The Birmingham age-herald., 1909-05-07
Trial Begun Monday.

ton of the crime.
 Trial Begun Monday.
 The trial was begun Monday afternoon before Judge H. B. Foster of the county court and testimony was taken during practically all of Tuesday, Wednesday and Thursday. The defendant was represent ed by Collier & Scrivner and Brown & Ward of this place and Dark of the Bloc ton bar, while the state was represented by County Solicitor c. B. Werner, his as- sistant, Fleetwood Rice, and Henry A. Jones of this place. States testimony tended to show that Howard Gallant's S conduct was peculiar and suspicious on the morning after the explosion; that he mad made threats against his stepmother and against his sister, and that he was on bad terms with both of these: that on the death of his father in November of last year disputes had arisen as to the property left, and that the defendant was chasrined because of the fact that his stepmother, under the law came into the possession of practically all of the estate; that he had talked with others about this and had discussed with other witnesses now that all of the property would come
 
 mother and his sister; that he had fully Informed himself of the law in such cases and that there had been trouble between him and his stepmother as to the owner ship of some of the property. It was also proved that 1t rained on the night of the explosion, and that some tracks were seen leading to and from the house, evidently made there after the rain had ceased which was about 12 o'clock; that the shoes Of Howard Gallant fitted these tracks and these shoes were found at his house the next day, and had mud on them similar to that on the ground where the tracks were and the shoes were damp; that the dogs from Bessemer. as soon as they took up the scent of these tracks, trailed them on to Howard Gallant's house.
 The main prosecuting witnesses for the state were Mrs. Alfred Gallant the de- Pendants stepmother, and Mrs Bessie Talford, his sister. The relationship made their testimony somewhat sensational The defense proved by the defendant that no such relations as testified to by state witnesses existed and that the defendant had never made any threats as charged; that he had acted as admin istrator of his fathers estate in best manner possible; that there had never been any difficulty between him and his stepmother, and that his sister was preju- diced against him for his attempting to. keep her from leaving home some time ago Also that one set of the dogs never went to Gallant's house, and that the set that did go there simply parked about some and went on; that these dogs got after some sheep and some hogs and otherwise showed inexpert qualities
 Defendants Plea.
 Defendant denied any knowledge of the explosion until the next day and explained clearly his whereabouts the day before and after. He made a good witness for himself and appeared to be a man of in- telligence
 The defense also proved that Mrs Gal lant had had some trouble with a surly negro few days before the explosion and had finally been compelled to drive him away with a shotgun. Another witness testified that he saw two negroes going on the road to Giles early the morning of tho explosion, and that though the morn- ing was quite cold, one of the negroes had his coat on his arm as though he were warm, and had come long distance.
 This was about the substance of the testimony, and shows the theory of both state and defense. The state tried to show that the defendant committed the crime for the purpose of securing the sole control and ownership of his fathers property, inasnuch as he was greatly dis appointed in what he received after his fathers death.
 In addition to a general denial, the de- fense showed motive on the part of the negro for doing the deed and also sug- cested the theory of spontaneous combus- tion of some dynamite about the house The case was fiercely fought from begin ming to end and has attracted great inter- est here, the courtroom being full prac- tically all of the time.
 The defendants wife and baby were in the courtroom during the whole of the trial.
 Troy Kennedy. boy IT years old, was indicted for the same offense, but his trial will not come up at this term.