The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-10-02
THEY ARE FREE AGAIN.
DAVID BA1-I.EW AND HIS WIFE
SET AT LIBERTY.
Judge Moore Signs the order on
Solicitor Carter'S Recommended
tiOn-HOE Bones Won't Hang
People for Murder.

Solicitor Carter's Recommended
tiOn-HOg Bones Won't Hang
People for Murder.
Upon the recommendation Of solicitor
E. D. Carter an order upon the Sheriff of
Buncombe was issued by Judge Chas. A.
Moore, OF the criminal court, yesterday
commanding the discharge
from custody and confinement of the
bodies of David Ballew and Mary Bal
lew, his wife, confined in the county jail
in this city pending trial upon charge
of murder at the October term of that
court.
This recommendation was made by
Mr.. Carter after a thorough and search
ing investigation of the case against the
accused. and, after a full and complete
consultation with the leading medical
men of the city as to the bones said to
have been found beneath the hearth Of the
house in which the Ballews at one time
resided. At this consultation it was pos
itively decided that the bones alleged to
have been found in the place designated
were not the bones of a human being, but
were those of hog. Therefore, when
the case against the accused was called
tor trial the solicitor would not have
been able to prove the corpus deficit,
which is absolutely necessary to make
out a case for the State.
Again, the evidence in the case only
tends to raise suspicion and fails of
being positive in any particular, against
the Ballews. The physicians who sworc
before the magistrate that the bones o.
tered in evidence at the preliminary eX-
animation of the accused were the bones
of human being have since compared
the bones with hog bones and positively
affirm that they belonged to hog.
We commend the decision of solicitor
Carter in this matter. His prompt ac-
ton saves the county between $500 and
5000 in costs, as prosecution under the
now existing circumstances would surely
prove absolutely futile. We believe he
has acted properly in his recommended
ton and are satisfied that his course will
be endorsed by the discreet and prudent
people of the county. However, should
developments come about sufficient to
warrant the re-arreSt Of the BallewS, he
will promptly have them again placed in
custody to stand trial.
Sheriff Reynolds released the Ballews
about o'clock in the afternoon, and
husband and wife will leave the city to-
day for their home in Tennessee. They
have been in Jail here about six weeks,
and as they stepped outside the Jail yard
gate yesterday, once more free, they
seemed the happiest people on earth.
In the meantime the veil of mystery sur
rounding the disappearance of little Ira
Ballew upon that mountain side, eight
years ago, has not been lifted, and it is
doubtful-eXtremely doubtlul-il ever his
fate will be known.
1t is a strange, sad story, arounC
which horrible suspicion throws mur
derers mantle.
REV. MIR. SAI.YER'S ROBBEF
Takes the Specie and Razor bu
OVerIOOks the GreenbaCks.
At about daylight yesterday mornin;
, police officer Worsely, accompanied b,
} Mr. Salyer, discovered the latter's walls
from his room at DR.. Wcavers residenc
. the evening before, sccreted in the root
of tree near an clubhouse on the Doc
d tors premises.
I 1t had been exposed to the dews ant
3 was almost wet through. Officer Worsel
: first Spied the missing valise, and callin
n Mr.. Salyer's attention to his find, tn
minister opened the valise, which wa
b shut together but not fastened, and mad
an examination ofitS contents. Every
n thing was found intact save the 500 i
0 silver and the razor. The thief had owe
: looked the envelope containing 500
. greenbacks, and evidently having no us
for the bible and other contents of II
valise had let them severely alone.
IL Mr.. Salycr was much elated at Il
N recovery OF his property and was vel
1e warm in his expressions of gratefulne
1e to the officer. His effects were taken I
A his room and at four o'clock i'll the ate
nc noon he left with the Asheville delegat
V, to attend the Holston Conference
IS, Morristown
Id So far no arrests have been made al
IL the police seem to be at sea in the W;
IN of fixing the guilt upon any party. Sc
a eral persons, however, are under susl
he cion and a sharp espionage is plac
upon their movements. 1t is thoug
that something positive will develop
=, day which will bring the offender to il
" tice, and if such happens to be the ca
an active prosecution will be enter
" upon. Mr.. Salyer having left orders HI
" to wire him at the very earliest NONE
VI after an arrest is made
>" The police have several theories c.
10 cerning the mysterious theft, and
it'll convinced that twenty-tour hours tt
ms. will be all sufficient for them to place
rogue within prison walls.
En Route to the Pen.
Co. Sheriff McLain of Jackson cor
, a passed through the city last evenir