The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-31
DAN KILEY FOUND NOT GUILTY.
sBUD DE KIDS HOMICIDE PRO-
NOUNCED JUSTIFIABLE.


Finley. the Deceased, said to Have
Been a Member of the 'Mule
Gang of DesperadOes I'm Augusta.
He Was After KiIey With Billy
and Got Cut in the Scume-It Was
an Early Morning Fight in Bar
room. which Finley Seemed 10
Have Begun by Insulting KiIey.
IxiIey.s Friends CONGRATULATED
Him.
Dan Kiley was acquitted in the superior
court yesterday Of the charge OF murder
a true bill having been found against him
by the grand jury for the homicide Of
Robert Finley, otherwise known as Bud
de Kid"
The court room was crowded with Kiley's
friends during the trial The case was
given to the jury shortly before o'clock
last night Its deliberations were short.
Only three ballots were taken. and these
one right after another. so 1t was about
ten minutes before the jury returned with
the verdict OF not guilty. Kiley's friends
congratulated him on all sides after he
was discharged.
Kiley was represented by Barrow & Os-
Osborne. In selecting the jury the state
passed the limit Of its ten strikes before
half the jury had been selected. The de-
tense struck eighteen in all. and six went
of for cause The jury was finally made
up as follows: W. 7. Dixon, Bernard
Goode, Harry w. Hoffman. Frank G. Bo-
han. Clifford c. Hill, George Gerber, Dan
iel Conner, Fred G. Jaugstetter. Joseph
II. Smith, Thomas Z. Pelot. Anthony L.
Robider and Hezekiah Brown eolored.
W. G. Dortic, who was barkeeper in
Kiley &c Massart's place the morning of
July 5, 1894, when the killing occurred
was practically the only important witness
for the state. The row was between and
o'clock in the morning. Dortic stated
that there were several men in the bar
and all OF them were drunk. Finley came
in and cursed Kileyg using a vile epithet
Kiley demonstrated with him. when Fin
ley called him a d. liar Kiley then
threw a whisky glass at him. and started
behind the bar, followed by Finley, who
drew billy from his hip pocket, and held
IL over kiley's head, attempting to strike
him with II. A scuffie followed. I'm which
Finley was cut. Dortic said he saw no
knife.
At the coroner's inquest Dortic stated
that he saw no billy during the row, but
that he saw man nomed Frank Quinn
q.
statement that the lemon knife was behind
the bar before the scufiie. but was missing
afterward. The corOner's testimony, to
which the witnesses swore at the time.
was introduced in evidence by Solicitor
General Fraser.
The state also introduced Policeman
Mitchell, who found Finley after he had
been cut at Drayton and York streets,
Dr. i. J. Charlton, who testified as to the
nature or the wound, which was in the
right side and through the liver, and Capt
v DIXON NKh n Nc To ha Nj
quest.
Tense, testified to practically the same
facts as Dortic. He saw Kiley and Fin
ley clinch and Finley was cut He saw
no knife. but he knew the billy which was
introduced in evidence belonged to Fin
ley. Frank Quinley saw Finley attempt
to strike Kiley with the billy and after
ward saw. it picked up by Frank quinn.
Edward Mehrtens testified that he did not
see the fight, but saw Finley when he
dropped the billy on the floor, and saw
Quinn pick It up.
cd that short time before the killing,
the same night, Finley was I'm Somers' bar,
that he spoke of some money, amounting
TO 81, which Kiley and Mehrtens had won
from stranger, saying, as he brandished
the billy: IF Kiley don't give me my share
I'm going to kill him."
Kilroy said he afterward told TSiley
about this threat Policeman W. I'll.
Fleming was put on the stand to testify
as 10 the pad character or the dead man.
he stated Finley belonged to the Mule
Gang in Augusta, which is a name given
a band of local desperadoes in that Sec
tion.
The defendant made a straight state
ment of the affair, stating the circum-
stances pretty much as given by the wit
nesses. He said he had no desire to hurt
Finley, but acted in self defense, as he
thought he was about to be struck with
the billy which Finley was brandishing
above his head, and with which he struck
at him. Mr.. Osborne made the argument
for the defense, and Mr. Fraser closed for
the state. The jury returned its verdict
of not guilty within few minutes of the
time ii retired.