The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-08-24
PRELIMINARY HEARING
TENEY RELEASED on $1,000
BAIL.
EVIDENCE or WITNESS FOR STATE
VERY coSFLrcTlsa- Defendants
Likely TO m ACQUITTED.

/ NENh AONIIAGIAN&&~-D EH HNDANAa
LIKELY TO BE ACQUITTED.
The preliminary hearing in the Daily
shooting case was commenced this
morning in the Grand Jury room be-
fore Justice Mckee. Two witnesses
were examined for the State before
noon. The testimony they gave was
very damaging to Mr.. Evans.
Edward Murphy, member Of the
show, was the first witness examined.
He said: "We all went down to dim
ner together, Daily got through first
and started for the tent. A colored
woman told us that we were not al
lowed to trespass upon that lot. Do
not know If Daily had information or
mot about tresspassing. Mr.. Evans
came along ten minutes after some
one shot Daily. We grabbed Mr..
Evans and asked him il he owned the
land, he said yes. Saw Veney run
to Mr.. Evans house after the shooting.
Did not see tho colored boy veney
have any weapon. There were three
men in the lot when Daily was shot.
Mr.. Evans was not seen when first
got to the lot. Did not see Veney shoot
Daily. Saw Mr.. Evans have arevolver
in the morning when he was near tho
show ground. Mr.. Evans remained
on his ground Heard him order the
colored boy not to let the showmen
trssspass, then he gave the colored boy
a revolver aud told him to shoot them
if any attemptedIto trespass." Here
witness told Of the attempted lynching.
/ Mr.. Frank Heiston, Of this city, testi-
, fed that he did not know anything
! about the shooting. Heard the shot
and saw the showmen run out, Saw
Mr.. Evans at the gate Of his lot. Die
not see veney. The showmer
i d emanded, "Who shot Daley r
Heard Mr.. Evans say: "A colored boy
shot him with my authority When
cross examined Mr.. Heiston could moi
0 say positively that those were the exaol
t words Mr. Evans uttered, owing to thu
Q excitement, but Evans words enragec
q the showmen, and man appeart
$ with rope in his hand. Here witness
g told Of Mr.. Harris intervention. Mr..
!. Evans made several statements after
$ that which witness did not understand.
Q Only one witness for the State was
examined this afternoon. Two were
: absent. n. A. Gross testified as fol-
! lows: Il was sitting at the dinner
: table when the shooting occurred. /
got up from the table and ran to the
scene, when ! got there the .showmen
were crowded about Mr.. Evans. Heard
Mr.. Evans say that he did not do it
that acolored boy in his employ did It
without his consent"
States evidence closed. Defendants
counsel waved hearing, aud Veney
was released on 81 900 bail, to appear
at next term Of Circuit Court. Evil
dence Of State was very conflicting,
and in fact, beneficial for defense. The
case against Mr.. Evans would haye
J been dismissed, but Mr.. Evans honor
ably refused his consent, saying he
wanted his bond Continued until the
case against the boy was disposed of.
This act in itself is conclusive that Mr..
Evans is acting magnanimously and
honorably with Veney--in having a
charge for felony held over him inlorder
toprotect theboy. Unless the State can
produce some stronger and more sub
stantial evidence in Court, both Evans
and the boy are bound to be justly ac-
Quilted. Already q considerable change
is noticeable in public opinion in favor
Of the defendants.