The Birmingham age-herald., 1913-04-19
Chief Deputy Charged With
Completely in the Killing
of Felix Ellard by
Teck Duncan
TWO JUDGES OF THE
CRIMINAL COURT ARE
ON BENCH JOINTLY
Duncan Reiterates Former Statements
That He Had Been Offered In
ducements to Kill Ellard.
To Be Cross Examined
This Morning

Sensational allegations were made yes
terday by Teck Duncan, while testifying
al the trial of Walter Metcalfe, chief
deputy sheriff, who was indicted by re-
cent grand jury on charge of being an
| accessory after the fact to the murder
of Felix J. Elard. He reiterated former
statements that he had been offered in
ducements to kill Eilard and implicated
Mr.. Metcalfe In an alleged plot between
the late Henry Cole, himself and the
chief deputy.
He was on the stand when court ad-
journed and will be cross-examined this
morning. He made a long statement as
to alleged details of the plot to kill FL
lard and of the grusesome incidents of
the assassination. describing in detail
how he laid in wait for his victim and
how he shot him in cold blood. He de-
MED, however, that he shot Ellard from
ambush but said that he met him face
to face and that Ellard drew a large
pistol and attempted to shoot him.
Teck Duncan was brought to the
city Friday morning by Capt. J. f..
Perkins, state transfer agent, arriv-
ing at the Louisville and Nashville de-
pot about IL o'clock. He was taken
direct to the courthouse and given a
seat in the office of Solicitor Heflin.
During the trial Duncan was allowed
in the corridor where many of his for
mer friends and neighbors were seat
ed and chatted quite freely with them.
He was smoking cigar most of the
time and seemed in the best of spirits.
Later in the day he was seen dining
at the downtown lunch counter with
Captain Perkins, and ate his pom
pano" with evident relish. When asked
how he was getting along he replied,
"As we'll as could be expected, I reck-
on"
He also stated that he has been treat
ed good by the prison authorities.
He refused to talk about the case on
trial. Captain Perkins and his prisoner
were registered at local hotel.
Other Witnesses Introduced
Two or three witnesses for the state
were introduced whose evidence had to
dc with the killing of Ellard and in no.
ing for the chief deputy are Messrs. Glib
son & Davis and Borden Burr. and for
the state Solicitor H. p. Heflin, Capt.
Frank s. White and Assistant Solicitors
Ed Winston and Hugh Locke. Attorney
James NJ. Russell brother-in-law of FL
lard, is also present.
The case is being tried in the first
division of the criminal court and at the
request of the defendant both Judge
Greene and Judge Forte are on the bench.
The case was reached yesterday after
ber of witnesses for both sides were
present. Previous to entering into the
trial Judge Greene made the following
Statement in reference to the two judges
being associated in the case.
Judge Greene Explains Law
"The law, as is well known" said
Judge Greene. provides that any de-
fendant charged with the commission of
misdemeanor may demand, within 10
days from his arrest, trial by jury.
In this case the defendant has expressly
waived that right and requested the two
judges of the criminal court to sit to-
gether in the trial OF his case. The law
creating the office of associate Judge of
the criminal court provides that the two
Judges may try cases separately or joint
ly. The two judges have, therefore, de-
cded after due consideration to sit Jointly
in the trial of this case. 1t will s,lr
prise no one connected with the case to
be informed that both judges would have
been pleased to be relieved of this re-
sponsibility.
"As mode of procedure, we have
agreed that l shall rule on questions, of
law as they arise, subject to the right
Of my associate in the trial of this case
to object. in the event any ruling should
not be in accordance with his view of
the law"
Verbatum Report Duncan Testimony
The verbatim report of Teck Duncan's
testimony as taken by Court Stenographer
John p. Evans is as follows:
BY Capt. Frank S. White:
O. Is your name Thomas A. Duncan?
A. Yes, sir.
c. Called Teclz? A. Yes. sir, they call
me Teck Duncan
~ MI i|uiiSdh, dic you tit same man
who was tried here for killing Felix ].
Ellard2 A. Yes, sir
Q. When was the first time the killing
of Ellard was mentioned to you by any
body? a. The first time it was mentioned
to me was about two weeks before it hap
pened
q. Who spoke to you about it and what
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