Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-06-24
CBy Jesse f. Burtz.)

PALATKA, June 23.-The second
day Of the special term Of the cir
cult court of the Eighth Judicial Cir
cult, at which is being tried the case
of the State VS.. James Kelley and ID.
NJ. Davidson. charged with the muir
der Of w. c. Sellars. night Waterman
of the Atlantic Coast Line shops at
High Springs. in August. 1906. was
called to order at $3.50 o'clock Tues
day morning, Judge J. T. Wills pre-
siding.
Peter BuTkhart. State witness who
was on the stand at the hour of ad-
journment Monday. was recalled, and
was subjected to a rigid CrOss-exami-
nation by the defense.
J. NJ. Smith. the first witness Ia
the trial, was recalled by the de-
Tense. and was questioned regarding
the description OF the two men whom
he recognized coming down the rock
road just prior to the killing Of Sci
lars. Witness stated that he de-
scribed the men before the cOroner's
jury Asked by the State why he did
not testify before the cOrOneT's jury
that the men he saw resembled Kel-
ley and McIlvaine. DavidsOn's meat
cutter. witness replied that he was
"one against many" and that he was
afraid he would be shot. He declared
he had at one time prior TO the shoot
ing OF Kelley been shot at i'm High
Springs. Witness referred 10 frequent
tlefts OF merchandise, principally
hiskey. which was stolen from cars
q High Springs while he was en-
Dyed there.
G. H. knight was In High Springs.
nd was seated on platform Of pas
niger station az the time Sellars was
hot Just prior to the shooting he
NV Davidson, J. NJ. Smith and Sci
hrs standing together on the freight
warehouse platform. Described the
movements Of the men. but did not
Iotice anything unusual As the shot
vas fred the trio had left the pla,-
form and started toward him. David
on was in front. Srith second and
GLARS I'm the rear. Heard davidson
my: You boys come into the wait
1.g room. and if there Is anybody try
ing 20 rob these cars, We will catch
them" About that time Davidson
raised his left hand. pointing toward
the track. and simultaneously a gun
vas fired from behind a fiat car and
Sellars fell Another shot was fired.
A few seconds after the first report
witness ran into the colored waiting
room; heari a number Of shots after
ward IN vicinity OF depot
On crOss-examination witness stat.
cd that be testified before the corO-
ner's jury; that he thought this testi-
mony was taken down In writing. but
DE did not sign the same. Witness
did not tell all he knew, because he
was afraid 10 do So lie did testify
that a few moments after the shot
which killed Sellars was fred Cleye
Roland came from around the car
from which the shot was fired Rol-
and had a pistol, but witness did
not know whose pistol u vas.
n. ). Sausby resides 40 Jasper
Was employed az night operator of
the Atlantic Coast Line OH March q.
1906. lie saw Davidson and a man
who vas pointed out 90 him as Sci
lars standing on the depot platform
Witness stated that De- also saw a |
man pass him wearing a rubber coat /
and described the man. This Vas /
prior 10 the shooting. AFTER the |
shooting Oseveral minutesl witness
saw the same man shooting In the yi'
entity OF the Troy Hotel across the
street from the depot he saw the
man again the following day and rec.