shot his wife with single l barreied shot gun with buck shot. Some of these shot were founl on the porch
 The defendant told the witness that he was dreaming of a burglar break ing in. He arose, and, procuring his l shot gun, looked towards the door, where he saw figure advancing. He l commanded the figure to halt, and on failure to respond, fired. He then rushed into the ward crying for his wife.
 The witness soon after arriving on the scene picked up three buck sho ot in the blood on the floor of the porch. The defendant said when he called his 1 wife he had reached the cotton patch and she answered him from the porch.
 Talking further to the doctor, the defendant said he saw the unknown figure approaching first from the yard. He was still in his dream .- There was a month old badly in the home during the shooting. The shots were l fired about 12:3O o'clock and 1t wat between and o'clock that the phy sician arrived.
 On cross-examination. Dr. Powell said, in his best judgment, that the dead woman was of more than medium | size, or about the size of the defend | ant He administered a stimulant to the dying woman. He also probed the wound.
 The position of the gun rack was described by the doctor. The court ruled out a question of defendants counsel seeking to show that a con-
 versation took place between the wit
 ness and the deceased >in which she
 told him that she had discussed bur.
 glars with her husbnpd on the nigh
 of the shooting before the couple weN to bed. Redirect examination brought ou
 that the defendant showed no signs O.
 emotion on the morning of the shoot , ing Also a neighbor and not AlleI sent for the physician.
 Grover Meeks. the next witness