The Montgomery advertiser., 1909-03-20
46tack on k 46o1t Burglar


 prosecution. He was constantly
 sids of Acting Solicitor Lull.
 e arms of Mrs. Cask prattied Y of two months. At intervals
 aloud, as If echoine and re-
 :; the agonies of its dying moth
 that fateful night. Once the isturbed the court so that Judge
 q ordered the Sheriff to conduct
 andmother, and babe out of the
 The 2-year-old boy of healthy
 nd buoyant spirits sat near the
 ather.
 Tnteresrin Defendant.
 the dsfendant stepped to the
 chair f,ecks were craned for
 hear his words in all parts of
 lcious court room. The jury ted much interest in the state .lsT of Allen. He showed little
 perturbation.
 rst evidence of uneaslness came
 cross ss-examinasion by Solicitor
 te told, at the suggestion of
 r-s F. Lloyd Tate, about the rab-
 nm of the afternoon preceding the |. t d' the shooting. He named his con. ran )ns on the hunt. He left them after ving them all his remaining shells. He took occasion. however. to say that he had two shells at home loaded with buckshot.
 Arriving at his home. Allen began to clean his rabbits. squirrel and perhaps bird. This was about dusk and 1t was In the dining room as he afterwards explained on cross-examina- tion. He laid his shot gun on the floor. After cleaning the game and turning them over to his wife for cooking he picked up his shot gun and placed it on the rack over the side of his bed. The position of this gun rack has been the subject of great controversy cated by witnesses and by Allen him. self on the wall over the side of the bed where his wife slept with him the last night she was alive.
 Acting Solicitor Lull insisted } that this was a most unfortunate position for the gun-rack, or at least 1t was for Allen to have been sleeping, as he said he did, on the outer side of the bed away from the rack :. Between him and the gun he had tes- tifed that his wife and little babe slept How he could have jumped from his recumbent position at the noise In the doorway and got his shot gun without discovering the absence of his wife from the bed was made difficult for the defendant to explain. On ar gument probably Mir. Lull may make more than a mole hill of this incident. But he did get the gun, Allen said. when the dragging door was opened and aroused him from his nervous sleep Then he advanced to a central position of his room, commanding the figure to halt. commanded 1t to hold up itsN hands. and on receiving no re- sponse. the shot was fired.
 My wife hollered," said Allen on the stand. "I dashed through the door out into the cotton patch. called to her to know where she was. Her voice came from the porch. Then I went back to the porch where I picked her up and carried her to the bed"
 Testimony Ruled Out.
 The witness tried on direct to an swer that his wife called beseechingly to him in the agony of her wound but the States objections smashed the tes- timony. After placing his wife on the bed. defendant said he went out into the open and began yelling at the tor of his voice. He was crying for help He blew his horn as sign of distress Tn a\few minutes came Grover Meeks and Willie Thornton. Then he corrob- orated what these two youngsters hat testified, except that he denied evel saying to the Meeks boy that he sho his wife on purpose unless he added 10 Sucn statement tndt ne Qid no shoot her[accidentally." as Meeks aelo ed. but that he shot her on purpose thinking she was a burglar"
 It was about II o'clock. as nearly a. Allen could recall. when he woke UT the night of the killing. He had beer talking to his wife of rapid-fr shoot ing in the neighborhood which younG Meeks on the stand admitted that h, did. He told his wife of dream h, had that burglars were breaking il the house. What reused him was tn shutting of the window near the be, by high wind that was blowing dur ing the early part of the night H went to sleep and thought his wifi did so. The next thing he knaw wa that he was awakened by noise a of someone coming in the door. It wa then that he jumped up and got tn gun from the rack.
 At the tail-end of the afternoon ses sion the defense put on the stand man who testified that he had bee told of happy relations between Ale