Asheville Citizen-Times from Asheville, North Carolina • Page 12

1 THE ASHEVLLLE CITIZEN, THURSDAY, NOVEMBER 4, 1913. DECISION RESERVED III MILLER JO NSO CASE SAVED FROM PRISON BY WIFE'S DEVOTION GIRLS ARE HELD IN WITH KILLING CONNECTION OF GEORGE BATES i H. IiAW, 5 Patton Aw. HoaarfnrnlkhiiiK Dep't. "Wlier Hood llimx lionx-rn Shop." Household Rpeouillles of Proven Quality Thai Kkvp Time and Labor CnEAM DIPPERS This In a splendid little article, it removes all the cream from the top of bottled milk, unniised with milk for coffee, ceres Is, etc.

Kvery good housekeeper should have one, each So SOLID ALCOHOLE STOVES of the greatest modern utilities, can be lined anywhere and 'carried everywhere, tine It In the kitchen, dining room, nuraery and sick room, complete aet. price WOOL WALL Dl'STEKS Fluffy wool dusters on a sla-foot handle that cleana the highest ceilings to perfection, price each TO BK CONTINUED A Few Seasonable Suggestions From the Boys' Department 3rd Floor Dr. Denton Sleeping Garments for Children Sizes 2 to 10 years. Small sizes made with drop seat, and cuffs that can be rolled down and tied over hands. All sizes in stock.

Boys'. Pajamas Fine Quality Outing, sizes 8 to 18 years 75c, $1.00 and $1.50. Boys' Union Suits Tan or Gray, sizes 24 to 34; 50c, $1.00 and $1.50. Musser Stockings The best boys' stocking made; just try them you 11 be surprised how much longer they wear than the ordinary stockings. Sizes 7 to 10 1-2.

Do your buying bar I' pi you. But whnvr yoa boy, BUT IN ABHEVILLB. THB SHOP OF QUALITY. 1 1 Patton Ave. Phone 78 HILL'S PIT UP IW ONE POttNP CARTONS IN LINK OR BULK PEERLESS COME IN AND SEE IT MADE FRESH EVERY DAY IN OCR SANITARY SAUSAGE DEPARTMENT Poultry Feeds It Is Important to give the Correct Clean Feed and to Have the Proper Feed Hoppers Drinking; Fount to Make Raising Poultry Pron table a Well as a Pleasure.

Yoa Can Get These and Other: Poultry SnppHes AT STRICKER'S SEED STORE. GLOBE SCRATCH FEED I the cheapeet feed for poultry, because It Is the rieaneet and the most even balanced rationed feed. Price Sc Per 3.40 per 100 lbs. L. R.

STRICKER, Seedsman Cor. College end Lexlngtoa. Pbone 1(3 1 We Sell Everything That I Planted. John KiUian and Andy Bate Each for Appearance Lighter Bonds Following a hearing ill Hup'rlor IOUHI yenienlay afternoon1 Into the circumstances i uumling he killlnv of Oorge But'n lnt Sunday morning. a petition fur writ ot habeas curpus having lnri nisdi by John Kllllan, one i die men htilil for the homicide liy I tie coioinr's 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 iirnlnh-' il a hond In the mim of 2.mi0 for hie up-peHmnce In i-ourt. At the reiint or cnunael for Andy liatee, th- father of George Uatee, hIhu lieltl ly the rurnn-er'a Jury for the killlnu of non, Ueortte, bond wa aleo fixed III the kuiii of $2,000 for Andy Half' 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- 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 to anewer any chariree which may be preferred agalnat them by (hi.

etate, and a I 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 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 to make a atatement of what he knew of the homicide after Judge Long had dictated th following 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 uaed agalnat htm in trial of hlm elf with referenc to trial of any charg of murdfr of the deceaaed, aeorge v.

Turning to the witneaa, Judg Long thn aid: "Tou ar pot required to teatlfy ggalntt youraelf, and If you r-fuae to ieatlfy. your rfual will not uaed against you." Judg Cook then vtated thM a hl client mor vrd in pipe-laying than in knowledge of hi constitutional right, he would aak that ample opportunity thould be given counsel to Impose objections, after each question put by the aollcttor. In answer to queatlon. Andy Bat mad th following statement: George, my on, waa twentjf-four yar old. I don't know my own age exactly, but am about 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, 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, 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- elf about twenty minute later. He came In and aald.

