The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-08-31
NJ MURTRY Is
BOUND OVER
WITHOUT BAIL
At Preliminary He Is Held for
FeyerIy's Murder.
WITNESSES TO TRAGEDY
Tell the Story of the Crime in
Graphic Manner.

Guthrie. o. T., August S0-The prelimi-
nary hearing of James McMurtry, for the
killing of James Fevcriy, on August 10.
has been concluded at Saltwater and Ne
Murtry bound over without bail.
The only witnesses in the case were
those called by the prosecution, says the
Gazette. The first witness called was
Dr. Cash, of Glencoe. He said that he
was called to the train to see Feverly,
and that when he arrived, he was dead.
When asked 10 describe the location of
! the wound, ne said that one hole was
( between the first and second ribs one and
! one-quarter inches from the upper part
! Of the sterpum on the left side. Another
wound was about one and one-half inches
back, and above the left nipple. The
third wound was on the right leg about
six inches above the knee. He also said
that he thought either Of the body
wounds would cause death. When asked
how tall and of what weight Feverly
was, he replied, about six feet tall and
l would judge weighed about $50 pounds"
Tom Henderson was then called and said
that he was well acquainted with the
( deceased FeVerly, and that he had known
McMurtry for short time. When asked
if he had seen these two men meet on
August IS, the day of the killing, he said
that they met about noon and that the
defendant was with his wife; Feverly
told him that ne wished to speak with
him and to let his wife go on. FeverIy
then said you've got us skinned, and
now 1 guess you are satisfied The de-
PENDANT then muttered something that the
witness did not understand and at this
FeverIy got mad an walked out in the
street, and threw his hat off and said:
Come out IN the street and III punch
you" OF something to that effect The
witness then told FeVerly to come on,
that If he were him he would not dirty
| his hands with such a fellow McMurtry
then told Feverly that he had better not
fool with him or he would get hurt The
deceased then went up the street. He
said that he was on the depot platform
when he heard the first shot and ran up
to the car and tried to get on. but could
not; he then went to the baggage car
erly and said ne thought he was dead
when he reached him. He said he heard
McMurtry tell the conductor that he had
finished his job and was ready to give
up.
u. p. McKinnon was then called and
he said that he lived in Glencoe and was
marshal there. His evidence amounted to
nothing farther than that he had the gun
which the defendant did the shooting
with, and produced it as evidence. 1t was
a blue steel barrel Smith & Wesson, of
3S-calibre.
Mr.. John Greary was then called. He
said he was a railroader and at present
was working with the Stubs Railroad
company, near Pawnee. He was on the
train at the time OF the killing, and said
that he was not acquainted with either
the defendant or deceased. He told a
very straightforward story and was very
damaging to the defense. He said that
he was sitting in the smoking car, talk
ing to a friend and that his attention was
attracted by a pistol shot. He glanced
across the aisle and there McMurtry had
a gun in his right hand holding il
pointed in the air. He said Feverly had
hold of his right hand with his left and
was striking him with his right. Me
Murtry soon wrenched his arm from Few
erly and shot him in the breast. He
said that Feverly fell and struck McMur-
try as he was falling He also related
that McMurtry shot at Feverly twice
after the latter had fallen. but did not
know whether the bullets struck him or
not After the shooting was over he said
that he told McMurtry that he had killed
that man and the defendant replied, II
am ready to give myself up when the
witness replied. I think il is time" He
said he was the only man who stayed in
the car. with the exception of those con-
nected with the crime. He said: Il
didn't think that nobody was going 10
hurt me. so 1 stayed in the car" He
told. whe masked. how long Il was after
the first shot was fired until the second
and said the second shot was fred i'm
mediately after the first but there was
an interval Of several seconds between
the firing Of the second and third shots.
The case was then rested. and after
considerable discussion. Judge Clark an
Eounced that he would bind the defend
mt over to the grand jury without bah.