The Savannah morning news., 1904-03-26
WILL ARGUE FOR
DYAL'S RELEASE
APPLICATION FOR BAIL MADE,
WILL BE ARGUED BEFORE JUDGE
sEABROOK IN SUPERIOR COURT

DyaTs Attorneys Confident That the
Slender Chain of Circumstances
Against Him Will BE Sufficient
Grounds for His Release Under
Moderate BOnd-He Is Charged
with the Murder of Young Leland
Murray Near WaIthOurviIle.
Argument on a petition for bail for
John Dyal will be heard by Judge Sea-
brook in the Superior Court room to-
day. and attorneys for the man who is
held charged with the murder of young
Leland Murray near Walthourville,
some weeks ago, are confident that
their client will be released under a
reasonable bond.
Messrs. Norman & Way, who repre-
sented Dyal at the preliminary hearing
at Hinesville some weeks ago, made
motion at that time for bail for their
client before Judge S. B. Brewton of
the County Court of Liberty, who con-
Quoted the commitment hearing, but
the court refused, stating that the Of
Tense was too grave, although the evil
dence against the prisoner at the bar
was not conclusive.
1t will be shown by the attorneys
for the defendant to-day that If large
bail is demanded of their client it
will be the same as if he had no bond.
He is a poor man, with no relatives
who would be competent bondsmen,
and he would have to depend largely
on the railroad employees union for
bond for his appearance.
The commitment trial was conduct
ed at Hinesville on March l, Col. p.
w. Meldrim of Savannah and Mr.. w.
J.. Clay appearing for the prosecution
and Judge N. ]. Norman of the firm
of Norman, Beckett & Norman and
Col. w. S. Way appearing for the de-
PENDANT. Since that time Dyal has
been confined in the Liberty county
Jail awaiting the hearing of application
for bail before Judge Seabrook
Evidence on which He Is Held.
The evidence on which Oval was
held by Judge Brewton was altogether
circumstantial. There was but one of
these circumstances convincing and
that would not, it is believed by Dyais
| attorneys, be accepted as sufficient
proof to convict by jury. This point
of evidence is that the empty gun
shells found near the spot from which
young Murray was shot correspondent
with some sold by a firm in Mcintosh,
and that Dyal bought some of this va
riety in September last.
No testimony was introduced to
prove the size of the shot. The point
made by Detective Gus Godbold was
that the indentation in the cap of the
shells found near the body of young
| Murray were a little to one eide, and
that a single barrelled, gun in the pos
session of Dyal made identically the
same peculiar indentation. These
| shells, with some fired subsequent to
| the tragedy, were introduced in evil
dence. 1t was also shown by the pros
ecution that Dyal had made statements
that Murray should be made to quit
work with the rest of the strikers, and
| if he could not be made by fair means
that strenuous steps should be taken
! to that end.
Set Up an AIfbi.
The testimony of r. P. Phillips, a
blacksmith at Mcintosh, and also his
negro assistant, accounted for the pres
| ence of Oval at almost the Identical
| hour of the shooting. All of Mr.. Phil
| lips statement was corroborated by
his assistant He said that on the day
of the tragedy he first saw Dyal at
| about 10 o'clock IN the morning. He
which was near by. AS soon as the
noon mail came he saw Dyal go back
to his home, and at / o'clock saw him
| go to the colored school house well
for a bucket of water. After dinner he
saw Dyal and his wife, accompanied
by their child, go to the we'll again for
a bucket Of water. After that he saw
| Dyal sitting on his front porch
In his statement Dyal accounted FOR
his actions on the day of the shooting
| just as was shown by the statement
of the blacksmith. 1t is contended by
defendants counsel that if Dyal had
been seen as late as 1890, even on the
day of the homicide, that he could not
| have possibly gotten to the spot where
the shooting occurred, and if there had
| been a mistake about this time, and
he had been seen two hours later, there
was no chance for him to have gone
to the spot and get back home within
that time.
The Coast Line Railway employed
| Col. Meldrim to assist its counsel Mr.
w. l.. Clay, in the investigation OF
the case, and they will probably OPP