The Birmingham age-herald., 1912-06-01
SAY DUNCAN WAS | DRUGGED WHEN HE MADE CONFESSION Prisoner Alleged to Have Said It Was "A Hired
 Job' NIGHT TESSION
 OF COURT HELD Bodeker, Deputy Metcalf, Buford and Others State That Duncan Said
 He Knew Who Killed
 EIlard

tho first division of the criminal court be- fore Judge Frank Cahalan, charged with the murder of Felix J. Ellard at Lewis burg on March IS.
 The court then took a recess until 7;So o'clock, when the defense put on It's witnesses.
 The trial made good progress yester- day, many witnesses for the state being examined and subjected to a vigorous cross examination by MT. Bowman for the defense.
 The state introduced several witnesses, who testified that Duncan confessed while in jail as to being present when the kill ing of Ellard took place, and that he knew the guilty one. but that he did not him self fire the shot. The defense sought to prove that if a confession was made by Duncan he was drugged at the time.
 The evidence outside of the alleged con- fession was all crcumstantial. It is un- derstood the defense will introduce to prove an alibi. The examination of wit nesses proceeded rapidly, and while there were many objections made to the induc- ton of testimony, there was an absence of clashes between opposing counsel.
 Cause Laughter
 On one or two occasions the replies of certain witnesses to direct questions caused ripple of laughter to come from the crowd in the court room, which was quickly suppressed by the judge. MT. Bowman asked one of the witnesses this question: .'Is 1t not a fact that you shot Felix Ellard from ambush, thinking he was Teck Duncan or Henry cole?"
 NO, siree; I did not" came the an- swer with an emphasis that caused a general laugh throughout the court room.
 It was nearly Il o'clock yesterday morn- ing before the case was resumed, owing to the organizatioS of jury to try Will lie Bedel negro charged with a capital offence. Judge Green having disposed of the Walter Jones case took up the Bedeli case in the second division of the court and the trial of Duncan was resumed.
 Much of the testimony had to do with the time of the Eilard killing and the time some of the state witnesses claim to have seen Duncan on that date, the distances from the scene of the killing and the places where Duncan was alleged to havs been. These matters were thoroughly zone lnlO DN cOutiotl III iHe SAoiiihdeiofi 'of the several witnesses.
 Mrs. Franklin on Stand
 Mrs. Franklin was the first witness placed on the stand yesterday morning. She testified that on the day MT. Ellard was killed she went with him and his wife to Birmingham, leaving Arcadia at 8 o'clock and remained in Birmingham until o'clock, and that on her way back home she saw MT Ellard at North Bir- mingham about o'clock. The witness was not cross-examned.
 c. C. Alexander testified that he met Mir. Lyerly on the Iewisburg road and that Lyerly told him Ellard was shot. He stated he went to the place and saw Ellard lying in the road. He testified as to seeing two blinds" along the side of the road
 Will Johnson told of seeing Duncan near the church the night before Ellard was shot and that he was sitting near the coal house a the rear of the church, and that he had a gun in his possession.
 Chief Deputy Sheriff Walter Metcalf was the next witness. He told of con versation he had had with Duncan prior to his arrest in reference to the Ellard killing, in which he said he asked Dun can why he killed Ellard. Duncan replied that he did not know Ellard was killed and had nothing to do with it, but was not d. bit sorry Ellard was dead.
 "A Hired Job"
 MT. Metcalf said he had later con versation with Duncan and again asked him who killed Ellard, and that Dun can replied it was a hired job and that la negro fired the shot The witness stated he asked who 1t was and the reply Duncan made was that he would tell the solicitor about it." and that to the question, "Did Henry Cole have any thing 10 do with the shooting?" Dun can replied. "He knows about it.'
 MT. Metcalf stated that Duncan had sent word he wanted to speak to Chief Bodeker and that the latter went to the jail to see him.
 On oss-examination by Mir. Bowman n the witness testified that Duncan was told to report to the county iail as he was under suspicion of killing Ellard and that he was arrested by the police.
 The court adjourned for noon recess and at ? o'clock the cross-exanination of MT. Metcalf was resumed. Mir. Bow man examined the witness briefly as to the condition of Duncan on the day he was alleged to have made a partial con lfession. to which the witness replied he acted strangely
 Going to Tell All'
 
 cinfined in jail with Duncan on the same charge, testified that Duncan had stated to him that he was uneasy about the Ealard killing and was going to tell all about it. The witness stated that Duncan said in the presence of himself and two other prisoners: T was present when old man Ellard waa killed, but did not do the shooting
 He was subjected to a severe cross NTp af1 ad dt,,it- ted that he had tried to have Duncan arrested on charge of murder and with sending him black hand letter. He de- nied dragging Duncan on the day the alleged confession was made.
 sam Ruford testified he saw Teck Dun can walking along the railroad on the day Ellard was killed and that he was carrying a gun He stated that Duncan told him he was a deputy sheriff and that he and Uncle Henry tCole) was going to clean up the place. and that .'old man .Isllard was at the bottom of all the trouble.' Bowman on eross-ex- animation asked the witness if he did moi kill Ellard. to which the witness replied No, siree, did not
 Tom Jones told of meeting Duncan in Harris saloon in Birmingham several days before the Ellard killing and that Duncan said he would kill anyone who would swear he would not believe him on oath.
 Chief Bodeker testified that he received a message that Duncan wanted to see him at the county jail about the Ellard kill ing He stated that Duncan told him he wanted to tell the truth about the whols matter.
 Tine witness stated that Dupncan said: q did not fire the shot that killed Fl fh., xxrI,. xltd xx-as