The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1915-07-02
NEWMAN DISCHARGED
BY JUDGE H|LBURN
On Writ of Habeas Corpus
Killed Hunter in Self
Defense
And was Clearly Within his Rights
State Offered no New Material
Evidence.

noon William j. Newman of Cres-
cent City, charged with the murder
of Deputy Sheriff C. j. Hunter of that
place on the evening of June 10Th,
was discharged from custody because
of the entire lack of evidence to su b.
I-Stantiate the charge. Instead of be-
ing held, Newman was declared to
have been clearly within his rights in
defending himself, even to the killing
of the man whom it was shown had
assaulted him and who at the time
of the killing had Newman covered
with his pistol.
There was large crowd present
at the hearing, interest in the case,
especially at Crescent City where
both men lived and were well-known,
drawing a large number from that
plIaSe, ,,. A. ,..,
fcer, her son and daughter, were
among the spectators. r The deep
mourning of the ladies tended to eX-
cite the sympathy of the crowd, for
Mr.. Hunter was man well-knoWn
and esteemed in Palatka.
Mrs. Newman, wife of the man
charged with the killing, was also
present with her little three year year
old daughter-a sweet and innocent
little child who could have no under
standing of the awful significance of
her fathers detention from home.
She ran about the court room and at
one time ran to and sat upon her
fathers lap. Other relatives of Mr..
. ,vara alco
Several witnesses for the State
were examined, but nothing new, or
material, was adduced. Then follow
ed the examination of several wit
nesses for the defense together with
the testimony of the accused. Two
witnesses for the defense men who
had not previously testified, either at
the inquest, or at the preliminary
hearing last Friday, swore that in the
encounter Mr.. Hunter was the first
to fire. The metal knuckles found
near where Mr.. Hunters body
and which were discovered some time
after the body had been removed,
played conspicuous part in the hear
ing, and though Mrs. Hunter swore
that her husband did not own pair
his weapons, one witness, a Mr..
Sykes swore that on one occasion
about year ago, he saw Mr.. Hun
ter with a pair.
Mr.. Newman's statement was clear,
and except in one instance there was
no opportunity to make point
against him in the ss-examination.
His statement made a good impress
sion.
At the close of the testimony J. v
Walton, Esq, counsel for the defend
ant, arose for the purpose of address,
ing the Court, when Judge Hilburn
said:
"Just wait a moment Mr.. Walton.
Mr.. State Attorney, | want to hear
from you. Tell me whether, under
the facts as disclosed in this case,
you would have any hope of securing
conviction of this defendant or even
an Indictment"
Mr.. Calhoun said: "Your honor,
want to be fair in this matter, and as
your honor has asked me this ques-
ton, | feel that | must answer you
frankly. So far as | am concerned, l
am unable to see where it would be
possible to secure conviction of this
defendant, and | do not believe that
grand jury would indict him. How
ever, | have associate counsel who is
assisting the state in this prosecution
and | would like a few minutes to
confer with him."
Judge Hilburn said: "Very we'll;
think it over carefully and if you can
point out anything to this court that
would warrant conviction, shall
hold the defendant, otherwise, he
should be discharged. Let it be un-
derstood that if there is any testi-
mony here, admitting it to be true,
upon which jury could lawfully con-
vict, and you can point it out to me,
| will hold the defendant. 1t is not
my province to pass on the credibil- |
ity of the witnesses, or the weight !
and sufficiency of the evidence. That
would be the province of the jury. I |
shall only consider a discharge of |
the defendant on the ground that |
there is no testimony here admitting !
it to be true upon which a lawful /
conviction could be based"
Mr.. Calhoun and Col. Graham, as
SOCldle COuuSel lOF the state, tnen |
conferred and a few moments later
Mr.. Calhoun announced to the court
that he had nothirp further to SOW
Whereupon Judge Hilburn made the
following statement:
Gentlemen: 1t appears to me
from the facts of this case. establish
ed by the states witnesses, that this i
is a clear case of self-defansp ard /
that the defendant was justified un-
der the circumstances, sad as it may
be, in taking the life of the deceased.
All of the witnesses agree on the eS
sential facts. All agree that the de-
fendant, on the night of the tragedy,
went to a drug store to get a bottle
of Castoria for a sick child; that as
he came out of the store, the deceas-
ed struck the defendant, knocking
him nearly to the ground; pulled his
pistol, pointing it at the defendant
while the defendant was dodging and
moving away; that the defendant re-
treated some thirty or forty feet, the
deceased following him with a gun
aimed at him, whereupon, the defend Il
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