The Birmingham age-herald., 1913-04-20
STATE RESTS CASE
AND TRIAL RESUMES
MONDAY MORNING
Gun Is Brought Into Court and Identi-
fled as One Duncan Had at
the Time He Shot
and Killed Felix
Ellard


and White Gibson. attorneys for Walter
Metcalfe. chief deputy sheriff, on tria
n the criminal court before Judge Greene
and Judge Fort, Teck Duncan yesterday
reiterated his former statements in ref
erenee to the defendants alleged COM
plicity in the murder of Felix J. Ellard.
The states main witness took the stant
at o'clock Saturday morning, and Il
was almost noon before he was excused
With the exception of the testimony o.
Deputies Chris Hartsfied and Fred Nc
Duff. Duncan's testimony was practically
uncorroborated by any of the states wit
nesses. At times Duncan varied a little
from the story he told Friday. but IL
the main he stuck to his former state
ments.
In reply to questions he repeated tn,
alleged conversation that he had hac
with the defendant regarding the reward
he was to receive for the killing of Ell
lard, which he stated was 500 and q
iol, at 500 a month. When asked If he
had ever claimed it, he replied that he
tNelcdlleJ WIS Oul 6IOuS0 lOT dllOi1ltyS
fees, so he was not uneasy about it. He
also stated that when notified that his
attorneys had not been paid, he sent for
Mr. Metcalfe and Sheriff McAdory and
threatened to turn the cat loose un-
less they were paid.
Got Tired of Jail
He stated that later one of his attor-
peys came to the Jail and slapped him
on the back and said he had collected
$3.50 Witness declared that after his ar
rest he got tired of lying in jail and
that he informed the sheriff of his part
of the killing and said he was told to
clay low and everything would come
out all right Duncan's memory was bad
as to what Mr.. Metcalfe swore at his
trial, but stated that he had promised
not to swear anything that would hurt
him.
He said that he complained about be-
ing bothered by Deputies Hartsfield and
McDuf, and that he told the sheriff II
he did not keep them away he would tell
everything ard that after that they stayed
away. He got mixed up in his testimony
as to the disposition of the guns with
which he killed Ellard and of the state
ments he claimed to have made to Mr..
Metcalfe when asked about their hiding
place. He insisted that his mind was
blank in regard to an alleged confes-
sion said to have been made at the time
he alleged he was "doped' by Henry
Burford. He stated that he swore at his
trial and before the coroners jury that
he did not kill Ellard and that he was
trying to save his neck at that time.
Duncan's Reputation for Truth
Jim Buokalow, Bob Jones, George Jones,
John Jones and T. w. McAvoy were
placed on the stand to testify as to
whether Duncan ever served subpoenas
on them or not, two of them testifyng
that he had. McAvoy was asked as to
Duncan's reputation for truth ano verae-
ity, and stated that he was known as "a
terrible big liar In his neighborhood.
Chris Hartsfleld swore that ne saw Dun
can and Metcaife talking on the stoop
outside the sheriff's office the day after
the Ellard killing, but that there was
nothing unusual In the manenr OF their
conversation. Witness stated that he
and Fred McDuT were detailed on the
Ellard case and that after an investiga-
ton they wanted to arrest both Duncan
and Henry Cole, but that the sheriff and
Mr. Metcalfe both opposed It on the
grounds that too many arrests had
already been made"
Details of Investigation
He gave some of the details of the in
ts.-..t tf<s.. l. L.. 4
McDuff and stated that while they were
talking about the arrest of Duncan, a
city detective arrested him and took him
TO the city jail. He stated that their
efforts in making the investigation of the
Ellard killing had been blocked" but
by whom he did not know, and that they
were denied admission to the county jail
to talk with Duncan about the case He
said the sheriff informed him that under
Burr no one was allowed to see Duncan
except with their permission.
He stated that the sheriff, Mr.. Met
calfe and Mr.. Burr had told them to go
ahead and get at the truth, no matter
who 1t hit. He said some time after the
death of Ellard Metcalfe had said to him.
II believe your dope about the Ellard
killing was right after ALL and that he
never wanted any one shielded.
Fl. A. Duncan and Tom Paxton were
examined in reference to a rifle which it
was alleged was the one Duncan had
with him at the time of the Ellard kill
ing. The gun was loaded and the witness
was handling it rather carelessly when
Captain White said, Look ont. we have
no lawyers or judges to spare in this
CASE Judge Greene admonished the
witness to keep the muzzle pointed up
ward
McDuff Identifies Gun
Fred McDuff took the stand and denti-
fled the gun formerly belonging to
one of the Jones boys and that he had
seen it in the sheriffs office. His other
statements were practically the same as
those of Chris Hartsfield He stated that
in the conversation Duncan had with
Metoalfe on the stoop outside the sher-
IFS Office he heard Metcalfe tell Duncan
Ito come back tomorrow, and that when
he asked the sheriff about arresting Dun
can he said he would rather the coroner
swore out the warrant. He testified to
being denied the privilege of visiting Dun
can while he was confined in the county
Jail, but could not say whether it was
by Metcalfes orders or not. Asked about
the attempt to trail the assassin OF Ell
lard with the dogs he said Metcalfe used
(Contlmued On PAGE Slx)