The record-union., 1898-07-12
ED. KELLY HELD TO ANSWER.
HOW OLD MAN d. w. HENNESY
WAS ROBBED.
Billy Riley Tells q Straight and
Plausible Story of the
Affair

On the evening of July 4th D. w.
Hennesy, an old mining man of Port
land, Or, fell from a stairway at Six
tecnth and streets, receiving injuries
which resulted fatally.
Subsequent to the accident, Ed, COM
monty known as Deaf Kelly and ex-
pugilist Billy Riley were arrested on
suspicion of having robbed Hennesy
shortly before his fatal fall.
Riley and Kelly are both morphine
fiends. After several days confinement
Riley told all he knew of the matter
to the police, and on the effect of his
story, coupled with other evidence,
Kelly was charged with grand larceny
and his preliminary examination was
conducted in the City Justices Court
yesterday morning. He was defended
by Attorney H. L. Buckley.
Billy Riley, the principal witness for
the prosecution, testified that he had
known Kelly for twenty years, and was
with him all day on the 4th. He was
with Kelly at saloon at Fifteenth and
l. streets, between and o'clock in
the afternoon, and while there they
met Hennesy. The latter had been
drinking, and struck up an acquain-
taEce with the witness and Kelly.
Riley said that Hennesy treated sew
eral times, and then started for the
home of a relative on Sixteenth street,
accompanied by Kelly and himself. In
stead of going to Sixteenth street,
Hennesy suggested that they go to
Berg's saloon at Seventeenth and ]
streets They did so and staid there
until after O'Clock.
The witness said he prevailed on Hen
messy to start to the home of his rela-
tive, and that on the way Hennesy had
hold Of his left arm, and Kelly was on
the other side, They walked along
Seventeenth street to D, where Hennesy
stopped and held to the fence. Kelly,
however, left them before they got TO
D street, and when he left he beck
oned to the witness. When Hennesy
stopped and leaned over the fence the
witress left him and went back to
Kelly, who was waiting.
Kelly told the witness he had got $50
and was ready to go home. The wit
ness saw Kelly take his hand from be-
meath Hennesy's coat while the trio
were walking along the street, but did
not see the money until he met
Kelly afterward. Kelly showed the
witress the S65, and the latter went
back and tried to get Hennesy to so
hcme, but failed.
Witness then walked to street, took
car down town, and went to his room.
Kelly was there, and after sleeping
awhile they went to Flores saloon, at
Second and L streets. Kelly called
Flores into the back room. The next
day they went to Flores saloon and
Kelly drew $40 he had deposited, with
which they bought some underclothing.
About noon they again went to Flores
place and Kelly drew down $40, $50 of
which he gave to the witness. Kelly
told the witness he took the money
from Hennesy, but did not say from
which pocket he took it.
Angelo Flores testified that Kelly
and Riley visited his place about z
O'Clock .. m. July 4th. Kelly called
witness into the back room and gave
him $50 in gold for safe keeping. Kelly,
however, said nothing about where he
got the money. The next day Kelly
drew out the entire amount.
l. B. Nichols, who conducts the sa-
loon at Fifteenth and l. streets, where
Hennesy met the defendants, corrob-
GRATED Riley's testimony, as far as it
related to incidents that took place
there. Kelly bought no drinks in the
saloon.
Gus Johnson barkeeper in Berg's sa-
loon at Seventeenth and streets, cor
roborated Rileys statement of what
occurred while the three men were in
Bergs place. While in the saloon Hen
messy exhibited So, which Kelly saw.
The defense vigorously objected to
a question as to what Hennesy said to
the witness on his return to the saloon
two hours after he had left in COM
pany with Kelly and Riley. Justice
Davis overruled the objection, though
he stated that before a jury the ques-
ton might properly be Objectionable.
| The witness said that Hennesy on his
return, said the men (Kelly and Riley
were no good, and that they had robbed
him of $3.50
| Yes Johnson who was tending bar in
Nichols saloon, heard Hennesy say he
had enough money to keep the house
/ drunk for a week. but did not know
whether or not Kelly was present at
the time.
/ The defense offered no testimony and
Kelly was bound over to the Superior
/ Court, bonds being fixed at $1,000.
! Riley, the principal prosecuting wit
ness, was held to testify before the Su-
| perior Court, bonds being fixed at 5000.
|