The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-10-24
BLAME IS SHIFTED
FROM BAY TO LYAL
MAN ACCUSED MURDER RELEASED
Railway Men Claim to Believe that
Prosecuting Witness Knew
Most About Crime.

Charles Bay, the brakeman charg-
ed with having kicked the colored
man James Kelly from a fat car at
Yakima City on the night OF October
IL, causing his death, was discharg
ed by Judge Taggard Friday.
The witnesses for the state, Frank
Lane and Matt Kane testified that on
the night of the 18th they had seen
Bay kick Kelley from fiat car
loaded with sacks of wheat and COW
cred with a tarpaulin and that there
had been an alteration between the
brakeman and the negro at Yakima
City prior to the trouble on the
train. Frank Lane, for the state
told how he had left the train with
the intention of coming the rest of
the way to North Yakima on foot
and that how, when he was about
a half a mile from Old Town as the
| freight overlook and passed him. he
saw the head brakeman on the en-
CINE. Here is where he claimed he
saw Bay come over the train from
the rear. get down on the wheat
sacks, go up to where Kelley who
was sitting with his legs hanging
over the end of the car, take him by
the back of the neck and deliberately
kick him from the car. When asked
on the stand if he was willing to
swear that the man who did the
kicking was the prisoner Bay, Lane
answered Yes sir, ! am, 7 saw him
do it, ] know he is the man be-
cause ! saw him twice before"
When the case was called again
in the afternoon Bay was the first
to take the S and He told a straight
| forward story which the prosecution
failed to shake by some of the most
| igenious cross examination ever
heard in a justice court. Mr.. Krutz
tried to break him down where there
seemed any weakness in his evidence
but every question was answered
promptly and with perfect frankness.
When put on the stand in his own
defense Charles Bay said: 81 was the
hind brakeman on the west bound
extra that this negro is said to have
been killed by. While we were wait
ing at Yakima City for the train
| from the west | was in the station
talking to the agent. As soon as the
other train had pulled in on the side
q
head brake started for the head
end. | don't know who went to the
engine or where they stopped. but
they both walked up that way My
| dope bucket was hanging on the
ladder of box car about ten cars
from the rear end so | got that and
then waited for the caboose caught
on as it came by. As we passed the
rear end of the other train | called
out our identification number 1866
and the brake on the back of the
other caboose called back his, but
| can't remember what ii was.
From that time until we got to North
Yakima l did not leave the caboose
and knew nothing of the death of
any one until Vining the CONDUCTOR
asked me if l knew anything about
a man who had been run over at
Yakima City
Thomas Vining, the conductor.
testified that he and the head brake
man, f. j. Lyal had gone towards
the engine as the east bound extra
drew in onto the siding, Lyal stop
ped about ten cars from the front
of the train and he himself had gone
on with the orders for the engineer,
remaining in the cab all the rest
OF the way to this city. When about
two miles out of Old Town Lyal
came over the train and entered the
cab.
Four other witnesses were put on
! the stand by the defense, but their
testimony was of no Importance ex-
cept in that it corroborated that
given b. Bay and the conductor on
all the more important details.
The prosecuting attorney and Mr..
Snively made able pleas, but consid-
ering all the evidence Judge Taggard
decided that there was no evidence
which would warrant binding the
prisoner over for the superior court.
The theory of defense was that if
any one was guilty of kicking the
negro from the train it must have
been the head brakeman Lyal. From
the evidence it appeard that Vining,
the conductor was the man Lane
saw in the engine and whom he
supposed to be the head brakeman.
Lyal caught the train about the
middle and coming forward en-
countered the colored man Kelley
e.
This theory is strengthened by the
testimony of the conductor which
showed that Lyal reached the engine
when they were about two miles out
of Yakima City. Kelley being found
about half a mile from that sta
ton.
Another theory held by some of
the trainmen is that, after robbing
the negro Lane and Kane, who APP
peared against Bay, threw Kelley
from the car and he was caught by
the wheels.
Many friends of the accused
brakeman were present at his trial
among them Conductor Williams
who has been with Bay for over six
months and wished to be quoted as
saying that Bay was one of the best
men he ever had been with and a
popular man with the other train
men.
The switchmen and not the Order