Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1893-03-09


In the Habeas Corpus Case
bud" NVhittemOre's HsOnd is
Fixed at 10000.
After recess yesterday afternoon J. J.
Greenwood testified in the Whittcmore
habeas corpus proceedings. that Doc
Roberts told him he was going to die;
that he shot at Big Jim twice and at
Bud three times. and if Big Jim had not
bothered him he would have done better
shooting.
The State then closed it's testimony and
]. Ray was called by the defense. He
testified that after the first few shots
had been fired. big Jim" came outside
the store and said he had gone in to
part them and he killed me;" then he
leaned against the door and while in
that position was shot in the face by
some one inside.
c. c. Green wood was recalled and said
that Roberts had once said to him:
Big Jim and Bud Whittemore are the
| only men aim to kill, and if they ever
| cross my path will kill them" Witness
said he was glad that Roberts had been
| killed.
In reply to States attorney he said he
had been on trial for murder in Colorado
| but that an affidavit had been received
| from the man supposed to have been
killed saying that he was alive and that
| witness should not be harmed.
No further evidence was offered.
Judge Merrimon then remarked that
| before proceeding with the propositions
which he would offer in the case, he had
something to say for the benefit of the
| people generally.
He regarded the occurrence as one of
| the most remarka BILE in the history of the
| county. Human lives had been sacrificed
| that could have been saved by the inter
position of men who were cognizant of
| the impending danger. OF the two men
| killed. Whittemore, who had been wild
| and reckless in his younger days, had
| thoroughly changed his course and had
| become consistent member OF the
| church; Roberts. of a high strung, excit-
| able nature, and dangerous when in
| anger, had in latter years gained control
| OF himself to a degree that secured for
| him a commission justice of the
peace, and both men were useful citizens.
| RumorS of serious trouble were cur.
| rent in the community and all the par
ties in the store when the men entered
| knew that outbreak was imminent.
| In the face OF it all no one attempted to
maintain the peace or to prevent the
tragedy. Instead of peaceable and
friendly efforts to separate the men and
end the quarrel amicablv the bystanders
got out of the house as quickly as possi-
BILE and left the enraged men to settle
their trouble with violence and death.
The affair was a most unfortunate one
for the people of the county, deplorable
in its results and exceedingly discredita-
BILE to the persons present who knew the
former character of the men and who
| might have averted the catastrophe.
| A great hush was upon the crowd in
the court room while Judge Merrimon
was speaking and the prisoner gave him
self up to n spell of weeping.
The hearing then adjourned to 10
O'Clock this morning, when Judge Merri-
mon concluded his argument. He was
followed by Messrs. Ransom and Craig,
for the State, arguing against the release
of Whit temore on bail.
Judge Carter decided in favor of the
prisoner, fixing the bond at $4,000.