The Birmingham age-herald., 1912-06-05
BEGIN ARGUMENTS IN DUNCAN TRIAL Expected to Reach Jury by
 Noon Today RESUME 9:30 O'CLOCK Attorney Bell, for the State. and MT. Howard, for Defense, Made
 Arguments Before Jury
 Yesterday
RESUME 9:3O O'CLOCK

| At s:30 o'clock yesterday afternoon the examination of witnesses for and against TeclS Duncan, charged with the murder of Felix Ellard, was concluded and the arsu- ments before the jury began.
 Attorney Robert N. Bell opened for the state, he was followed by MT. Howard for the defense, and at the conclusion of MT. Towards argument the court ad- journed until 9:3O this morning, at Which time Solicitor Heflin will address the jury for the state and MT. Bowman will make the speech for the defense. The closing argument will be made by Captain Prank S. White. The case will probably reach the jury by noon today
 The morning session yesterday was con- stunned by an attempt on the part of the defense to show undue influence on the part of the governor of the state in the prosecution of the Lewisburg muraers. Judge Cahaan ruled that the testimony was not admissiable and ordered 1t be excluded from consideration by the Jury. An Unusual Case
 MT. Bell in his opening argument stated | that the case at bar was unusual. He spoke of the universal demand for the enforcement of the law. He said the state had no other motive In the prosecu- ton of the case than to uphold the statutes. and that in the employment of special counsel. the governor was fully ! justified in employing counsel to assist | Solicitor Heflin In the investigation of | these cases.
 MT. Bell reviewed the testimony of the states witnesses in reference to the whereabouts of Duncan on the day of the Ellard killing, in which he contended that it was possible for Duncan to have been present when the assassination occurred. He pointed out the fact that Duncan had made statements to the effect that he knew all about the Elard killing and con- tended at the time he made the alleged confession that Duncan was in the full possession of his mental faculties. He ridiculed the contention of the defense that the defendant was "doped" while confined in the county jail.
 MT. Bell insisted that the state had made out q case against the defendant and asked his conviction as charged in the indictment.
 MT. Towards Argument
 Mir. Howard made the opening argu- ment for the defense. In his opening re- marks he stated that the prosecuting at torneys were interested in the outcome of the case, but it was better to acauit as guilty men than to convict one innocent person.
 | MT. Howard argued that Duncan had established a complete alibi, that his every statement regarding his wherea bouts on the day Ellard was killed had been corroborated by preponderanee of testimony, and that it would have been impossible for Dun can to have been at the scene of the killing in the light of the testimony before the court.
 Counsel contended that the evidence of the witnesses for Duncan in reference to his alibi should not be diseredited | because of their poverty, lnd said that they had told the truth on the witness stand MT. Howard argued that Dun cans alleged confession or statements, | if made at all, were told at a time when the defendant was utterly ire sponsible for his statements or ac- tions He said the evidence tended to show Duncan was 'doped" at the time he made the statements. At the conclusion of MT Towards argument the court adjourned until 9:3O this morning when MT. Bowman will make the closing argument for the defense.