The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1915-06-22
STATE MOVES
FOR DISMISSAL
Of LEARY
UPON INSTRUCTIONS FROM THE
COURT, JURY RETURNS FOR
NAL VERDICT OF NOT GUILTY
IN FATHER BLACK TRIAL.

Marshall, Tex, June 2I-The state
today moved to dismiss the charges
against Frank OLeary on the ground
of insufficient evidence to convict.
The defense contended that OLeary
had right to be acquitted by jury
and prevent possible sIurs on his rep
utation. The trial was then ordered
to continue.
No evidence, however, was intro
duced, and on the courts instructions
the jury returned Il verdict of not
guilty. The trial Of the others con-
nected with the case, has not been
set.
The first of the so-called Father
Black trials, which was called in dis
trict court today, was the case Of
Frank O'Leary, charged with com
piicity in the killing of William
Black, a lecturer against the Roman
Catholic church, who was shot and
killed here shortly before he was to
deliver one of his lectures, on the
evening of February 3, 1915.
O'Leary was not present at the
shooting, according to testimony at
the examining trials last winter. The
calling of his case first appeared to be
due to a desire to approach cautious
ly te legal aspects of the shooting,
which excited Marshall deeply, and
which attracted nation wide com
ment, accompanied in some denomi-
national publications by charges of
intolerance.
The night before he was killed Will
liam Black had delivered a lecture in
Marshall entitled "Romanism a Men
ace to Civilization He was to &C.
ture again that night Marshall had
been stirred by the lecture of the
previous night and by handbill adver-
tising of William Blacks work against
the Catholic church. Black, 10 years
old, born in Virginia, and said to
bear kinship to General Robert f.
Lees family, was advertised as zone
who knows" The handbills referred
to Roman Catholic institutions as
"The Old Beast" and contained char
ges. cartoons and alleged oaths of
the Knights of Columbus, a Catholic !
society.
About supper time Black went to |
his hotel room, where he was joined
by the other members of his party. |
Clarence F. Hall of ST Paul. Mimi.
and Miss Sadie Black, young wom-
an whom Black had adopted at her
home in Arkansas a few days pre-
viously. Three Marshall men. John
Rogers, John Copeland and George
Ryan, called on the Black party. Ac-
cording to. testimony given at the |
examining trials, all three callers
were members of the Knights of |
Columbus. They asked Black no, 10
deliver his second lecture Black |
replied he would deliver it. Black
and Rogers scuffled. Black was shot
near the heart, according to testi.
mony by one of Rogers companions.
Hall, of the Black party, opened fire
with pistol, killing Rogers and |
shooting Copeland three times. Sew
eral persons rushed through the hotel
towards Blacks room. Frank OIeary
a city fireman, claimed that he start |
ed from the fire engine house nearby |
az the sound of the shooting and !
ran to the hotel, not knowing what
was happening
Indictments were returned by the
grand jury, charging murder against
the following Marshall men: John
Copeland, George Ryan, George Tier.
Harry Winn and Frank OLeary.
Public testimony did not develop
the circumstances of the alleged con
nection of Winn and OTIeary with
the killing.
Clarence F. Hall of the Black party,
appeared before two grand jures, but
was not indicted.