The Birmingham age-herald., 1912-05-31
 TICK DUNCAN GOES ON TRIAL FOR THE ELLARD KILLING Witnesses Say They Saw Duncan Near Where
 ElIard Was Shot
COLE CASE COMES
 UP THIS MORNING
Son of Assassinated Man Tells of Finding Father Dead-Duncan and Cole Seen Together
 at Church

The trial of Thomas A. Duncan alias Teck Duncan is on in the first division of the criminal court. Judge Frank Cahai- an presiding. Duncan Is charged with the murder of Felix J. Ellard, who was assassinated on the Hoadley road, near Lewisburg on March IS. 1912.
 The morning session of court yesterday was consumed with the disposition or other cases and the selection of jury. The case of Henry Cole, charged with the same offense, was continued and will come up before Judge Green this morn ing. Messrs Bowman, Howard and Wea- yer are attorneys for the defendant, Solic- itor H. P. Hehn, Capt. Frank s. White and Attorney Robert N. Bell are repre- senting the state.
 The courtroom and corridors adjacent 10 the court were crowded with the jurors and witnesses. in the case, while many spectators were on hand, attracted by the noted trial.
 Jury Selected
 The jury was selected without mueh difficulty and is as follows:
 Cecil G. Duffee, precinct S7, bookkeeper
 John w. Billings, Sr., precinct 2l, clerk.
 will Watkins. precinct Ss, foreman.
 John M. Carr, precinct 21, president insurance company.
 Arthur B. Benson. precinct 34, clerk
 Alonzo J. Taunton. precinct 10, cleo trician.
 Lymon owens, precinct S9, machinist.
 w. oscar Robinson. precinct At, ma chinist.
 William H. williams, precinct SS, car penter.
 William C. Muir, precinct %, merchant.
 Cary F. Baker, preclnct 2, assistant secretary.
 Will A. Bailey, precinct 20, carpenter
 At 2 o'clock yesterday afternoon the trial commenced. Claud Eilard. son or the deceased, was the first witness Tor the state. His testimony did not connect Duncan with the killing and he was not cross-examined by the defense
 Left Home in Buggy
 He told of his father leaving home Tn buggy on the morning he was Killed 10 go to Birmingham and that about o'clock. that afternoon he saw the horse and buggy coming up the road. He said he made an investigation and saw that the buggy was smeared with blood ana cushions disarranged He told of getting in the buggy and driving down the road toward Birmingham, where he found his father lying on the side of the road with gunshot wounds about his head and in a dying condition. He called for help and stayed with his fathet until help came and the body was removed.
 He stated that MT. Lyley was the first one to come to his assistance and that Lyley went for help and that he returned with a doctor and several others, includ- ing Henry Cole and Teck Duncan. He stated that later he, with others. made an investigation and saw evidences of | "blind'' or ambush in two places along the road
 Lyley Tells Story Reuben LyIey testified that on the day reli, E,llard was killed he, Lyley, was at home. During the afternon he heard d shot fired and about 45 minutes after heard loud cries for help. He stated he went in the direction of the cries and found cIaud Eilard seated in the road with his fathers head in his lap and that the elder Elard was badly wounded about the head. He went for assistance and returned with pr. Scott Bob Cline, Dep uty Sheriff John Potts and man who was later pointed out to him as Henry cole. ue also testified to finding a blind" on the side of the road. He was cross examined as to the time he heard the shot and the time he heard the calls for assistance.
 Sam McCleney, Sr., testified that on the night before Felix Ellard was killed he talked with Teck Duncan, who was near school house at the, rear of the church at Coalburg, and that Duncan had with him couple of guns. He said he asked Duncan what was the matter. the latter replying he had been sent for on account Of some expected trouble. Witness first said Felix Ellard's name was not mem toned but later said it was mentioned in a general way. He said while he and Duncan were talking Tom Patton came up and someone told hin he was putting in and he, Patton. withdrew.
 Saw Duncan in Woods
 Jeff Heron testified he saw Teck Duncan about le.20 o'clock on the day of the assassination, and that he was going through the woods in the direc- ton of the road where Ellard was killed. He stated he was dressed in dark suit of clothes and wore light hat. On cross examination he said