The Savannah morning news., 1902-11-14
NE HAD NO PISTOL
INpER OATH Dan kILEN sANs as
WAS INA8MED.
CONSTABLE MAKES AFFIDAVIT.
SAYS TWO RosENTHALs;A AND BRN-
An SHOT HIM.

sworn Statement of Wounded Nun
VIII BE Matched Against Afidavits
of six who Were in the Gambling
Rooms when the Trouble First
Started-ILiIey Claims He Was
Leaving the Place when the
HosenthaI Brothers Came Up Be-
hind-Heard Doc ROsenthaI Curse
Him, and as He Looked Around the
Shooting Began-says He Was Set
Upon by Workers in the Place.
Had Been Drinking. but Denies
That He was Crazed by Liquor.
First Full Statement Made by
wounded Omcer six Charged
with Gambling.
With the chances for his recovery
about even Daniel J. hiley, the con-
stable who was shot and beaten in
Broughton street gambling house
Tuesday night, made oath last night
at ST. Joseph's Hospital that he was
unarmed when he went into the place.
The contention of the state will be
that Kiley had no weapon of any sort
or description and that the shooting
was not justified. The officers who
are at work on the case for the prose-
cution are conducting their examina-
ton on this line and an effort will be
made to show that Kiley was shot
down and then brutally assaulted
without sufficient legal provocation.
The affidavit made last night by the
wounded man will be used before
Judge Barrow this morning when ar
guments Will be heard on the appli-
cations filed TO have the defendants
admitted to bail
E<iIey's Statement
The statement made by Kiley under
oath is the first complete story he has
told since the ARRAY occurred. The
wounded man was resting quietly and
was perfectly rational when he die
tated and signed the sworn statement.
1t was reduced to writing by County
Detective D. ]. Charlton and was
sworn to before Justice Richard Wick
ham. The statement follows:
Personally appeared d, j. Kiley,
who being duly sworn, says on the
drinks in me, but was not drunk. l
did not have a pistol or weapon of
any kind. l had a cigar in my hand.
The two Rosenthals were in the party
who shot and attacked me as I was
going out of the keno room into the
poker room, on my way to the street.
Il was not molesting anybody, and
was going out in quiet manner. The
two Rosenthals were in the keno room
when my attention was attracted by
Doc" Rosenthal saying, There he is,
him. Kill him., and then they
shot me. There were others in the
party.
Bryan, l am sure, was amongst
them, and the other fellows who work
in the place. The blows on my head
were inflicted when 1 fell back from
the steps leading in the poker room.
on the table after | was shot. | did
not do any shooting. as I had no gun.
and did not attempt Rosenthal's life.
I cannot now think of the others who
composed the attacking party"
other Statements.
This affidavit from Kiley will be met
this morning by five affidaVits pre-
pared last night by counsel for the de-
PENDANTS. Monahan, Jowett, Groves.
Mehrtens and Peter Smith are prepar-
ed to swear that Kilev went into the
took charge. These witnesses will
swear that because of the disturbance
he created the crowd cleared out and
that they left too. They will swear
that the constable was armed with a
revolver and was flourishing 1t as he
entered the place.
If it is proved to the satisfaction of
Judge Barrow that Kiley's statement
is not true. and that the ARRAY hap
a nv Anfa do re
there is a strong likelihood that the
prisoners will be admitted in bail. The
defense will have TO show. however.
that Kiley was armed and the ag-
gressor throughout. Judge Barrow
stated to counsel for the prisoners yes
terdaY that If they could show that
kiley had gone into the place pistol in
hand, prepared to clean it out, and was
then and there shot strong showing
why bail should be allowed would be
made.
The Right of Bail.
Judge Barrow said that the question
of bail does not turn upon the life OF
death of the prosecutor. Even though
Kiley should die those charged with
the murder could be admitted to bal
if proper showing was made This
is matter that is entirely discretion
airy with the presiding Judge.
When the question of allowing the
prisoners to give bond came up yes
terday Judge Barrow said ne knew
nothing at all about the facts of the
case. All of his information. he said
he had CLEANED from the public print:
and was absolutely ignorant other.
wise. Judge Twiggs for the defens,
said that facts could be adduced L
show that it would only be right anC
proper TO accept bail for the mer
charged with the assault Solicito,
General Osborne stated that he would
secure an AFFIDAVIT from Kiley and b,
prepared to present it at any time 4
hearing was set for o'clock thi
morning in chambers At that hou
the contentious of the state and tn,
defense will be made known. ant
Judge Barrow will be called upon t,