The Montgomery advertiser., 1903-05-09
PUCMTT GIVEN BAIL
RESULT OF PRELIMINARY BE.
 FORE JUDGE AFFORD.
Young Man Accused of Killing Patrick Riley by Striking Him on the Head With
 Wagon Spoke.

III the lnIerl0r Criminal court tnlS morning the preliminary hearing in the case of the State of Alabama vs. Joseph Puckett. murder, was called. Judge Jules E. Afford. presiding Puckett was charged with having struck Patrick Riley. another young white man, on the head with an oak stick Sunday afternoon last on Government Street. beyond the city limits, the blow, 1t Is alleged, producing death about 10 o'clock that night.
 Witnesses for the State and defendant had been summoned as follows: State Thomas Riley. Dr. P. J. Acker. Arthur kennon. Henry Robinson. Richard Ken non. Richard Battist, Frank Murphree, John Tachior. Jr., Jonn Chigazola. Fred Chigazola and Sam Davis. For the de- fense-Arthur Kennon. Richard Kennon, Henry Puckett. John Tachoir, Jr., Frank Murphree. James Murphree, Jr.. Henry w.. H. Holcombe. D. T. Gimon. J: D. Antoine. T. J. Dameron. Tony Betbize, Gus Jones. Gertrude Feounille. John Chig- azola, Fred Chigazola.
 There was large gathering of specta tors. some through interest in the de- fendant and the deceased. others out of mere idle curiosity.
 Prior to the calling of the case wit time with the Soli:itor. the attorneys for the defense, in the meantime, rot losing time in this particular. The defendant. with his father, brother and other rel atives. sat in the encolsure together.
 The defense announced waiver of ar- raignment and pleaded not guilty. Thom- as Riley, father of the deceased, was the first witness called He saii:
 T am the father of deceased. His name was Patrick Miles hiley He died at 10:15 o'clock Sunday night. know nothing of the facts of the affray. brought my boy home. He never spoke I did not see his head after the postmor- tenn. He weighed about 13O pounds" The defense asked no questions. Richard Beattie-Was present at ball game, or near. Heard defendant say to Pat Riley: This wasn't the time" Pat advanced to Joe Puckett- Stepped here on objection of defense, when argument | as to showing of the defense was gone into. The Solicitor said he expected to | show a previous quarrel and that de- fendant made the remark, Never mind, I'll get him." and that defendant came up to deceased afterward. Witness be- | ing asked as to the time of this occur l renee. said 1t was some time before Objection overrulei.
 Witness continued, sayinS-Heard Wal | ter tell Pat, If you are looking for trou- ble I'll fight you new, fair" Joe said: No, not now. Come on Walter. Pat, | you know you are taking advantage of an opportunity. This isn the time I'll get you" Joe and Walter went home. A few hours after Joe came up to the gath, | erirg of boys. He had a wagon spoke
 
 le. He said he diln't know, he might have trouble. He related conversation wherein Murphree and Harry PucKe tt had trouble. Harry had his arm raised Puckett told Harry. You get back; I'll attend 10 this." He grabbed Frank Mur- phree's hand. He had a closed knife In his hand. Tachoin told Joe to let Mur- pfree alone, whicn he did. Joe then turned to Pat Riley and called him vile name twice. and said his time had come l heard some one say. Go away Joe, leave me alone" Pat was backing from Puckett Joe male a lunge and on the second effort struck Pat Riley and knife fell from his hand. It was about seven yards from me. He stumbled at the side of the road against the root of a tree, in the side of the cut in the road When he stumbled he made one step for ward towards Joe. When he fell ne nev CT spoke.
 Cross-The ball game was in the morn- ing and wound up a little after 1 o'clock The first talk happened after the game. Couldn't tell what 1t was except about a game. Riley didn't say anything about betting on the game.
 Witness created merriment when ask ed as to the row at the ball grounds by asking the attorney for the defense If he heard of a row there. He didn't con- slider. there had been any row Did not know what they were contending about. Heard Joe tell Pat. You are taking ad- vantage of an opportunity; your turn or time will come" Didn't know If the others around were friends of Riley.
 After attempts to get names of those who were present, the attorney for the defense called the names of witnesses. and he. acknowledged their presence. The boys began drinking as I left. The limit in drinking had about been reach ed. I returned later in the day. Puckett and Tachior were in the crowd when I arrived: was alone. When l came up [ haard toll koIl "a person who lived in the road with us and bet against us is a person of poor principle" Harry Puckett then struck Murphree. The latter staggered to the his hand. When Pat Riley came up. Joe told Harry to stand back, as he would attend to it.
 In attempting to obtain further inform court remarked that he thought the wit ness not responsible, and said he was willing to excuse him, which was done
 Frank Murphree was called and told other party, Pat Riley had knife in his hand which he was using. having can fin the other. Joe Puckett came up. He had wagon spoke in his hand. Joe ness. T told him what said I would tell him any other day. Harry struck me in the mouth. Joe struck me on the hand and he went at Riley. He struck at Riley ana Hat went down the bank. AS he came up. Joe Puckett struck him and he fell. Riley backed away from Joe Riley did not strike at Puckett as he was backing away
 Cross-"Joe and I had row at the store If Pat got after him I know nothing of 1t. I was with Pat some time. There were others. a large crowd. We had beer and were celebrating the game. I was reasonably full. but couldn't say about Pat Riley. He went to Toomers store. There we found Joe him. said this because he said he wasn't afraid of the whole crowd. Our crowd ate deviled ham. We didn't offer Joe any. Pat told Joe he beat his fa- ther out of some pipe. I didn't hear Pat tell him If he came out of the yard he would fight 1t out When We went down the road we met Harry Puckett and Tachior. Pat put the knife ip his pocl<- et." (Knife produced) Witness said knife looked something like it. Had been talking to others when Harry came others before Joe came up. This was friendly. Joe came at a fast walk, He was about thirty feet off when witness first saw him. When Joe came up he saidsaid he thought they were trying to jump on Harry.
 Richard Kennan next told of the af- fair. his statement being along the lines of Murphree's testimony.
 John Tachoir said he was friendly to both parties He was present when Riley was knocked down. He Harry Puckett and Frank Murphree in the road Arthur Kennan asked Harry what was the mat