'Papa, I am said. 'Do you want a doctor, son 7 He said, Ten or fifteen minutes later he died. 1 waa drinking. I had three or four drinks." On 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 came out and auld: "Papa, you go on up to the 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. Mr. Kllllan said, pointing to George, IDC th In he the run Placed Under Bond of $2,000 In Superior 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 with her brother on Pack square, Klllinn ciiine up ami nalil to George: "Vou have 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 teHllfled. ICmmIc Red mon Hworn. Ksnle Kedmon was' sworn and testified as follows In part: live on Huttrlck street. George csme to my house between and JO o'clock Bat-urdiiy nl.rlil. Mr.

Kllllan came later. He wan -il to trade a watch for (ieorge's overceat. George didn't want to trade. Later they made the 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 Then he fell. While they were fighting, Mr.

Kllllan went down to separate (hem, I heard him say: 'George don't lilt your Upon her 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 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. We were married a year ago. He Is on th rhalngsng. 1 have been going with Kllllan both befor and after 1 waa married. "I broke an engagement with Kllllan to go with George and Bessie to Skyland to see his sister, Jan.

When 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 Were at Bates Uouae. Concerning the incidents of the night of the homicide, the 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 left the house, Andy followed 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.

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 and a feather from a hat found in the vacant house, admitted that they belonged to her, but denied 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 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 the same a they gave before coroner Jury. An opportunity was given John Kllllan to make a statement, but upon advice of counsel, he declined. 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 criminal court on any charge that 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 school by a score of JO to 0. Ieck of experience on the part of North State ream's players 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 by rfctch-Wiggs and Walter's headwnrk at quarter for the Ashevllle school team. "3 Try Our Fresh Nut Brittle CANDY KITCHEN AND CLUB CAFE.

Haywood Near P. O. Phone 110 and 1H, ED DISTILLER'S SENTENCE. I With Babe la Arms Pretty Mrs. Amnions of Jackson County.

Pleads For Her Husband's Freedom. Holding her Infinl babe tightly I her arms, pretty Mrs. Aimnons. tti young wife of A. 8.

Amnions, a con vlcted distiller, of Jackson county, re celved the undivided sympathy of ev ery one In the fnlted Htates DIs trlot court yesterday when she ap pealed 'to Judge James K. Hoyd let her husband return home with her under a suspended sentence. "Th pathetic words of th heartbroken woman Impressed the presiding Judg to such an extent lhat he told the prisoner for the ake of hi wife and child he would give hlra chance to live true and correct life, Th Judge also warned Amnion against any law and par tlcularly th Internal revenue act. When the Case of the govemmen aralnst Amnions was called, th in lerest of the entire court cen tersd In the yourtg- woman and her babe. She sat throughout the trial gazing at her husband, except at time she would glance quickly at the judge or the Jury when some par Ocularly Intricate point was discussed During the charge she appeared to see only the Judge and It Is prob able that one of his able words reached the bottom depths of her When she was called upon to testify she went to the stand fearless and unabashed, Her account of the cause of her husband being at the still could hardly be doubted.

Ac cording to Amnions' wife, the prisoner went to the 'still on an errand of mercy. "I was very 111." slated Mrs, Ammons, "and my husband went at my request to get some whiskey which I thought would strengthen me. Ho was caught there and now he Is In this court with every chance of his being taken away from me and my baby and locked up In a prison. Plea, Judge, let Wm go horn with tn and th baby and I promise that he will behav himself. I promise that will turner hang around any mora bloc leaders About thl time the unhappy worn an' eye were filled with tear and nothing but her sobs could be hearj but qulokJy regaining former composure.

