Pine Bluff daily graphic., 1909-12-11

''tthA Li'' .1tN'' tIs'll ts+Ft litt e. M I~S
 Berry left Duncan at the door and
 went into tHe house to assist Mrs.
 ThfoWer ill DrepariHe dinner. Ac-
 oorfiin& 10 t4e young lady Day was
 seated in his. front room and fnyit-
 ed Duncan into his room Later five
 shots were beard One man, Richard
 Brazell at work in the front yard.
 looked up and saW Day standing in
 the doorway shooting back iAto the
 room In a few seconds Duncan stag
 @ered ont Of the doorway and fell
 from the porch into the yard where
 he died without making statement
 He had a revolver ill his pocket but
 it had not been removed. Day walk ed around the house and went through a side door into the house again. He remarked to Mrs. ThroWei and Miss Berry, Don't be frightened.
 m not hurt. Later he surrendered to Dr. Henderson. deputy sheriff a5 Clio
 Tie state will make q determined p.- fort to convince the jury that Dar killed Duncan because the latter had reported to President Rutnerford of the lumber company, that he WIS responsible for the annoying shut downs which WeFe common at that time at the plant. After writing sey- eral letters to Day, asking him to eN- plain the troubles and receiving no response to them President Ruthel'- ford wrote him a letter and told him that his services would not be rurther needed. Tire states attorneys will contend that Day blamed Duncan for his discharge and. after planning to get him into his room. killed him without provocation. X bullet in the dead man s shoulder blade, from the rear. will be featured by the prosecu- tlOn ill it's contention that Day shot Duncan as he was stopping over to take a chair. Another of the bullets SiiSSd Nb iIohStt4l lSIll tll III tlllutt lllt' elbow. The state will contend that this arm was thrown up oyer Dun cans face to ward off the bullets. of the five bullets entered the pit of Duncan's stomach.
 The defense will offer testimony by placing the defendant on the stand to sustain it's plea of self defense Day will testify that Duncan had re- peatedly abused him and that after they had discussed their troubles in Days room. Duncan applied vile epithet to him and reached for his gun, telling Day that he would not live to tell President Rutherford of alleged schemes of Duncan to ruin his partner financially. Day will tes- tify that when Duncan reached for his gun, he grabbed his from nearDy table and began firing
 Duncan was one of the most sue this section of the country. He and four other we'll known lumbermen of this city, John F. Rutherford. Captain J. B. York, R. l.. Rutherford and C. J. Samstagg made one million dollars in one deal few years ago. when they secured an option on the plant and timber of the Standard Lumber Com pany. of Standard, La, and sold it in a few weeks at million dollar profit. It was Duncan who secured the option and brought the Northern capitalists here to purchase the prop
 critics. Just two years before his death Duncan bought up lot of orange groves in Florida and in a few months is said to have cleared more than $50,000. He carried near ly $100,000 life insurance at the time he was killed. His widow and several children still reside in this city. Day and his wife also live here