The news & observer., 1905-12-15
He FLED BLEEDING
Ashevi!Ie Negro Killed by
Prominent Citizen.
r. M. Stevens Now in Jail. Declares
He Thought the Negro Burglar.
Possibility Of Horrible Mis-
take.
Especial to News and observer.)

Especial to News and Observer
Ashevflle, n. c., Dec. 4.-Caleb Lee.
negro, head cook at the Hotel
Berkely, was shot and killed this
morning about six O'Clock by Francis
NJ Stevens. a wealthy and prominent
citizen of this city.
The negro was struck four times.
One of the bullets entered near the
back. and penetrating the intestineS
eight times, lodged near the ribs.
Another bullet entered the left side
about four inches below the nipple.
The other two took effect in the head.
After the autopsy, which disclosed
these facts, was concluded the coro-
ner's jury began to hear evidence.
Testimony was taken all the forenoon,
and at 3 o'clock today the jury found
that Lee had come to MS death by
gun shot wound, inflicted by the hand
of f. NJ Stevens. Mr.. Stevens was
held for trial and is confined in the
county Jail tonight,
In an effort to have their client
released on bail, Mr. stevens attor-
neys have sued for writ of habeas
corpus, and the proceedings will be
heard before Judge Fred Moore, of
the Superior Court, tomorrow.
MIR. Stevens version of the killing
is that he has been annoyed frequent
ly by attempts at house breaking and
burglary, and that he was awakened
this morning by hearing the negro
on his premises and Immediately OPP
ened fire and killed him.
John Y Jordan, who lives next door
to Mr.. Stevens, stated that Stevens
had told him that the man was at
tempting to break into his house. Mr..
Jordan said that he was awakened
Iabout six o'clock this morning by pis-
tol shots; that he arose and looking
out Of the window, saw a man half
running down the street staggering
and groaning. Shortly afterwards
Mr.. Stevens came over and asked
him if he had heard the pistol shots.
The witness replied that he had. Mr..
Stevens said" continued Mr. Jordan,
that he came down to tell me that
some one was attempting to break
into his house and that he shot at
him, that he did not know whether
he hit the man or not. and that he
did not know which way he went. He
said that he had been annoyed with
people in his back yard at night. and
that he had been trying to catch up
with them
The deceased negro, however, has
always borne a good character, and
from his dying statement it would
seem that he was the victim of q hOr-
rible mistake. He informed Police
Captain Taylor, who reached him i'm
mediately after the tragedy, that he
was passing through Mr.. Stevens
yard on his way to his work and was
molesting nothing when some one shot
him. The man was bleeding from
wounds in the face. and died in fifteen
minutes afterwards.
Wallace Gardner, another negro.
who lived in the same house with Lee,
testified that Lee called him this
morning and said it was time to get
up and go to work; that Lee left the
house and about twenty minutes af-
terwards he heard of the homicide.
1t was also stated that the route
which Lee is alleged to have travelled
this morning is one that is frequent
ly used, and that a pathway has been
made across the lot.
An interesting feature of the inquest
was the refusal of the coroner to al
low Solicitor Brown. representing the
State. to examine the witnesses sum-
moned before the jury. Coroner Nor
ris said it was his understanding of
the law that attorneys had no right
to ask questions at coroners inquest
until by consent of attorneys for both
sides. and after vigorous protest and
some discussion. Solicitor Brown said.
Upon the ruling of the coroner that
the State has no right to be represent
cd at this inquest I desire to with
draw"
Tho private prosecutor. however,
remained at the inquest.
Mr.. Stevens is au old resident Of
Asheville. has many friends here, and
is reputed to be quite wealthy.
The affair is greatly deplored.
n Emanuel. who was hurt in
,,1t, iG
as a result of his injuries.