Mrs. Ammons turned to Judge Boyd and made her final plea "Judge," she pleaded, "please let mi man come home with me and if does not behave himself, brine him Into court again and give him the limit" Every one in the courtroom learned a valuable lesson from the words of Judge Boyd when announced to Am mon tbah on his wife' account hi sentence west id be suspended, conditional upon as) iurther violation of the law on hlsi part. told Amnions, to return to hi home In the mountain with his devoted little wife and their baby and make their future Ufa happy, He warned him against the evirs of liquor and stress th fact that the Federal govern. ment was always active In bringing Illegal 'still operators to justice, The Judg told Mrs. Ammons that she had a friend, not only In him but in every Judge, but added that In his belief it waa not probable she.

would ever have to appear in a court house again. When the happy couple left the Federal building yesterday Ammons was the recipient of a silent congratulation from every one and it Is safe to state that there la a happy little home-sead today In th mountains of Jackson county. Th Weather a Yraw Ago To-Day Rain. Temperature, High 5 so, Lowr 51" remember Laxative Bromo Quinine cure a cold In on day. There I only on "Bromo Quinine." Look for ig-nature E.

W. GROVE. lie. Bwltierlnnd highest aerial tram way, a mile and a half long and climbing to aa altitude of nearly a mile, was built ole)y for sight-seeing tourist. Grind the Ear Corn and Nubbins And Make Good Feed Use An H.

Engine With An "IH.C." Corn Crusher. Great OutAt for Every Farasev Feed-lac Stock. TWO PLAINTIFF GET VERDICTS AGA1NHT BOITHERN. Motion to Kct Aside Vrrdkt of Jury I Argwd By Conn In Superior Court At yesterday morning's session of Superior court the only two cas -s disposed of were thosr of Jesse Wei 'n and Garfield Burgin against the Southern Hallway company, tn -which action was brought for the recjvery of damage for Injuries sustalne.1 when th plalntff were thrown fnm a handcar, awarded dkmages In tbe sum of 1100 and $125, respectively, In the verdict returned by Ihe Jury. At the close of the afternoon session of court, Judge B.

F. Long announced that wished to meet all attorneys having rases on the calendar at 'S0 o'clock thle morning, when court con-vanes. Counsel In the rase of Lulu R. Miller and others against Robert P. Johnston and others.

In which caa an estate valtieA at 100,000 was awardd the plaintiffs by the trial Jury several days ago, argued for and against the motion to set aaide the verdict. After listening to the arguments pro ad con. Judge Long reserved his decision. "Counsel for the defendants argued that the verdict should be set aside because J. R.

Garren, a juror, visited the property in question and talked to a lawyer regarding the caae during the progress of the trial: also because R. F. Monday Is a second cousin or Jacob Weaver, one of the defendants In the case; and further, because a deed which waa not offered at the trial has been discovered which might be of advantage to the defendant's side of the case. In answer to the fore going points made by the opposing counsel, attorney for the plaintiffs argued that the verdict should not be set aside, as Monday did not know he was a relative of Mr. Weaver until this morning; and that Mr.

aarren was not aware that he waa violating any of his obligations aa a juror by making the remarks he did concerning the case. Arguments of counsel In the case of J. D. Pinner against Baxter 8hem-well, Involving recovery of about 120 for labor performed will be heard thl morning. DISTILLING CASES III FEDERAL COURT Several esses against person charged with distilling were disposed of in yesterday' session of the United States District court with Judge J.

E. Boyd presiding. The following per sons were fotind" guilty; Alfred Can-trell, L. C. Eller, Matthew Rowland.

John Williams, Jama Lackey and A. 8. Ammons. Eller waa sentenced to pay a fine of 1200, and a suspension a five months sentence waa made tn the case of Williams and for an Indefinite time In the case agalnat Ammons. C.

McClure waa found not guilty. 1 The official building permits Issued by leading American clttes for the first six months of 1915 toUled 79,61 9, a decrease of or nine per cent, compared with the same period tn 1914, A RARE BARGAIN We have one Two-Speed Motorcycle In. first da running condition. We will sell -It to the first man who offer us 1100.00. EASY TERMS If you are thinking of buying a motorcycle, this Is your chance and it will pay you to see us at once.

J. M. HEARN COMPANY No. 4 Battery Park Place. Near p.

o. Phone 448. While They Last Solid Brass and Copper Flexible Portable Lamps, Complete With Shade and 40-Watt V50 Maida Lamp, for only 9a Thl I a chance for you to get a choice reading or desk lamp at a big reduction. 64 Patton Avenue. Opp.

