John Killian

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John Killian - I GIRLS ARE HELD IN WITH KILLING John KiUian...
I GIRLS ARE HELD IN WITH KILLING John KiUian and Andy Bate Each for Appearance Lighter Bonds Following a hearing ill Hup'rlor IOUHI yenienlay afternoon1 Into the circumstances m i uumling he killlnv of Oorge But'n lnt Sunday morning. a petition fur h writ ot habeas curpus having lnri nisdi by John Kllllan, one i . f die men htilil for the homicide liy I tie coioinr's J u r . Judge B. F. J. niiie il.cliled iliut probable cause hart lin inmle oul, and djudgd that John Kllllan ehniikl lie held for the next lerm of rrltiilrinl court to anawvr tlm i hurtie until he Iiuh f iirnlnh-' iirnlnh-' iirnlnh-' il a hond In the mim of 2.mi0 for hie up-peHmnce up-peHmnce up-peHmnce In i-ourt. i-ourt. i-ourt. At the reiint or cnunael for Andy liatee, th- th- father of George Uatee, hIhu lieltl ly the rurnn-er'a rurnn-er'a rurnn-er'a Jury for the killlnu of h! non, Ueortte, bond wa aleo fixed III the kuiii of $2,000 for Andy Half' appearance appearance at the lint criminal term or Kuperlor vourt, Two t.lrlM Held. II wae alao aillndged by the court I hill Hreele Muiihiv and Eeelr Hn- Hn- mon, the two alatere, were probably Involved in the I run Me mid probuble caiiMi of their complicity being found after a hearlnK of the teetlmony of prrxona conmcted with tho caae, the xherlft waa directed to take them Into ciietoily until they "bull each have furnlihed bond In th mini of I&00 to anewer any chariree which may be preferred agalnat them by (hi. etate, and a I Q to Insure their preeence a witneane In the caa. After all other wltneeee in the caa had been examined Solicitor J. E. Swain unexpectedly announced, "I want to put Andy Ilatcw on th aland agalnat th defendant, John Kllllan." To thl proceeding, Judge Phillip C. Cock, couneel for Bat, objected un-til un-til un-til he waa amured that the witneaa would not be required to anawer any quiattona tending to Incriminate mm and oounael would have ample oppor. tunity to Inform th witneaa ot hi oonatltutlonal right to refuse to a awer queetlona put to him, whereupon he withdrew hi objection, and Andy Bate took th itand, and waa allowed allowed to make a atatement of what he knew of the homicide after Judge Long had dictated th following atau-rnent atau-rnent atau-rnent to the court etenog rapher: Judge Img' Htatemciit. "Andy Bat having betn called a a witneaa by th date in tnt lnca. ligation, not Inatituted for th purpot of InveatlgaUng any onarg againit Anay Bat, tn coun iaie iq. in wltnea that aa th wltn 1 charged with complicity In the homicide, he I not required by law to make any tatement connecting himself with th alleged erime or involve hlmHf In any way. he 1 alo Informed that an? failure to anawer questions ghall not b uaed agalnat htm in trial of hlm elf with referenc to trial of any charg of murdfr of the deceaaed, aeorge Bat.'Sv''''-ji-; Bat.'Sv''''-ji-; Bat.'Sv''''-ji-; Bat.'Sv''''-ji-; v. ..,-.,:.. ..,-.,:.. ..,-.,:.. . Turning to the witneaa, Judg Long thn aid: "Tou ar pot required to teatlfy ggalntt youraelf, and If you r-fuae r-fuae r-fuae to ieatlfy. your rfual will not b uaed against you." Judg Cook then vtated thM a hl client u mor vrd in , pipe-laying pipe-laying pipe-laying than in knowledge of hi constitutional right, he would aak that ample opportunity thould be given counsel to Impose objections, objections, after each question put by the aollcttor. In answer to queatlon. Andy Bat mad th following statement: George, my on, . waa twentjf-four twentjf-four twentjf-four yar old. I don't know my own age exactly, but X am about forty-nine forty-nine forty-nine year old. I rememner Jr. ivnuau coming to my house. I saw Kill In with a watch. I heard him trying to make a wap for George' overcoat After they left for the night, l weni down to the old vacant house and told them to come out aa they might set It on fire. Hubert white came aiong then. Ho wee drunk, o t took him home. A Hubert and I were walking along, I fell down ana anmnea my none. When I got to tne top or tne hill with Hubert, I called to George to come on home. He came home nim- nim- elf about twenty minute later. He came In and aald. 'Papa, I am atok.' said. 