Pine Bluff daily graphic., 1907-09-06

lands. They remained at the Arling- ton Hotel throughout the night and went to Union Station at 1O:27 o. clock Thursday morning to take the train for Monticello. Strobe and Griffin both stated today that they did not believe that Hardy knew of McVay's presence on the train, as he displayed no uneasiness nor did he tell them that he had an enemy near by.
 When the train came in from Little Rock, Hardy went into the first chair car from the front platform. He walked into the car and in the aisle he met A. w. Lowe, of this city, with whom he shook hands and chatted a little while. Then he turned and be- gan talking with B. s. Maloney, a travelling man from Monticello, who had boarded the train here, having re- gently returned from a business trip to Cornerstone.
 Maloney's Statement.
 MT. Maloney was still in the city this morning, having left the train yesterday after the shooting to &C., company his friend to the hospital. He also accompanied the body to Mon- ticello today.
 r'When I entered the car,' said Maloney in relating the incidents of the tragedy, there was some excite ment caused by drunken man. The fellow had boarded the car and po- liceman was taking him off, After the excitement I walked to a vacant seat and placed my grip and coat there. AS I did so I saw John McVay seated five or six seats back, on the arm of one of the seats I spoke to him and he replied to me cordially. After I seated myself, Ben Hardy came in from the front door. He spoke to Alb Lowe and afterwards spoke to me and sat down on the arm of the seat I occupied. We were talking together and I asked him to get into the seat. He stood up to get into the seat and two shots were fired. Hardy had his back turned to McVay when the first shot was fired. He turned before the second shot was fired and then ran in the opposite di- rection from McVay, screaming with pain every step he made. He ran from the car into the station and when I turned around to see who was doing the shooting I saw McVay with pistol in his hand. hurried out of the car to aid Hardy and found him in the waiting room being assisted to his feet by others. I did not sae Hardy look at McVay and do not know whether he knew of his pres ence there or not
 Either Wound Deadly.
 Doctor B. A. Hall, one of the at tending physicians, stated this morn ing that Hardy was shot in the back, just under the left shoulder. The bull let tore it's way through his body, lacerating the spleen, left lung, heart and stomach. The other bullet enter ed the left side of the abdomen, near the left hip bone, tearing large holes in his intestines. Either wound, he physicians say, would have caused death. The bullets were flattened out and Doctor Hall says they re- semble the dunn dunn bullet, which is prohibited in modern warfare.
 Hearing September 10.
 Owing to the illness of McVay the preliminary hearing, which was set for today, has been postponed until September 10 before Justice J. A. Fra zier. McVay spent most of Thursday in the Sheriff's office at the court house. He was taken i'll Thursday afternoon and had to be taken to the Hotel Jefferson, where physician at- tended him throughout the night. He is under guard there today, being un- able to leave his bed, but as soon as he recovers, he will be placed in jail.
 Case in Federal Court.
 The suit was pending in the federal court at Little Rock against Hardy at the time he was killed. The plaintiff in the suit was John M. McVay his slayer, and he prayed for $50,O00 as personal damages against Hardy, the charge being that he maliciously shot away his left leg at Monticello, May 1, 1906. Prosecuting Attorney w. D. Jones and his law partner, s. M. Tay- Tor, filed the suit against Hardy and were the attorneys employed in the case by Mcvay. The case will now be dismissed.
 McVay in Bad Health. m c-Y