John Hale's shots and kills
ADMITTED T(T BAIL, Result af. AH-Interestlng AH-Interestlng AH-Interestlng Habeas Particulate- Particulate- f th Killing of Sara Jim", at Dover, Jy John Hale, en ; ,. Christmas Dy. - A very- very- interesting Itheai terpiiTttn eame up before Chancellor Carroll yester day. 11 was a case In which It was endeavored endeavored to effect the discharge of John F. Hale, .of Dover, Pope county, from cottony, for tbe killing ol Bam,. James, at that city, on Christmas day. -- -- The circumstances of toe tragedy are substantially taJullowt: Mr. Hale la an eld citizen ef the-eouety-aod the-eouety-aod the-eouety-aod the-eouety-aod the-eouety-aod hasJspg bees a prominent merebantat -Dover-JJn -Dover-JJn -Dover-JJn -Dover-JJn Saturday preceding Christmas he waaoo the street and met Albert Junes, a brother of the murdered man. Either in sport or la earnest he jammed tbe young man's hat over his eyeswile had been drinking a little. . Albert James sprang at his throat and scratched bis neck. After thinking Over the matterr-ilale' matterr-ilale' matterr-ilale' baoted James up and apologized to him for what he had done, saying that he felt Sorry for It,- It,- and - ha - could aiek him ail over tawn it he wanted to. James- James- accepted the apology, ana both declared the matter settled. liale.Lb.ough a qniet jnan, is a very brave one, ' and bears " the reputation of being gulek-ta gulek-ta gulek-ta forgive-,.. forgive-,.. forgive-,.. Albert , Jamgt JCx brother, however,- however,- Sam James, who bore tbe reputation of being a determined, desperate desperate man.- man.- He objected to -the -the burial of the hatchet by his brother, and swore that b would kill Uale. JUe made many threats, and followed Hale up during Sunday Sunday and Monday. Tuesday being tbe day of the murder. Hale beard of the threats through bis friends, but showed wonder- wonder- ml forbearance. James went to nu nouse Christmas morning, when be had not been there before Tformonths;Trad Hnle.toavoid a disturbance, left his home and went down town. James met him once, and ran his hand over tbe scratches on his neck, and said: "It looks as If cats bad been scratching you." In all of these meetings he avoided an encounter. It is in evidence that a friend of Bale's advised him to remain away from a Christmas tree because James and his friends would be there, and provoke a disturbance. Finally, Finally, on Christmas night, Hale was in Dr. Kirksev'a drug store. There was a back room in which tiddlers were plaj ing. James asked Hale either to go out with him and get some cider, or to come out that he wanted to see him. Hale said: "Ob, let's wait until the tune Is finished." Thereupon James grasped him by the.lapel of - the-"- the-"- the-"- eoat, and in order to avoid being dragged, went with him into the front room. Tbe tragedv happened quickly. There is some contusion amongat the witnesses, but they agree that Hale said, "You have been mookevlng with me all dav. If you are ttoing to do wbat you have threatened, do lt now." James replied replied fiercely, "I'll do it very soon," and seized Hale by the throat,, bis right haud belnir in bis pants pocket. This seemed to Hale to be tbe culmination of the insults insults which he had patiently borne, and he pulled hia pistol and shot James, killing killing bim instantly. He was taken before a magistrate and committed to jail without bail, on a charge of murder in the first degree. He was brought before Judge Carroll on a writ of habrat corpus, bis attornevs. Col. It. A. Howard and Hon. O. W. Ca-rutb, Ca-rutb, Ca-rutb, trying, If possible, to effect bis complete complete release. The state was represented bjj Attorney-General Attorney-General Attorney-General Moore. Messrs. Howard and Caruth presented tbsii" ease in a mostH'oreible and eloquent manner. Tbelr arguments occupied about two hours. The chancellor decided that he had no right in tbis case to discharge the prisoner, although he did not think that a case ol murder, or even manslaughter, could be made of it. Yet be must be held for a trial by a petit jury. He., however, released tho prisoner on bail of $1500, to appear botore the next term ofthe Pope county circuit court.