The sun., 1917-09-25
HABEAS CORPUS
WRIT ISSOUGHT
TO FREE MEANS
Judge J. E. Webb Of Cas-
tonia, N. c., Hints He Will
Grant Application.
PRISONER IS ARRAIGNED
Two Experts Testify Mrs.
King Could Not Possibly
Have Shot Herself.
specioi pespatcA to TIE Sux.

Special DespatcA 70 TIE suS.
CONCORD, N. c.. Sept :4.-E. T. Cans
Ter, attorney for CASTOR B. Means, who
was arraigned to-day before City Mag
istrate Pitts in the Cabarrus county
courthouse, charged with the murder
of Mrs. Maude A. King at Blackwelder
SPRINGS on the night Of August ~. ap-
plied to Judge James E. Webb Of the gu
perior Court at Gastonia late this after
noon for a writ Of habeas corpus in be-
half Of his client. Over the long distance
telephone at midnight tonight Judge
Webb said that he had taken tho ap-
plication under advisement. but inti-
mated he would grant the writ
II is understood the purpose of the de-
fence is to argue before Magistrate Pitts
tomorrow morning, q motion to have
Means discharged on the ground that
the prosecution had not shown a prima
facie case OF murder against him and
that they will ask for the dismissal Of
the warrent
II this motion is not granted It 10 the
intention OF the defence to serve the writ
Of habeas corpus-provided. Of course
the writ is granted by Judge Webb-on
Sheriff Caldwell, who would then be
compelled to produce the body Of Means
before Judge Webb at Gastonia. The
State would then have to show cause
why he should not be released.
state Expects Conviction.
Attorneys for the prosecution declared
tonight that even in the event Of the
writ being granted and served the State
20 ~
ing Means held, as State Solicitor Glenn
ent believes that by the testimony Of
seven witnesses before Magistrate Pitts
to-day he fully justified himself in
charging Means with the murder Of
Mrs. King.
The most damaging testimony was
given by the two pathologists from the
north. DR.. William H. Burmeister. chief
Coroner's physician Of Chicago. and DR..
Otto H. Schultxe. medical assistant to
District AttornAy. Swami Of Men. York.
They said that Mrs King could not pos
sibly have shot herself with an auto
matte pistol in the back Of the head In
the manner described by CASTOR Means
at the inquest Or. Schultxe also added
his belief that the bullet was fired from
Q distance Of three feet or more.
Means was smiling when the hearing
began this morning and seemed conf
dent that the murder case would fall
Nat. But as witness after witness. with
out contradictng one another. added TO
the mass Of circumstantial evidence his
manner changed. He chewed nervously
the stub of a cigar, fidgeted in his chair,
leaned forward to whisper earnestly to
his counsel, and finally crumpled back a
picture Of detection.
Sentiment swings Away.
As the day wore on his high color van
lshed. lines appeared in his face and his
frequently mo!stened lips frightened. Tne
change in his demeanor was reflected In
that of those near him, for most part
members OF his family circle. In the
family group, which included his wife.
his father. Col William Means; his two
brothers Alton and Brandon. and his
sisters, there sat a black gowned woman
who manifested quite as much interest
in and as deep concern for the welfafo
OF the prisoner as the latter's wife. This
woman was Mrs. Mary Melvin sister OF
Mrs. King. and since the burial OF the
slain woman in Chicago an inmate OF
the same home that sheltered Castor
Means. his wife and little daughter and
Mr.. and Mrs. Alton Means. as we'll as
the parents and sisters OF tine defendant.
As the tide OF sentiment swung away
from the stalwart prisoner Mrs. Mel
WINS agitation increased. and as the
days proceedings closed she was quite
as near nervous and physical collapse
az Means himself.
Dense Crowd In Court Room.
As might have been expected. all
Concord. a large part Of the rural popu-
laton Of Cabarrus county. as we'll as
residents from nearby cities. such as
1sshV
on the north. clustered about the lawn
of the court house long before the
Sheriff gave the word to open the doors
70 the public The usual rush for seats,
or points Of vantage, followed and when
City Magistrate Palmer raped for
order, with all the principal actors in
This tragedy in their proper places, 1t
Is doubtful II a single other person, no
matter how thin. could have crowded
himself into the court room
IT was a foregone conclusion that
the defence would take advantage of
ms prerogative and ask that the case
be heard by another Magistrate. This
followed in short order, and with a
sigh of huge relief Magistrate Palmer
surrendered the gavel TO City Magis-
,'ate Pitts who was hastily summoned
lal'ner Is young. ruddy and round. In
hntrendering the limelight he remarked :
>hu all certainly have done me
'aNor' didn't want nothing to do
WIN this case nohov."
additional Counsel Appears.
PITTS, who ascended the bench, Is
gray and austere and has all the marks
"' farmer. His entrance into the case
was looked upon by the audience as a
'gha! victory for Means. Later events
upset all such calculations. Magistrate
rus followed the rules of evidence
''ose'y, He was impartial. unbiased.
uhSleIding and sought to sweep the pro-
e'u'ngs along with a haste at times
uS'asteful TO the defence, which at all
"mes was sparring for time and wind
TWO new faces appeared among the
salaxy Of counsel with which Means
surrounded himself. Ex-Judge Frank /.
osborne and f.. r. Cansler, both of
Snar!otte, were looked upon as the main
,ay OF the battery of lawyers including
NoL Means. #. ID. Maness. L. +. Hartzeli,
~, D. Williams and l.. T. Croweli of
concord. Frank Armfeld OF Monroe and
w. NJ. Caldwell OF Concord were added
to-day to the group and each took his
place at the counsel table.
Attorney General Manning arrived
rom Raleigh this morning and actively
entered the case. ready and willing to
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