The Birmingham age-herald., 1904-11-26
EXONERATES HIM
 FROM ALL BLAME
Roche Says FeItOR Was Jus
 flied in Shooting Him
BOTH ARE DESPERATE MEN
Shooting Took Place on Broadway While Streets Were Crowded With People Leaving
 the Theatres.

With People Leaving the Theatres. New York November 25.-Guy Roche | tbe gambler who was shot last evening in Broadway. near Thirty fifth street. while the sidewalks were crowded with persons leaving the theatres after the matinees was still alive at an early hour this morn- ing. It was said at the New York hos pital that he might live for some time, but that there is a small chance for his recovery.
 The arrest of Stewart A. Felton, known also by several other names, charged with the shooting, was one of the quick est cases of the kind managed by the police in some time. Two men who saw the shooting pursued Felton as he ran from Broadway to Seventh avenue and took refuge in a saloon, where he was pointed out to a policeman. One of the pursuers was stenographer, J. s. King He went to the station, and at the re- quest of the police took on the spot the testimony of all the witnesses. King de- clared that he saw Felton fire at Roche and George P. Aulds, a paymaster in the | navy confirmed his words, saying he stood close beside Felton at the time. Half dozen other men were examined and Felton, who gave his birthplace as Ohio, was searched. In one pocket was a roll of s29OO in bills of large denomi- nation. The prisoner showed absolutely no concern over his arrest.
 Is Declared Bad Man.
 After the hearing had been completed Police Captain Cotrell declared Felton to be one of the worst men he had ever to deal with in the precinct and that Roche was equally bad.
 "As a gambler" said the captain, "Fel- ton has given me more trouble than any other man in New York. For long time I have had men stationed in front of his place in Thrty-sixth street and also at the rear entrance and have tried my best to drive i'm out of the city, Other policemen declared Felton was driven out of Chicago several years ago and was known all through the west. 5 At one time he ran a gambling house, , 1t was charged just back of the station 1. house. This place had movable bridge by which patrons could enter after which . 1t could be let down. In case of a raid } they could escape in the same manner. Result of Old Feud. The police say there was an old feud |, | between the gamblers and that Felton ] had been pursued several times to sev- eral cities by Roche who had threatened his life and that Felton finally had him arrested. Later the men became recon | od nd along vUa } with a third man who escaped in a cab when the shooting took place. From the moment Roche was taken to the hospital after the sensational shoot ing in the midst of the holiday crows on Broadway, the surgeon told him that his case was almost hopeless. The sur geon joined with the police in pleading with the wounded man ,o name his as- sailant, but every request had met with refusal early today. If l live I'll set l tie the case myself, If I die let 1t go f at that" was his only answer
 Today however, the physicians had told Roche that there was practically no chance for his recovery, he consented to have Feiton brought before him and said he would identify him as the man who fired the shot.
 When the prisoner was brought to the wounded mans bedside, he said: 'Yes. Frank shot me, but he was justified.
 
 Asked Him to Shake Hands.
 Then addressing Felton, who had appar- entity not been moved in the least by this declaration, the dying gambler said:
 Goodbye, Frank, old boy. I don't blame you"
 Roche told the detectives that he and Feton had quarrelled, but that he could not recall the cause of the trouble.
 At the close of the interview the wound
 
 being taken away and said to him:
 Wont you shake hands, Frank?
 Felton did not reply and did not ap- pear to notice Roche's request.
 "oh, don't act likt that Frank, wee old pals shake hands with me-"
 Felton did not shake hands and the detectives then took him away. The po- lice believe that the trouble between } Roche and Felton, which eliminated in the shooting arose over a woman, who had transferred her affections from Roche to Felton.
 Says Act Was Justifiable.
 The wounded man, however, repeated his statement that Felton was his as- sailant, but insists the shots were fired in sef-defense, and the act was justif- able. Roche told the coroner that he had been drinking heavily yesterday and that while going along Broadway he met | Felton in front Of the Marlborough hotel, | After a few words quarrel arose. Eel ton, he said. tried to soothe him. but his condition was such that he only became the more angered. He said that he told Felton he was going to shoot him and walked away to get gun
 ! He returned a few minutes and as | he approached Felton he put his hand to his hip pocket to draw the weapon he says he had secured. At this moment, | Roche told the coroner, Felton drew his | revolver and fired two shots at him. | Roche declared that he had no relatives. At the moment he was saying this how ever, a we'll dressed young woman, who had previously called at the hospital and asked to see Roche claiming to be his sister, was waiting for opportunity to see him. She was permitted to see Roche after the coroner went away.
 Roche is about 30 years of age and came here about ten years ago from | Kentucky.
 Felton was later arraigned in police | court and held without bail for exam | ination next Sunday.
 Should Roche die before Sunday the prisoner will be taken immediately be- | fore a magistrate and remanded to the | | coroner
 During the day Assistant District Att | torpeys Rand and Garvn had nearly all |