The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-09-24
RELEASED BY THE RECORDER.
JOHN L. ARCHER DISCHARGED
WITHOUT GIVING BAIL.

the Evidence Presented Would BE
"Not GuiIty."-Evidence Presented
before the Preliminary Court and
MIR. Archer's Statement - Courses
That the Case Might Take - sulIi-
vans Condition Last Night I'M
changed.
John L. Archer, who shot Murtagh F.
Sullivan was released from custody yes
terday after a hearing before Recorder
Ravenel.
The Recorder did not consider that he
should hold him under the facts as pre-
sented by the evidence. and so stated in
discharging him from custody.
When the case was called In Police
Court there was an array Of witnesses
present. Messrs. W. s. Chisholm, E. S
Elliott and A. c. Wright were there to
represent Mr. Archer.
The Recorder, when the case was called,
stated that he was willing to admit the
defendant to bail without going into a
hearing, since the charge against him
was assault with intent to murder, and
that was a bailable offense.
Mr.. Archer's attorneys, however, insist
ed upon a hearing, taking the view that
Recorder RaveneTs powers were co-ordin-
ate with those of a trial justice, and that
if the evidence did not disclose a crime,
he could dismiss the defendant without
bail Thereupon the case was entered into
A summary of the testimony, together
with the statement of the defendant in
fun, as given herewith
Policeman Tulis was the first witness
sworn. He knew nothing of the shoot
ing, but was called on 20 take Mr.. Archer
to the barracks after it occurred. He said
Mr.. Archer was perfectly sober. Sullivan
remarked to the witness when he came
into the bar take him in Tullis, 1 am
dying"
Mr.. George Alley, of Alley & Kelley,
told the story of the first difficulty which
took place in his saloon in Bay street lane
Archer had started to leave the place, he
said when Levan, who had just come in
with Sullivan, asked him to take drink.
Mr.. Archer finally assented, and while
the drinks were being served, Sullivan
came up and said he would not drink with
any g. d-n A. p. A. - -.
Levan tried 10 make him stop the use of
this language, and so did the witness, but
their efforts seemed unavailing. Sullivan
Archer's hat fell on the floor. Archer
picked 1t up and walked out Sullivan, he
said, abused Archer fearfully He stated
Sullivan was drunk and that Archer was
perfectly sober. Sullivan continued to
abuse Archer after he had left the place
Mr. Alley said never in his life had he
heard such dirty language as was used by
Sullivan.
Charles Levan, who was with Sullivan
all the afternoon up to the time of the
shooting, was the next witness sworn. Ac-
cordng TO Levan's statement, he and Sui
Ivan had been drinking together since
about II O'Clock in the morning. He gave
an account of the meeting with Archer in
Alley d Kelleys place, which was In SUBJ
stance the same as that given by Alley.
He did not say, however, that Sullivan
struck at Archer, and did not think ne
did so. Levan and Sullivan were in q
hack, and it was at the formers sugges-
ton, after the trouble in Alley & Kelley's,
that they went into Abrams place. They
had been at the theater previous to the
meeting with Archer and had taken sew
eral drinks between acts. In all it was
counted up that Levan and Sullivan, be-
fore going into Abrams place, had taken
nineteen drinks, and had been in several
other places which he could not remem-
Der.
Levan says he and Sullivan left the De
Soto bar and went to Abrams place He
sell out, and while they were talking
Archer came in with Willie Feeley He
said he did not know who Archer was at
that time. He said he told Archer to get
out and not to bother with Sullivan. There
was a dispute and he heard two shots
fired. He then turned around and grab
bed Archer. Levan did not remember the
language used. He said there was some
talk about A. p. A., but he could not
say what it was. nor could he state posi-
lively whether Sullivan cursed Archer
there
Levan stated positively that Sullivan did
not strike Archer nor did he make any eff
fort to strike him. When questioned more
Closely however, and asked whether he
would state that the testimony of other
witnesses who swore that Sullivan did
strike him, was false, he said he would
not do so. He stated then that he did not
see anything of the kind, and did not
know whether he struck him or not lie
said at no time during the day did Archer
say anything to Sullivan to justify him
In attacking Archer. He said his side was
turned toward Archer when the shots
were fired, and he was not looking at him.
He did not remember all the circumstances
In the bar, but that the account given by
him was to the best of his recollection. He
said he had been drinking for several days
before and was in worse condition than
Sullivan.
"
corroborated Alleys statement in most
particulars. He heard some of the lam
guage used, but said he did not pay such
close attention TO 1t as he was busy at the
time mixing the drinks that had been or
dered. He stated, however, that both Ie-
van and Sullivan were quite full and that
Archer was strictly sober. He did Tot
hear Archer open his mouth in reply TO the
insults given by Sullivan.
Clifford Barbee, who is employed in Mr.
Archer's office, saw Sullivan and Levan
when they came out of Alley & Kelley's
pace. He heard Sullivan say at Archer's
window, where Is that little - -?
I'll fix him" Sullivan, he said, then went
on TO the next office, Bond, Harrison &
Co., and went in there When he came out
the witness heard him say something to
this effect: I'm get pistol and shoot the
little - - before night is over" He
heard Sullivan repeat this threat using
Archers name. This was about 4:45
O'Clock he said.