The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-08
LAST WITNESSES
HAVE TESTIFIED
Argument in Clark Case
Tomorrow.
NO new EVIDENCE
Clark Did Not Go On Stand. wilkins
Made Strong Witness for the De-
PENDANT. One New Witness May
be Examined Before the Case
is Argued Wednesday.

is Argued wednesday.
No sensational facts developed at
the Clark hearing yesterday, and the
argument, which promises to be inter-
esting and exciting, will begin We'd
nesday afternoon at three o'clock. The
only witness of Importance examined
yesterday was F. r. Wilkins, of He'll
derson county. the student who was
the States star witness in the prosecu-
ton of Lillston. charged with the
murder of Smith.
Wilkins, besides forcibly reterating
his statements at the former hearing,
located on the diagram the exact posi-
lions OF the combatantS, and of Smith,
who was killed. 1t would be difficult
To believe that Clark was the slayer if
Wilkins testimony is admitted to be
true. Wilkins contradicts Arnold,
Clark's principal witness, who said that
Lilliston fired the first shot, but Will
kins says that Lilliston was carrying
his pistol in his right hand. and that
he was holding Clark around the neck
with the left hand, and that Clark had
To jerk himself loose and reach for
his own revolver before he could
fire.
John Patterson a negro driver, may
be put on the stand tomorrow to tes-
tify that he drove Clark all of Fri
day night and that Clark carried a
pistol, and threatened to kill Lilliston
if ne should find him. 1t was said
that Patterson has made no statement
whatever about the matter.
The prosecution has been conducted
by Messrs. VIM. B. Snow and Armi-
stead Jones, and Clark is represented
by Messrs Harris & Harris The eX-
animation of witnesses has been con-
Quoted by Mr.. Snow and Mr.. Charles
L.. Harris, and several lively tits have
occurred between these gentlemen in
regard to admitting points at dispute
as evidence.
The first witness was Mr.. f. r. Will
kns, business college student, who
was the States star witness in the
prosecution OF Lilliston He was in the
gentlemen's waiting room at Union
depot on the Saturday afternoon of
Fair week when the shooting occurred.
When he first saw the men Clark was
facing the ticket office, and Lilliston
had his left hand on Clark's right
shoulder and Lilliston had revolver
in his right hand. LilliStOn'S pistol was
even with his breast Clark and Lii
lSton were only about foot and
half apart. Clark reached after his
own pistol and at the same time jerked
feet toward the front door, turned and
fired at LilliSton. He did not believe
Clark fired twice before Liliston be-
gan shooting. Clark was moving to-
ward the front door all the time, and
Lilliston was moving in an angle
slightly to the northeast. After firing
the first shot LilliStOn continued i'll
the same direction, and after firing
that shot Lilliston lodged down near
the fourth seat on the left hand row
of benches coming in from the rear
door. Lilliston lodged behind man
standing between himself and near the
centre radiator and Clark the latter
being near the third seat at the Wes-
tern end of the row of benches COM
ing in from the front entrance. Lii
liston while lodging behind the man
located near the radiator, did fire. The
man whom Lilliston lodged behind
had on 4 light coat not a long coat,
that did not go below the knees. After
the firing was over witness saw Lii
liston in the hands of the policeman.
and he saw Clark running out the
door and across the park. The wit
ness saw the man who was shot in
the depot Charles CT. Smith, and
thought that Smith was the man be-
hind whom Lilliston lodged. Lillston
was between the ticket office door
and the row of seats near where the
man was StclHuIHS "iioi'i 80
liston was lodging, but witness could
not swear that the injured man was
the same as he behind whom LlIilS-
ton lodged, but he was firmly OF the
opinion that Smith was the same man.
On cross-examination Wilkins said he
did not see Clark grab LilliStonS PTS
toll, and did not hear Clark say any
thing to Lilliston. Clark did not throw
Liliston over a bench, and there was
no scuffie. and there was no scuff1e eX-
cept when Clark jumped loose. The
witness said Clark fired the first shot,
and of this fact he was positive. Lillis-
ton fired at least once before Clark
fired the second time. Lilliston
changed his position every time he
fired. Lilliston did not seem to be
mad, and witness did not see Arnold
with Clark and Lilliston at the depot.
Witness saw Arnold at the hearing in
police court Monday, and did not re-
member having seen the same man at
the depot on the day of the shoot
ing.
At 1880 the court adjourned till
three o'clock. and Mr.. T. E. Green,
Southern city ticket agent, was put
on the stand. He saw Smith before
any others after he was shot Mr..
Green located Smith near the radiator
where the man whom Wilkins saw
I.iiiiston dodge behind was standing
Mr. Hugh Morson, Jr., cit ticket
agent for the Seaboard Air Line Rail-