The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-28
TO ASK FOR BAIL
Petition in Habeas Cor
pus in Behalf of Fakir
LiIIistOn.

Justice Walker yesterday granted a
petition in habeas corpus on behalf of
LilliSton, the fair fakir, who, along
with one Clark. was bound over by the
Police Justice on charge of murder
in having caused the death of one
Smith, also a follower of fairs, at the
Union depot in Raleigh ON Saturday OF
the last fair week. IL r.
The circumstances eliminating in
the death Of Smith will be well re-
called Lilliston and Clark, who had
the night previous had "a difficulty in
the house of i'll fame at No. 522 East
Davie street. met in the Union station
and engaged to all appearances in q
pistol duel during which seven shots
were fired. five by LilliSton and two by
Clark. Neither of the actual combat
ants We're injured. but after the panic
ocCasioned by the shooting III the
crowded depot had subsidized, the man
Smith was found staggering about and
severely injured. The ball from the
pistol which had wounded him had
entered practically infthe small of the
back and the condition of the overcoat
showed that it had been fired al very
close range. the powder burns being
unmistakable. There was "a variety
of conflicting testimony adduced at the
preliminary hearing, the only evidence
positive and injurious to either of
the defendants with respect to the
death of Smith being two witnesses
for the State who testified that after
the first one or two shots in the be-
ginning of the pistol battle Lilliston
lodged behind a man wearing light
oVercoat similar to chat worn, by
Smith. One of these witnesses in addi-
ton stated that he had seen Smith
h. no oh n n
was the man behind whom Lilliston
stepped after the shooting had COM
menced.
So far as the evidence at the hear
ing disclosed there was nothing what
soever to connect Clark with the kill
ing of Smith, except on the principle
that one engaged in an affray in which
deadly weapons are used may be held
for injuries resulting therefrom. 1T
was not shown that Clark was the
aggressor or that he fired except twice
after Lilliston commenced to shoot,
it appearing that during the course of
the revolver duel he was retreating.
The petition for the. writ of habeas
corpus as to Lilliston IS made return
able at 10 o'clock on Friday morning.
The evidence to be used in this hear
ing will doubtless be the same as that
used in the preliminary hearings,
when WAS taken uOWfl ny al SIeHOS-
rapher.
Although both Clark and Lilliston
were bound over without bail il IS the
general opinion among thaSe who have
followed the evidence that the writ
will be issued permitting bail, since
in no light of the testimony has there
seemed anytime to connect either of
the men with the crime of murder in
the first decree which alone in such
case could justify commitment with
out bail.
There was current at the time of
the killino Il theory to the effect that
the pistol duel was merely a sham de-
vised for the purpose of conspiracy
to enable a third party to kill Smith
undetected during the excitement
caused by the shooting. but there was
no evidence brought out which could
tend TO establish that view.
Smith, the man who was shot died
soon after being carried to Rex Hos
pital and without opportunity to make
a statement which could be introduced
as hIqvino been made in fear of death.
A statement which he made in the
carriage, but which cannot be brought
out in the evidence, tends to give some
color to the conspiracy theory, but is
of course unavailable.
strangely enough the women at
whose house the shooting originated in
the quarrel and fight between Clark
and LilliSton were never put on the
stand. nor has the evidence given ir
such trial TO connect them with run
ming and maintainin~' diSreputablC
house ever been acted upon by the
notice.