Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-06-10

time in Kansas City. The cartridges taken
| from the two revolvers were OF an OLD ana
obsolete style, he said; The shotgun was as, a
| be sold second-handed now, but are not
| kept by firearms houses. .,---
X l. Thomas no PinRertGn GST,H P1etectys qetectivs
| Association, to investigate the double muir
| der. confirmed the story told by Sher-
| III Hymer in regard to the finding OF cookie
| burrs in the bed clothing in the Foley
| house and upon the horse the prisoner
| rode the night of the murder. lie also
| corTcbOrated the statements OF the sherlH
| and other witnesses in regard TO the car
| tridges found in the revolver carried by
| Foley and the revolver found at his home
| after the killing. The one carried by F0Iey:
| which was borrowed by him from Bob
| Williams, contained three old-faShlOneu
| cartridges. and by examining II the Wit
within twelve hours. There was freshly
| burned powder I'm the barrel OF TINS Weap-
| on. He also found an empty sheh that
| fitted the shotgun that had been fred
| within twelve hours. This shell was found
| in a box in which there were several other
shells that had not been used ana one IN
which the burned powder was dry; This
she'll had evidently been discharged more
than twenty-four hours before the exam
ipation, which was made the morning fol-
| lowing the murders.
James Baker. who was working for ]. J.
| Morrow. Foley's brother-in-law. testihed
| that on the night of September 19 he rode
with Foley from Morrow's home to Liberty
While crossing a bridge Baker asked Foley
| If he would not soon build house. Ihey
had previously been talking about a morse
| that Foley had loaned to young lady.
| Foley replied
Jim. Ma and Fannie has been boss of the
| farm since pa died. I'm going TO be boss or
| 1t by next year, and II l can't be boss the
| hearse man will have to make trip down
| over this bridge. Then there'll be a sale
given. Ma already owes me SlOO and she
gave me her note for that much. In the
| sale my part of the estate Will bring me
have about 5000. With that I can go to
Kansas City and have good time with
| sporting people"
| ator Simrall had a lively time while cross
examining him. The senator was COM
PEELED to repeat his questions in a loud tone
| of voice. He did not succeed in getting
| Baker to contradict any of his statements.
After some more testimony which was
| OF an unimportant nature, the state closed
The Defense Opens.
At 2 o'clock p. m. Major Dougherty began
said ii would be shown by the testimony of
| witnesses that Foley went TO sale on the
vember II. He returned late in the after
| noon. and about o'clock accompanied his
| sister, Amelia, on horseback to the resi-
dence of their brother-in-law, j. j. Nor
| row. He remained there little while, and
| then departed, leaving his sister there.
slster sst Ea MIS- Morrow. G T After M ieaviHg Nor
| rows he went to the residence OF L. w.
Ligon to see Emmet Ligon. He did not
| leave there before 9 o'clock to return home.
| He rode slowly. Upon arriving at his barn
yard he found gate open and his mules
had been there. He began investigating.
and found the lifeless bodies of his mother
and sister. He then hastened back TO his
In regard to the statements made by
brother-n-law's house AMI raised an alarm;
Foley that he had seen or believed he had
Earl 10 hGoye ThG ne }e h9f seans onnSed bs Is
horse, the defense would prove that Foley
had heard that Hoover had threatened ven-
bers Of the Clay County Protective Asso-
citation. Believing that he was In danger
from Hoover he carried pistol. ,.-
David c. Warren was the first witness
called for the defense. He said that on the
night of November II he was with hunt
ing party. After walking around for some
time they stopped to give, the dogs
chance to stir up some rabbits or other
game. The witness heard three shots and
curfew whistle in Kansas City. Some one
in the party said, when they heard the
whistle. IT'S 9 o'clock" The witness,
years old. pulled out his watch and said ii
showed $40 o'clock.
and John Hudlemeyer, who was also in the
party, said he didn't hear the shots but he
heard the others say they heard them. The
time of hearing the shots as fixed by these
witnesses is from forty minutes to an hour
earlier than fixed by any of the states
John W. Collins. executor of the estate
of S. w. Collins, said the Foley estate
owed that estate 1850. This amount was
paid when the Foley estate was sold after
Miss Mary Ricketts,. Miss Allie Ligon.
Colonel George W. Neat ard DR.. ]. I.
Marsh testified that Foley had a good rep
'utation and that they had never heard
him curse his mother or sister.
John B.. Garth. called for the same pur-
pose, said he had heard that Foley had
cursed his mother upon one occasion.
Miss Amelia Foley, younger sister of the
defendant, was the next witness called.
She walked to the stand calmly and gave
her testimony in a cool and deliberate man
ner. She was unable to fix the time of the
| arrival Of herself and brother at the Nor
row home. or of the departure of the lat
ter for the Ligon home. She identified the
knife. which the state claims the muir
derer used In cutting the screen door. She
said 1t belonged to her father and that il
had been used to cut and pare fruit and to
open tin cans. Her sister Fannie, who was
killed, had used it in cutting a wire screen.
She accounted for the bootjack being
where the murderer could easily find II
b. saying that her brother had blackened
his shoes that morning on bench on the
porch and that 1t had been left there. She
had never heard him curse his mother or
sister, Fannie but had heard him swear
when handling the, live stock and when
things didn't go right on the farm.
j. ]. Morrow, a brother-in-law, told
| about the visit of Foley and his sister.
November II. but he was unable to fix the
time OF their arrival or of Foley's de-
parture Foley remarked TO him two
years ago about his mother and sister:
Those are the two damndest women 1
ever saw"
Morrow is administrator OF the Foley
estate. He found out by the evidence or
FCiey and his sister. Amelia, that Foley
had one-third of the estate and his mother
the other two-thirds.
Foley on the stand.
William S. Foley, the defendant. testified
that he was born in Liberty and for the
last twenty-seven years had lived on the
farm where his mother and sister were
killed. He gave a description of his move
ments during the day. At II or 11:30 o'clock
he went in a buggy TO a sale at the farm
of Charles Wyman. Returned home at
to $3.50 O'Clock. Between and o'clock he
and his sister Amelia went to the home
of their brother-in-law and sister, Mr.. and
Mrs. J. ]. Morrow They rode horseback.
Amelia told him that Morrow was going
to Liberty to join lodge and she was gO-
ing to remain all night with their sister,
Mrs. Annie Morrow. From MOrrOw's house
the witness said he went to the Lgon
home, and from there he rode home, going
through four gates. He found one of his
gates near the stable open and his mules
loose. He then believed that someone had
been there stealing his animals. and began
an investigation, which resulted in his find
ing the bodies of his mother and sister.
He then went back to the Morrow home.
He believed he remained at the IfgOO home