The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-29
Testimony Yesterday in
the LiIIiston Hearing.
MYSTERY UNRELIEVED
So Far as is Yet Disclosed There is
No Theory of Depot Shooting to
Connect Arrested Men With
the Death OF Vic
tim.

The great interest manifested in
the case of the two Fair fakirs, Clark
and Lilliston in jail for the killing of
Charles G. Smith. of Petersburg in
Union depot a week ago was shown
by the big crowd in attendance at
the preliminary hearing yesterday.
This was held by Police Justice
Badger of the City Court, and the
only thing done during the afternoon
was to hear the evidence for the
State against Lilliston, while the
hearing in the Clark case will come
after the Lilliston case has been fin
ished on Monday. The principal part
of the afternoon was consumed in
the fight made by Col. j. G. l.. Harris
of counsel for Clarke. to have his
mans case continued till the middle
of next week, the absence of witnesses
needed, and engagements of Col. Har-
ris on Monday being urged as causes
for delay
The case was to have been heard
beginning at one o'clock, but it was
40 when a start was made. Harry
Clark, alias Fred Morris, and Robert
| H. Lilliston were brought into court
and took their seats near their at
| torneys, Clark, known as "the Jew
is dark of hair dark of complexion,
no sign of interest in the case. Lill-
| iston is a larger man, fiorid complex
| ion. light hair, blue, steely looking
eyes and heavy chin. His fingers ara
1 badly stained with yellow mraks of
cigarettes and he chewed tobacco
vigorously during the hearing. Each
man is putting up a. separate fight
! in the case and neither looked at the
other during the hearing. Lilliston's
father, looking something like an
easy-going farmer sat near his son
and smiled at times. In the court
room were the brothers of the muir
| dered man.
City Attorney Snow first called over
the list of State witnesses and then
announced that the State was ready
for trial. The witnesses called were
Ed. r. Hutchinson, the human bomb
man. DR.. J. W. MCGEE, Jr., Dr.. 7. VI.
Jordan, p. w. Watkins, j. M. Pugh.
W. r. Horton, Archie n. Parker,
| Thos f. Green. Hugh Morson, o. M.
Shadrick, Tom Young. H. S. Lewis g.
L. Johnson, c. B. Wilkerson, M. r.
| Glenn DR. w c. Horton, Dr. r. s.
McGeachy, J. B. Anderson, Earl Cot
| ton c. f. White. Col. r. l.. Holt, of
! Burlington and John Patterson, coli
ored.
! Cot Harris asked which man was
/ to be tried first and Mr.. Snow replied
Clarke"
Col. Harris then asked for time
| till the middle of the week, and there
| was much debate on this. He said
! as he had not been able TO get some
| witnesses who were very material
/ to the defense of his client that time
should be given he was not consulted
as to tnis Ulme for the hearing, or he
would have asked that the hearing
be had on a different day. He said
| there were several prominent men
/ l.n1, lan hlff w ~
had not been subpoenaed by the State
| He wanted chance to get these
witnesses; besides this he asked time
as he was to go into an important
case in the Superior court Monday.
day.
Mr. Snow, the city attorney, and
! Solicitor Jones both objected to
| continuance. they contended that the
attorneys for Clarke had had a whole
week III which to get their witnesses.
and that Clarke knew who was at the
depot with him, and if he wanted the
witnesses he could have etasily gotten
| them In fact it was held that Col.
Harris had offered no legal reason for
continuance. and Mr.. Snow declar-
ed that he had never heard such re-
quest based on similar reasons.
Justice Badger wanted to know
where were these witnesses. To this
/ Colonel Harris said one was
/ III OndGlOlle, anu tMO ObliViS
were students now out OF
town. When pressed for the names
of his witnesses, he said that his cli-
ent wanted man by the name of
| Thompson from Burlington; a man
| by the name of Hall. from Charlotte,
and two students from Draughan's
! College. and he wanted to prove by
these that his client Clarke, could
| not have fired the fatal shot, though
| he had never examined the witnesses
! and did not know what they would
/ testify.
| The State demanded that the at
| torneys for Clarke make affidavit as
! to what they intended to prove by
! these witnesses The court took Il
/ recess for over an hour and a half
! for Col Harris to prepare the affida-
Wit but as the time passed the State
| decided to go into the tial of the other
/ defendant, Lilliston. who asked TO
! have his case taken IN.
strange Features of Evidence.
| So far as the evidence taken yester-
day is concerned the State appears to
have rested without any evidence suf-
ficient to connect either Clark or Lill-
| iston with the killing of Smith
| Epitomized this evidence has all had
| to do simply with the shooting by the
nesses have stated that Clark fired
| twice. both. times in the direction OF
the Southwest corner Of the depot. and
| that Lilliston fired five times, necessar-
Continued on Page Thirteen.)