ATTORNEY SEEKS THE RELEASE OF KILUAN APPLICATION MADE FOR HABEAS CORPUS WRIT. Killlan Claim He Is Imprisoned Illeg. ally Hearing Will Be Conducted Today Before Judge Ismg. Alleslng Illegal Imprisonment, counsel for Jonn Kmian, wire i . for the action of the grand Jury In , connection with the killing of George Bates Sunday morning, ye sterdsy ap- ap- plied for a writ of haheas corpus io Judge B. F. Long in order that the legality of the petitioner's imprison' ment in the Buncombe county Jail may be Inquired Into. Judge Long declined to sign the order until the solicitor can be In court to represent the state In connection connection with a hearing to determine whether ths writ should be issued, which the court set for 3 o'clock this afternoon In the Superior court room. The petition eeta forth that Killlan was committed to the county Jail after after coroner's Inquest was held over the body of Georg Bates. Continuing Continuing the petitioner sets forth that In .the copy of the commitment which Is attached to th paper, the court will see that It was not found that George Bates came to his death at the hands of the petitioner, but the coroner's Jury found as follows: "That George Bates came to his death by a knife wound In the hands of Andy Bates or John Killlan." It Is alleged that tha Illegality of the imprisonment consists of the fact that the petitioner has never been found to be in any way Implicated in the killing of Bate by any court or Jury. Th petition asks that th sheriff of Buncombe county be direct-ad direct-ad direct-ad to produce the body of the petitioner petitioner in Superior court in order that his Imprisonment may be Inquired Into.