Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-01
THE ALLEGED. MURDERER TESTI-
FIES IN HIS OWN BEHALF.
GOOD WITNESS FOR HIMSELF.
ONE VERY STRONG POINT WAS MADE
BY THE DEFENSE.
Deputy Marshal Kinney Swenrs the
Bullet Found in Mrs. FOIcy's
Body Was Not From Will
FOley's PistOI-Trinl
Will End To-day.

Liberty, No., Dec. 31.-(Specia) The
strongest point brought out for the defense
| in the Foley trial to-day was in the evil
dence of Matt Kinney, deputy marshal Of
jackson county, who claims to have con-
siderable knowledge of firearms and cart
ridges Two bullets We're shown him, one
of which was from Foley's pistol and the
other one taken from the body of Mrs.
Foley. The witness pronounced the balls
shown him not of the same kind. This
contradicts Schmelzer's evidence of yes
terday. In the cross-examination, Attor-
ney Williams closely questioned him as to
his knowledge of cartridges and the prose-
cution labored hard to show that Kinney
| was not an expert on firearms and to weak
| en- his evidence, but without much effect.
| The balls were shown to the jury and DR..
Rothwell's powerful microscope was pro-
duced with which to make more minute
| examination.
OF all the evidence produced by the fif-
| teen or twenty witnesses for the defense.
nothing save this and the fact that ne
had, previous to his arraignment, borne
| q good reputation, helped Foley's case.
More Of Foley's relatives than at any for
| mer time were sitting by him during the
| trial to-day. Among those who had not
been present before were his cousins. Elder
William Thompson and his wife, OF Colo
| RADIO Springs.
Miss Amelia Foley, sister Of the defend
ant, made a number of contradictions to-
day to her testimony at the first trial.
When pressed closely for an answer by
| the states attorneys as to the reason. one
| of her characteristic answers was. well,
| 1 don't know that did say so.' In her
| examination in chief to-day, Miss Foley
! testified that on the night of the murder
she left home in company with her brother,
CHI 1u af
| ]. ]. Morrow's where she intended to spend
the night; that Foley left her at Morrows
and started for home. going by way OF
Leonard Ligon's. This Is the last time she
saw him until about 10 o'clock that night.
when they met at their home, after the
murder. The witness says she heard VIII
| hallooinS and crying when he returned to
Morrow's to notify them Of the murder.
The witness testified that she never heard
| Billy curse his mother, and that he had al
| ways been very obedient and affectionate
| toward her.
Mrs. Eliza Kinks testimony was to the
| effect that she had known the Foley family
| all her life, had visited there often and
never saw or heard anything amiss in de-
fendant's conduct to his mother. Major
| Dougherty created a ripple of mirth In the
| courtroom by asking witness If she was al
ways regarded as company" when visit
| ing the Foleys.
Al 2:20 o'clock this afternoon Foley was
placed on the witness stand to testify in his
own behalf. In giving his testimony, he
| stood up nearly all the time with the at
| torneys, and seemed to take pleasure in
| pointing out roads and places on the dia-
gram of the Foley farm and surroundings.
| He says he was at Ligon's about an hour
| and a half, and left there for home some
where between $40 and $50 o'clock. He
| "A l,o oda eli nd fn
three gates. The story of his arrival at
| home and the discovery Of the murder was
| then told He said he told George Talbot
| and Brack Land in the conversation he
had with them that he would endeavor to
prove his innocence at the proper time.
The story told by James Baker. that Foley
| had said he intended to run the farm or
that hearse would have to come to the
Foley house, was denied. On cross-eXamin-
alton, the defendant said it took about
| forty or fifty minutes to go home from
Ligon's the way he went and the gait at
which he rode.
Foley gave his testimony very well. At
| times he talked SO rapidly that the court
stenographer had to have him repeat his
words. He seemed to become greatly in
terested and excited in explaining the dia-
| gram.
The state introduced testimony in re-
| buttal to show that the hunters were mis-
| taken who testified the shots were fired
| about o'clock. w. T. Groom, member
| of the party, testified it was five minutes
| to 9 o'clock.
| The instructions to the jury were favor
| able to the defendant. Prosecutor w. III.
| Woodson read the instructions for the state
| and Senator II. F. Smrall those for the
! defense, which said If there is any reason-
| able doubt as to a material fact in the
| chain of circumstances the defendant must
| be given the benefit, and his previous good
| character must be considered of great
| weight, especially as the victim was his
| mother.
The case will be argued tomorrow and
| will probably be given to the jury to-mor-
| rev night.