'Do you want a doctor, son 7 He said, So,' Ten or fifteen minutes later he died. 1 waa drinking. I had three or four drinks." On cross-examination cross-examination cross-examination by Judge Thomas A. Jones, the witness denlea thot he had ever tried to cut his son with a knife on previous occasion or hat he had ever had fights with his son, otner man errpris 10 mime mm behave himself. The witneaa added: 'When I told them to come out of the old vacant housii down the alleyway, Qeorg-e Qeorg-e Qeorg-e came out and auld: "Papa, you go on up to the house.' George and 1 got Into an argument. I think It must have been about their being in the old house. I went on up the alley with Hubert White. George did not complain of being cut then. He came up home about twenty minute after that. - Slntcr Sworn. Jrasle Bates, sister of the deceaaed, was sworn and teethed as follows: "As 1 o'clock I saw my brother. He waa deed and lying across the kitchen iloor. Mr. Kllllan, Essie. Bessie and my father and stepmother were th-re. th-re. th-re. Mr. Kllllan said, pointing to George, CONNECTION OF GEORGE BATES Placed Under Bond of $2,000 In Superior Courts- Courts- Required for Girls. "Thai ii good old scout of mine." " In BiiHr to Ihe question whether he hurt orherd conversation lftwecn her brother hihI Kllllan, the wltnef (exliripd thin not Ionic ago while standing standing with her brother on Pack square, Klllinn ciiine up ami nalil to George: "Vou have donr- donr- me Hrt. taking my woman nut with another tnun. and I'll net even with you." "lenre had been KolnK with Mr, Kllllan iiml Essie Weaver," th witness witness teHllfled. ICmmIc Red mon Hworn. Ksnle Kedmon was' sworn and testified testified as follows In part: "T live on Huttrlck street. George csme to my house between and JO o'clock Bat-urdiiy Bat-urdiiy Bat-urdiiy nl.rlil. Mr. Kllllan came later. He wan -il -il to trade a watch for (ieorge's overceat. George didn't want to trade. Later they made the exchange exchange at th Crystal cafe on Patton avenue. 1 saw the, tight. Kllllan, George and Andy Bates. They fought standing up. After the fight George cam up to me and said. 'Kesie, 1 am cut.' Then he fell. While they were fighting, Mr. Kllllan went down to separate (hem, I heard him say: 'George don't lilt your father.' " Upon her cross-examination cross-examination cross-examination the witness said she Just Inferred that Kllllan went down to separate the father and son, anil" that for all she knew he may have gone down to flht. Bessie Munsey was sworn and testified testified In part as follows in answer to questions: "I am eighteen years old. I have been going with John Kllllan since 1 was twelve years old. II Is a married man. Ye. I have . husband. husband. We were married a year ago. He Is on th rhalngsng. To", 1 have been going with Kllllan both befor and after 1 waa married. "I broke an engagement with Kllllan Kllllan to go with George and Bessie to Skyland to see his sister, Jan. When w got hack to Patton avenue, John cam over and told me to get out of the vehicle I was in. I got out. George says to Kllllan, 'John you can't whip me.' " Were at Bates Uouae. Concerning the incidents of the night of the homicide, the w lines added: "We were at Andy Bate' house. I had taken on drink. Th others ware drinking and playing the organ. When myself, Easle, John and .George left the house, Andy followed u down toward Poplar street. George, told Andy to go back to th house. I don't remember seeing John, but he waa with us. When we left the Bates' house he was walking with me, and George was walking with Essie. Essie. George and Andy got Into a fight. I saw them hitting each other. After a while they stopped and George walked up to Essie, and said, 'Baby, papa ha cut me." Later I saw Andy with a blackjack and a knife." Th witness wm then Shown a hatpin hatpin and a feather from a hat found in the vacant house, admitted that they belonged to her, but denied having having been in the vacant house on the night of the homicide. i The other witness examined were Detectlwes O. M. Davenport and H. T. Dillingham, who investigated the homicide early Sunday morning; and A. L. Carson, who testified that he heard Andy call to George sometime between 1 nd t o'clock Sunday morning. Mr, Carson also testified that he heard loud voice and cursing on the night of the homicide. The testimony of the detective was practically practically the same a they gave before th coroner Jury. An opportunity was given John Kllllan to make a statement, but upon advice of counsel, he declined. Detective Detective Davenport testified that the character of Eeate Redmon, Bessie Munsey and Jessie Bates was bad He testified that Kllllan character waa good, and that he had never been In criminal court on any charge that he knew of. He alo testified that Andy Bates' character was good. At the conclusion of the hearlnv. Judge Long announced that he wae of me opinion that moat of the witnesses nw more than they were telling. J. W. Neely & Co. For Boys' Clothing. ASHEVILLE SCHOOL WINS BY BIG SCORE The Ashevllle school's third football team yesterday defeated th North State Fitting school team at the Aahe-vllia Aahe-vllia Aahe-vllia school by a score of JO to 0. Ieck of experience on the part of the North State ream's players resulted resulted In an easily won victor for th Ashevllle school. The game was fea tured by the good catches of forward passes made by Waller, a sixty-yard sixty-yard sixty-yard run by rfctch-Wiggs rfctch-Wiggs rfctch-Wiggs and Walter's headwnrk at quarter for the Ashevllle school team. I I of hi on

Clipped from
  1. Asheville Citizen-Times,
  2. 04 Nov 1915, Thu,
  3. Page 12

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