The Birmingham age-herald., 1913-04-22
CASE is CONCLUDED;
ARGUMENTS BEGIN AT
9 O'CLOCK TODAY
Sheriff McAdory Says Metcalfe Car
ried Out Orders and Nothing Was
Done Without Sanction of
Special Counsel Bor-
den Burr

eating him in any way with the killing of
Felix ]. Ellard last March, Walter Met-
oalfe, chief deputy sheriff. told on the wit
ness stand yesterday his official connec-
tion with the case.
He emphatcally denied either directly
or Indirectly having entered into a con-
spiracy to kill Ellard or that he had n
any way shielded or attempted to shield
any one suspected of the crime.
The case was concluded at 4:45 yesterday
afternoon. the defense closing with the
testimony of Mr.. Metcalfe. The state Of
fered few witnesses in rebutal. The at
torneys for the defense offered to submit
the case without argument, but the state
objected. Each side allowed two
hours and the arguments will begin this
morning at o'clock.
In referring to his official acts as chief
deputy. Mr.. Metcafe said that he had
acted solely under the orders of the sheriff
and that he had tried to carry out his in
structons To almost every question re-
lating to alleged conversation with Teck
| Duncan asked in direct examination by
Mr.. Burr. he replied quietly but firmly
that Duncan's statements were not true.
Later Suggested His Arrest
He was closely cross examined by So
lcitor Hefiin, who asked him why he
asked Duncan the day after the killing
why he had killed old man Ellard. He
replied that he did, but it was in order
to see what effect it would have on him.
as Duncan had told him previously that
old man Ellard had threatened his (Dun-
can's) life. When asked why he did not
arrest him Mr.. Metcalfe replied that me
had nothing to arrest him for at that
time, but that later he suggested his ar
rest.
Sheriff McAdory offered interesting tes-
timony for the defendant, stating that so
far as he knew he had only carried out
orders and that at no time had anything
been done without the sanction of special
counsel. Borden Burr. He testified to
having had conversation with the gov
ernor and that he was informed by him
of the employment of special counsel.
Sheriff McAdory denied any attempt on
his part to ''block" the Investigations. but
asserted that he had given every aid in
his power to get at the truth of the case.
Ed Winston on Stand
The morning session of the court was
opened at 1o:0S o'clock with Assistant So
icitor Ed Winston on the witness stand.
He testified that MetcaIfe on the day
Duncan made his confession went to So
icitor Hefn's office and said that Duncan
was ready to make a full confession about
the killing of Felix Ellard. Winston
went with Metcalfe, but Duncan decided
that no one but Helin would do.
John G. Bradley testified that Metcalfe
was man of good character. E. NJ.
Moore, a resident of Coalburg, and B. e.
Hagan, a storekeeper at Coalberg, testi-
fed that Duncan was untruthful.
Eat Lee, a timekeeper at Arcadia, tes-
titled that Duncan was known by every
|, body as a big liar" S. B. Robbins of
Coalburg, Joe Gwin, John Howe and r.
s. Manning testified to the same effect.
During the cross examination by Mr.
White the plaintiff brought out the fact
that these men were employed by the
Pratt Consolidated company.
j. d. Moore, a member of the Moore &
Handey Hardware company, and DR.. H.
H. Martin gave evidence of Walter Met
| calfe's good character
Bodeker Is Called
Chief George Bodeker of the Birming
ham police force took the stand. On the
day of Teck Duncans confession he had
had a talk with him, but Duncan refused
to talk except to the solicitor.
Chief Bodeker stated that he staid
with him until Hehin's arrival and that
Duncan had no opportunity whatever to
effect private conversation with any
other person than himself. He stated
that Duncan declared he didn't fire the
shot that killed Ellard, but he was stand
ing close to the person that did.
After the conversation with Duncan,
Bodeker gave evidence of the conference
between himself, the sheriff and state
counsel, which resulted in naming four
Officers, two from the county and two
from the city, to investigate and work on
the case. 1t was further agreed that the
four officers should be allowed to see
Duncan at all times.
| He said Duncan told him that IL he
should tell everything there was cer-
tain man who would pay $1,000 to break
his (Duncan's) neck. Bodeker states he
does not know who the man thus re-
feri ed to was.
Character Witnesses Introduced
j. d. Scruggs testified that Metealfe was
man of good character. Frank A. Hew-
lit. II. C. Miller, John r. Copeland. ID. r.
1
same effect.
Leon w. Friedman testified to being on
the scene of the killing the night the dogs
were placed on thetrail of Ellard's slayer
He further declared he did not see Met
calfe, who was present, or any one else
call the dogs off b. II. Moore, of Moore
& Handley. testified in Metcalfe's favor
NJ. w. Howard. Teck Duncan's attor-
ney took the stand. When Attorney Glib
son asked him did Metcalfe employe him
to defend Duncan, he said: HE did moi. :"
] Howard stated that he was not ac-
quainted with Metcalfe when he was en-
poyed to defend Duncan. He also testi-
fled as to the agreement made between
him and Duncan and to the terms he was
to receive for rendering his services as
attorney %
| n. NJ. George. deputy sheriff. testified
that Duncan had said, after his convic-
ton, that he would get even" with Met
|
(COntinued ON Page Eleyen)