The Birmingham age-herald., 1912-06-07


 Life imprisonment in the penitentiary was the verdict returned yesterday by the jury in the case of Teck Duncan charged with the murder of Felix J. El- lard.
 This was the fifth of the Lewisburg cases to be tried in the criminal court of Jefferson county, and for the fifth time jury has returned verdict of guilty as charged in the indictment. Three times has the death penalty been the findings of the jury and twice has imprisonment for life been imposed.
 Henry Cole, who was indicted with Duncan for the Ellard murder, goes on trial on the 17th of the present month.
 None of the convicted men have been sentenced, a stay of sentence being re- quested in each instance until the attor- neys for the defense could prepare a mo- ton for new trial These motions will be heard Saturday. when, in the event the motions are dsallowed. the sentence, according to the finding of the jury. will be passed on the convicted men.
 Began Last Thursday
 The trial of Duncan was commenced last Thursday in the first division of the criminal court before Judge Frank Caha- Ian. Duncan's attorneys were Messrs. Bowman. Howard and Weaver. Solicitor H. P. Hefiin, Capt. Frank s. White and Attorney Robert N. Bell representing the state.
 The state introduced witnesses who tes- tified to seeing Duncan near the scene of the killing, both before and after the kill ing of Ellard occurred. The state also proved that Duncan stated that The knew the man who had killed Ellard' and that while he did not fire the shot that killed Ellard he was standing by when 1t was fired"
 Duncan denied these statements and said if they were made by him 1t was at a time when he was mentally irresponsible, claiming that he had been sdoped' while in the county jail and had no remem- brance whatever of the statements.
 The defense also placed large numbers of witnesses on the stand to establish an alibi. These witnesses testified that Dun can was at the home of William Fatsey at Coalburg at the time Ellard was assas- sinated
 Witnesses were introduced by both sides to attack the eredibility of wit nesses and the trial was extended until Tuesday afternoon when the arguments began.
 Arguments Begun
 Attorney Robert N. Bell made the opening argument for the state, MT. Howard followed for the defense. On Wednesday morning Solicitor Hefiin argued the case before the jury for the state; Colonel Bowman made the second argument for She defense, and Capt. Frank s. White closed for the state
 The arguments were able and lengthy, every phase and feature of the case being thoroughly gone into. The attorneys of the defense claimed the establishment of a perfect alibi; the states attorney discredited it. While all the speeches were strong and able, it was conceded that of Captain White was one of the most convincing ever delivered in the courthouse. He care fully analized the testimony of every witness and pointed out it's weak and strong points.
 After Judge Cahalan's able charge the jury took the case for considera- tion at S:45 Wednesday night, and at 12:45 yesterday made their report.
 When the jury announced ready Judge Callahan sent for the defendant and gave instructions to notify the attorneys that the jury was ready to report.
 Duncan sat near Mir Howard, one of his attorneys. His interest was mani fest as he turned to look at the jury as it filed into court.
 Have you gentlemen arrived at a verdict" asked Judge Cahalan.
 We have" responded the foreman.
 Hand 1t to the clerk"
 Verdict Is Read
 Chief Deputy Dave Williams read the verdict slowly and distinctly.
 Gnd ha dnfardart