The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-11-15
ALL TURNED LOOSE
MEN CHARGED WITH SHOOTING
KILEY ARE AT LIBERTY.
BARROW ON GAMBLING.
EXPRESSIONS FROM BENCH SHOW
CLEARLY HIS FEELINGS.

The Two ROsenthaIs and Cad Bryan
Required to Furnish Bail in the
Sum of 81 800 Each-Other Men Re-
leased on $500 BOnds-KiIey's Afi-
davit in Which He Declares He
Was Unarmed, Presented With
Those of Six Men who Swear He
FIourished Pistol and Caused
Them to Chase Out of the Place.
Judge Barrow Says a Man Behaves
Sometimes in Such Way That
Somebody Ought to Shoot Him,
But There Is no Such Thing rs
Lawful GambIing-KiIey Is Rest
ing Quietly.
IT look upon the gambling feature of
this transaction as the worst feature.
Shooting a man is sometimes justi-
fable, but gambling is never.
There are cases where 1t is lawful
for one man to shoot another.
"a man behaves sometimes in such
a way that somebody ought to shoot
him, but there is no such thing as law
rul gambling"
With this language Judge Pope Bar
row, in chambers yesterday morning,
clearly indicated how he feels with ref
erence to the shooting of Constable
Daniel ]. Kiley in Broughton street
gaming house Tuesday night, by Julius
Rosenthal, Sol. Rosenthal and Cad
Bryan, Jr.
These three defendants were allowed
to give bail in the sum of $500 each,
and the other men alleged to have been
implicated in the ARRAY in one way or
another were required to furnish bond
for $780,. The fourteen men who had
been prisoners, all furnished bail for
their appearance when called for and
the bonds represent an even $4,000.
KiIey's Affidavit Read.
The affidavit of Kiley, in which he
swears that he was not so drunk that
he did not know what he was doing,
and that he was without a weapon of
any sort, was read to the court as a
showing by the state why bail should
not be allowed. In rebuttal the de-
Tense offered affidavits from six men
who were in the place when Kiley en-
tered, but who left when they saw that
there was going to be trouble. With
was Furnishing pistol and looking for
trouble, and that this was the cause
of their sudden departure from the
gambling rooms.
These men themselves are under bail
for gambling, each in the sum of $500
The affidavits signed by these defend
ants in another case, are in main, a
repetition of the statement made to a
representative of the Morning News by
AAIr 49,
the shooting. 1t was Monahan, it is
claimed, who Kiley first cursed, and,
too, in the foulest language. This de-
PENDANT was the only one who would
make statement at the time of the
shooting, and he seemingly was relat-
ing just what happened. He has
not changed his account of
the ARRAY, although in no man.
nor does it agree with the sworn
statement of the wounded man.
Following Up Clues.
The county officers are still at work
securing evidence and have examined
more than a score of young men who
were either in the rooms on the night
in question. or who We're in the i'm
mediate vicinity at the time of the
shooting. 1t is still insisted by the
prosecution that Kiley was unarmed
when he went into the gambling rooms.
1t is said that he attempted to borrow
a revolver a short while before the
shooting and that he had no weapon
Immediately before he went into the
place. Kiley's own pistol was at his
home where he left it when he went
to Atlanta. This fact will be proven
by competent testimony The wound
ed man was resting quietly at St. Jo-
seph's Hospital at an early hour this
nd nh tote ctr koI
that his condition is altogether salts
factory