Postoffice. "Rogers Grocery Co. Wholesale. Daniel Webster Town Talk, Red Wing." STONE FRUIT CAKE. This is an especially nice cake Just like the ones that are made at home.

With the bet of fruit and spices. Every cake 1 thoroughly inspected before being wrapped. One Pound Packages, 30c. J. J.

YATES Good Groceries, and Efficient Service. CHINA GLASS Tin, Enamel, Aluminum Wares Variety, Quality and Values. The IXL Dept Store II BROADWAY. Phone JOT. Lnngren Bldg.

For the Reason Our gystm of making glaaswa Include the personal 41a. tlnctlve individual application of thing hay learned in designing, fitting and making Yon will vntually nom to oa beaua our rylo atlsfl. Charles H. Honess Optometrist and Optician 14 Patton Fostoftlo ACHEERYFIRE On that bnrna freely, and glvM plenty of heat la th kind of a fir that make th happy horn. W.

COAL la th kind that makesa good, satisfactory flr ALL th tlm. Phone 40 Co, F. M. WEAVER, lfanafr pforth Peok Square. Fcrnilcre Moving end Ccsgno Transfer Service Our apsetalttea.

Give ua a trial and you will always patron th Citizen's Transfer Co. 48 rattan. Am Phone is. HERB IS YOl'R CHANCE One Maxwell B-Paangcr Tour-Ing Car Fully Equipped, a anap, lltO. On E-M-F 6-Paaenger Touting Car, Price $1.10.

On Mitchell Roadster, Eleotrio Starter and Electric Light, for 1-8 original coat. All th above cure have been thoroughly overhauled and are In Al condition. O. K. Auto Supply Transit Co.

Phone 114 Blltaaore Ave. Repairing Watch I la Our Kpeelalty. J. E. CARPENTER.

Jeweler, K. Hack Square. HYACINTH BULBS 1 To force the finest flowers al-way uae th named vanetiea. The following produce Hplendid pike and are th mom eaally forced: GRAND MA1TRK. deep porcelain blue; KINO of BLUES, rich deep blue; GERTRUDE, deep roe; L-INNOCENCE.

pure white; LA QRANDESSK. flneat white; ROI DBS BEOLR8. brilliant crtmon -scarlet; GENU DB WET. ao ft roa; KING of YELLOWS, beat yellow. Pric 10c each.

$1 per do. Unnamed Hyacinth, ingl and doable, all colore. So each. Me per do. By mail add lo to down price.

Caa aupply Bulb Pot and Hyacinth Gla Grant's Pharmacy BeUabie 37 Haywood Street. SAUSAGE and Supplies- Phones 1715-1716 The Quality of Tone in Going to Buy a Watch? The wise thing to do, if you are, is to inspect the different makes that are on the market. We carry all of the better makes, Elgin, Wal-tham, Howard, Hamilton, Rode, and Gruen. It will afford us considerable pleasure to explain' to you the merits of the various makes, and give you prices, which you will findi reasonable, quality considered. Chas.

E. Henderson Jeweler and Optician 52 PATTON AVE. Getting Your Watch Fixed Right Wm --7 111 When Home Ftdke get their waU-h Oxrd. they go from shop to shop until ih) And the man who will undertake to do the repairing for tlic least money, sometime they Instruct the wau-hmaker as to what he Is to do. Tlicy think they are saving money and are willing to give nn-neceesary time, thought and aUraUoa that should be worth many time the price of fixing the watch.

Admitting that all xtm-hanlcs are honest ami do their work to the bfxt of their ability I 'Yon must admit that some watchmakers are mm-h more competent and conartpntioaa than ittHirra. 'Try oar watch work Yow will be pleateM with It but. yoa will have to let ua deride a to what repairs and adjustment are kt- Arthur M. Field Co. H0BART M.

CABLE PIANO Is what delights the musician Come and see them. DWIHWS MUSIC HOUSE Kb koaa high grade plaaoa 'V T. S. Morrison Co. 80-S4 Patton Ave.