The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-05
Released on a Bond of One
Hundred Dollars.
HEARING is CONTINUED
SATURDAY NEXT THE HEA KING
WILL BE DISPOSED OF.
THE JUSTICE THINKS KILLING UNSUITABLE
Witnesses Examined Who Tell a Story that
Shows that the Slayer Of Will Kelly
Acted in SeIf-Defence.

Acted IN Self-UetenCe.
Tom Dunn shot and killed Will Kelly
at Forestville on July "a, full account
of which appeared in these columns. I'm
mediatel after the killing Tom proceeded
to give "leg BAIL" and he succeeded in
evading the officers.
On Saturday he became tired of dodg-
ing the officers and voluntarily surren-
dered himself. He was lodged IN
Jail and yesterday at p. m. his preliml-
nary hearing was had before Justice
Roberts.
A large number of people were here
from the Forestville, Neuse and wake
Forests sections to attend the hearing
and the defendant appeared to be well
supplied with friends, both white and
colored He was represented by Argo u
Snow.
The first witness examined was DR.. L..
p, Holding, of Wake Forest, who testi-
fed that on the oath Of July, the day that
the shooting occurred, he was riding
through Forestville at about seven or
half past seven o'clock; that when about
seventy-five yards from the crowd he saw
Tom Dunn. the defendant, backing down
the road, with his back to him, Will Kel-
" advancing on Dunn, with something in
each hand, that witness thought was a
rock or stick; Dunn had pistol drawn
on Kelly; that witness told Dunn not to
shoot; Kelly was advancing, saying,
'.Shoot, you've got to shoot" When wit
ness told Dunn not to shoot, he stepped
backward ont Of the road and witness
drove between the two, and almost inn
mediately after the buggy passed the
pistol fired Witness did not see either
Dunn or Kelly at the moment the shot
was fired, but looked at once and saw
Dunn 20 off towards Neuse, and shortly
thereafter saw Kelly reel and fall.
Witness then drove off and about an
hour afterwards returned and made an
examination of the wound inflicted on
Kelly. The ball entered the abdomen
about one and quarter inches below the
navel. Death resulted the next morning
between 8 and 9 o'clock.
DR.. Holding stated that he knew the
character of the deceased, and that he
was not infrequently in fights; that he
gave a policemen hard blow that came
very near knocking his eye out.
Rufe Dunn was the next witness called
and Rufe is not the most intelligent nor
the prettiest witness we ever saw. Char
coal would make light mark on the no.
BILE physiognomy of the sable hued gem
tleman. Rufe explained that Len HICKS
was the original source of the trouble
that resulted in the killing. He said
several other negroes went to the rear OF
Phillips store to get some water ana
Will Kelly, who was sitting on the porch,
began cursing Hicks and was
attempting to strike him, when
the defendant came up and asked
what was the matter. Will Kelly there
upon asked Dunn if ''he wanted to take
it up." to which Dunn replied, The did
not" 1t was at this time that George
Green said that Dunn had a pistol in his
pocket. Kelly then said "shoot, you've
got to shoot now Kelly picked up a
rock; Dunn began moving back.
Len Hicks, Ed Garner, Richard Crud.
up and Will Martin were each sworn and
told practically the same story as that OF
DIR. Holding and Rufe Dunn. Ihey eacf
testified that at the time the shooting oc
Cured that Kelly had drawn a rock
weighing several pounds, measuring
about three by six inches and about TWO
inches thick, and was attempt
ing to strike; that Dunn was retreatlng
that he had not said or done anything te
give offense to Kelly.
1t was shown by Sheriff Jones, Messrs
J. r. Hunter, Joseph j. Dunn, and II. .
Dunn that the deceased was fussy
fighting man; that on one occasion nc
snapped his pistol at another negro ano
ran him away from Neuse; that the de-
PENDANT is quiet, peaceable, hard work
ing man.
Justice Roberts announced that on the
evidence then in he would discharge the
prisoner, being satisfied from the evil
dence addueed that the killing was in self
defense, but as there were other wit
nesses who were present at the time
of the difficulty, and Tor whom
subpoenas had been issued as States
witnesses, he would prefer hearing theil
testimony before taking action on thu
case. The hearing was therefore contin
ned until Saturday evening at o'clock
and subpoenas issued for the absent wit
nesses.. The defendant, with Mr.. j. Il
Hunter. was recognized in the sum OF one
hundred dollars for his appearance OF
Saturday.
With smiles wreathing his ginger bread
colored face; his pockets full Of 'goobel
peas" and his wife by his side, Ton
Dunn walked out of the Justices office
filed with tranquility and peanuts.