Omaha daily bee., 1888-01-05
HELD HIM WITHOUT BAIL.
Result of tho Preliminary Hearing
of Lawyer Billings.
FAST LOSING HlS~ FRIENDS.
Public Sentiment Almost Unanimoui
That He Is n Cold -Bloodcd Muir.
dcrcr-Haddock Cases to
he Dismissed.
Waived Examination.

WAvERLY, la,, Jan. 4.--Tnc preliminary
examination of Lawyer Billings was con.
cludcd somewhat abruptly, and the accused
was rcmanded to Jail to await the action Of
the grand jury, charged with the murder Of
County Attorney Kingsley. This result is
hailed with satisfaction by the community
here. At first Billings had many friends and
partsans among the residents of this county,
but since the people have been put in possess
sion of all the circumstances connected with
the famous tragedy public opinion has COM
pletely turned, and now it is doubtful If Bill
ings has single friend in the county, the uni-
vcrsal opinion being that he is guilty of QUO
of the most ruthless murders that ever dis
graced the state.
Billings cross examination was continued
by Mr.. Ellis, attorney for the prosecution.
The prisoner seemed if anything a trflc more
cheerful than usual during the intermissions,
discussing with the magistrate and attorneys
ordinary topics with the utmost coolness.
Ths is supposed to be accounted for from the
fact that he had derived certain degree Of
solace from the encouraging counsel OF his
attorney, who arrived yesterday and who
was closeted with him long time last event
ing at the Jail. Certainly nothing of II con-
soling nature has transpircd in the progress
of the trial. On the other hand, each step
taken has apparently only thickened the
gloom about him, while every effort of his own
to cxtrcate himself has only sunk him deeper
in the mire When the coroner arrived to-
day he produced the papers found upon the
person of Billings, which the prosecuting
attorney proceeded to cross examine the wit
ness upon. To this the attorney for the de-
fcnse objected, claiming that the papers
would in no wise determine how Kingsley
come TO his death This objection the magis-
trut n nNrn,., lnI bp orr us
fendant had referred to them so frequently
in his direct examination it was proper that
he should also be cross examined upon them.
The attention of the prisoner was then
| called to a copy of the letter purporting to
have come from his wife to Kingsley, but
which he claims was written by himself for
| the purpose of obtaining positive evidence
against deceased, or for the purpose of de-
| coy In this letter the supposed writer up
| pcals to Kingsley for money to assist her in
| getting out of Il delicate position in which he
| had placed her, and also says that her marital
| relations with her husband had been such
| that he must become suspicious, and she
would be obliged to tell him all, when
he would kill Kingsley With some
reluctance Billings ,ns admitted lifted that
| false. Next the purported confession of Mrs.
Billings was produced, duly sworn to before
| him, and containing his notQrlal seal. This,
| he said, was prepared by himself Some Of
| the statements it contained were true and
| in his evidence the remark that none Of the
| documents was shown to Kingsley; that they
| were prepared long time before with the
| exception of the dates thereon, which he had
| written at different times. Most of the papers
| bear the date of the tragedy.
| Upon the motion of the prosecuting attor-
| ncy to place these and other matters upon
| the records of the defense, Mr.. Miller again
| objected There was no proof, he said, that,
| the papers were ever presented to Kingsley,
and hence they could not be used as evidence.
| The prosecutor insisted that they were evi-
dence, and evidence of Importance. On the
night of the shooting Billings spoke Of them
| as evidence to show why Kingsley had shot
him. and why should they not be used as evi
| dence to show why Billings murdered Kings
ley. Billings had more than once spoken Of
| being released upon writ of habeas corpus,
| In such proceeding tho record alone would
| be referred to, and it was imminently proper
that these documents, the most damag-
ing of evidence, should appear thereon.
Mr.. Miller, in reply, said that upon his honor
as an attorney his client would. attempt no
| habeas corpus proceeding, and rather than to
| permit this improper evidence to appear OF
record, and to allow an examination of the
witness in this regard, they would waive
animation. This proposition the prosecution
eagerly snapped up, and it was thus settled
! upon after II fruitlcsS attempt on the part OF
the defense to have the examination to APP
pear of record as having closed before the
introduction of any defensive testimohy-rh
Il plain effort to wipe out Billings conflicting
statements.
Mayor Holt then rendered his decision
that the defendant, having waived examinaa
tion should remain in Jail to await the action
of the grand jury. During the forenoon
Billings frequently incurred the displeasure
of his attorney, and was several times
snubbed by that gentleman, who apparently
intends hencefOrth to conduct the case him.
self. After the adjournment the attorney
asked permission of the state, as an act OF
humanity that the defendant be allowed to be-
visited by his wife. Mr.. Ellis before MAKE
ing this concession, said that he would cons
fer with Mr.. Dawson who was appointed to
succeed the murdered man as county at4
torney. Mr.. Dawson is the juror who cOn{
Quoted the examination at the coroner's in,
quest. He is a shrewd lawyer, and his un>
tired efforts brought to light much damaging