Evening journal., 1916-03-16
ayers Held FOR
NANSbAUCHTER
Accused ofShooting Thomas
Hilbert In a Box Car
Last October
ACCUSED MAN IS
B. &. 0. DETECTIVE

Charles Ayers, of No. 4O6 Ferris
street. a special officer for the Baltimore
and Ohio Railroad Company. was held
for the Court of General Sessions under
s3 600 bail ON charge OF manslaughter,
and 81 900 bail on charge OF assault
with intent to commit murder, by Judge
Churclman in City Court today. About
2 o'clock ON the morning of October "a,
Ayers found two men asleep in a box
ear near the foot of snipley street hel
awakened them and ordered them tol
leave the car. Ayers claims they At
tucked him and he shot both OF them.
Thomas Hilbert, aged 80 years, OF Bay
onne, y. j.. one OF tine men, died few
days later IN the Delaware Hospital.
The other man, Richard Doran, aged 80
years. of Danvers, Mass, was 50 badly
injured he has been in the hospital ever
since.
Ayers. when placed on the stand to-
day, said the men refused TO leave at
first and finally he got into the cur and
struck them on the feet with his club.
lie waited for a few moments for them
to get mp and again told them to get
out. lie stated that Hilbert got mp and
told him to put down his club or he
would knock ris eyes out. Doran then
put ON his shoes and both men made a
move 10 attack him. Ayers told .hem
that il they came any nearer he would
shoot them. lie stated that he tried to
yet to the door when Hilbert grabbed
him and said. "To he'll with his gum
Ayers had his revolver IN one hand
and his club in the other hand. lie
broke away from Hilbert and rushed TO
the other end of the car. lie said both
men followed him and grabbed him.
According to his testimony, one of the
men trippcd him and he fell. Both men
got ON top of him. One of them said:
"Look out for his. gum and the other
said: "Get his gun and kill him."
Ayers said he felt that the men
meant to kill him. He then shot sew
oral times and then Hilbert released
his hold and jumped from the car. He
(Ayers) threw DOran TO one side and
told him to gather up the coats lying
on the floor of the car and come
along When he came out OF the car
he say Hill ri come around the end
Of the car.
He took Doran to the B. d o. freight
Office and telephoned for the police
patrol. Doran complained of being
shot and said Hilbert was also shot.
The men were taken to the Delaware
Hospital.
The revolver used by Ayers was a
hammerless. It had been fully loaded
and three Of the six shells were Dad
ed when the gun was examined after
the shooting.
Doran was taken in with pneumonia
before his wound healed and is still
in very weak condition. He gave
his testimony seated in chair.
He said he and Hilbert had beer
working for the Kennett Square Ga
Companv on October %. They cam'
TO Wilmington in the afternoon OF tina
dav and visited several saloons. h'
claimed they were unable TO get lodg
inc and after - o'clock, went into tn
box car.
He stated that he and Hilbert re
moved their coats and shoes and N
Doran) was soon asleep. Later h
was awakened by hearing Hilber
talking in a loud voice with the officer
He said he got up and saw Hilbert pu
his hand to his stomach as II III grea
main and then felt a burning sensation
I'm his own abdomen. He grabbed hol
Of Ayers for a second and then kneN
no more until several days later in IN
hospital. He stated that Hilbert di
not grab hold Of Ayers The witnes
did not remember hearing any gun re
ports.
Doran said he did not remembe
making a statement to Magistrat
Lewis two weeks after the shooting
In this statement Doran is alleged
have said that Hilbert told him to gra
the gun after Ayers had been knocke
down by Hilbert and that as a rC
suit of his grabbing the gun, h
Doran) had the first finger Of his han
shot or burned when the revolver wa
discharged.
Harry W. Strong. lieutenant of p'
lice Of the and o. Railroad. sal
Doran had told a similar story to hi
in the Delaware Hospital.
Officer DuttOn testified that som
time after the shooting he made a
examination of the box car and fOur
a pool of blood i'm the rear of the ca
where Ayers said he had shot Il
men. He stated that Ayers told Il
same story to him that he had told {
the stand. A report made by DuttC
at the time. TO Chief Black was rea
Dr. James A. Draper. Jr.. sa
Doran was shot in the abdomen al
the bullet lodged in his back. He sa
4 bullet had entered Hilbert's add
mon and passed through the liver
the lungs. II was this wound tn
caused death Another bullet enter'
mouth and came out hear his ga
John W. Huxley, Jr., appeared
counsel for Ayers
Il was claimed by the defense IN
Hilbert and Doran were drunk VIII
the shooting occurred Doran sa
they had about ten drinks before &