The Birmingham age-herald., 1913-04-23
Arguments Completed Yes
terday and Case Taken
Under Amusement
COUNSEL PERSONAL
IN THE ARGUMENTS
Heflin Refers to Sheriff as Being
Implicated and Burr Says
Teck Duncan Cannot
Be Believed

At $50 this morning Judge S. E. Greene
and Judge W. e. Fort will announce their
decision in the case of State VS.. Walter
Metcalfe charged with being an accessory
after the fact in the killing OF Felix j.
EUard.
The trial has been on in the first divi-
sion of the criminal court since last Fri
day, and owing to the unusual circum-
stances has attracted much attention.
Counsel for both sides have been active
and alert in every phase of the trial and
every point has been strongly contested.
Solicitor II. P. Henin. Capt. Frank s.
White and Assistant Solicitor Hugh
Locke prosecuted the case The defend
ants counsel were White Gibson, Borden
Burr and Ben Davis.
Considerable bitterness was injected IN
some of the arguments yesterday, and de-
mandatory statements directed against
Sheriff McAdory and Borden Burr were
made several times by Solicitor Hefiin
He was answered sharply by Borden
Burr, who scored him for some of his
statements.
Take Up Duncan's Testimony
The testimony given by Tecls Duncan
while on the stand in the Metcalfe trial
Monday morning proved to be the center
of the arguments before Judge Fort and
Judge Greene yesterday. Court was
opened at 9.15 o'clock and was closed al
O5 by Capt. Frank s. Whites speech for
the state. Solicitor IT, p. Hefiin made
the opening argument. During his speech
he implied a belief that Borden Burr was
shielding guilty persons in the Ellard
Investigations and he further stated he
believed Sheriff McAdory to be ''guitier
than Metcalfe." He was answered by Mr..
Burr, who was next on the floor and who
said that he had no apologies whatever
TO make for appearing in the case.
Mr.. Heflin said that If the law had
permitted it he would have demanded a
jury to try the case. This he said was
not from any lack of confidence in the
two Judges on the bench but rather to
relieve them of the embarrassment of
passing upon the guilt or innocence of a
man as closely associated with the court
as was Mr.. Metcalfe in its daily work.
''You do not have to rely the testi.
'ifN
testimony of Metcalfe himself, and he
admits almost every thing that Duncan
charges-and that is sufficient When
he declared McAdory "guitier than Met
calfe" he said that If the sheriff hadn't
wanted to protect himself and Cole, he
wouldn't have called off Hartsfield and
McDuf. Paul and John Cole.
Work for Pratt Company
Now take the witnesses who came
up here and testified to Teck Duncan's S
bad character" said the solicitor. Every
one of them works now, or have
worked at one time for the Pratt Con-
solidated Coal company, the company
that paid the salary of McAdory' $
deputy sheriff, Henry Cole. These men
say that Teck Duncan is a big liar,
and I expect he is to some extent. but
ination and still stuck to every detail
OF the complicated story. There must
be some truth in it,"
Attorney Hefiin said II the testimony
of Duncan was true it would be worse
than the Rosenthal murder. For"
said he there was a man shot down
on the street. Here a man Is ambushed
by a hired agent"
Mr.. Hefiin dwelt upon the sheriff 5
conduct in giving orders that the offi-
GERS were not to see Duncan and the
significance represented Solicitor Hef-
lin further attacked Borden Burr for
tine part he took In the Ellard case.
whether he gave the orders McAdory
said he gave, I do not know. Anyhow
he went mighty hard after the Jones
boys. and now you see him on the de-
fendant's side
Burr Refers to Heflin
Borden Burr's speech for the defen-
dant was marked by irony In several
places. lie scored Mr.. Hefin for say
ing he would have had Jury to try
the case. 'ff guilty. Metcalfe would
fare far better with jury than with
these two learned men Indicating the
judges)," he said. at least one out
OF the / would believe him innocent
with this testimony"
Mr.. Burr then attacked the credt-
bility OF Duncan's statement. Every
witness on the stand has contradicted
this mans testimony, even to the negro
that lent him the gun with which he
killed Ellard. IL you believe Duncan =
testimony. your honors. you will ind
that he includes Chief Bodeker, Me