The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-08-15
BAILEY IS HELD
WITHOUT BAIL
Continued from page y

He then told of Bailey getting off
his home, running to where the body
of Duane was lying in the street
and firing three more shots.
c. f. Harley, an undertaken, told
of examining the body and search
ing the clothing. He found no
weapon. He found in the pockets
note book, some tobacco and
$2l.55 in money. The dead man was
IS or 40 years old, 5 feet, 8 or y
inches high and would weigh us
or $50 pounds.
w. c. Jennings, who lives near
Lone Grove, testified he was sitting
in his buggy on Broadway and wit
messed the shooting. After he heard
the first shot he saw Duane falling.
Duane made no move toward his
pocket. The slainman had book
in his hip pocket the witnesses stat
ed. He testified that Bailey said,
Il told him I'd kill him and sure
enough l have" He said there were
three or four shots after Bailey got
off his horse.
Harley Blackburn was the next
witness. He said he heard the
first shots but did not see the shoot
ing until Bailey went to the man on
the ground and fired three or four
shots. He said he did not hear Bal
ley tell him to stand back" or get
back" The witness sold Duane
yearling the day before but heard
him say nothing of Bailey.
Bailey Was Drinking.
Horace Kendall, deputy sheriff,
testified that he saw Bailey after the
shooting. Bailey had been drink
ing. Kendall became acquainted
with Duane during fair week last
fall. Duane had been investigated
twice he said. Duane was apparent
ly dead when he was put in the am
bulance. There were no charges
pending against Duane, the wit
ness said.
At this point the state rested and
the defense called F. ]. Ramsey,
Mack Petit and Robert Scivally as
character witnesses. They had
known Bailey for many years, knew
his reputation as peaceable, law
abiding citizen and testified that
his reputation was good.
Bob Rogers Testifies.
Bob Rogers was the first material
witness called by the defense and
during the giving of his testimony
the third link in the chain of evi-
dence developed. 1t was that OF
and this witness and several
following told of many threats the
dead man was said to have made to-
ward Bailey, Rogers testified that
he knew both men and that Duane
was frequently about his barn. Du-
ane was complaining about a man
named Rutledge interfering with his
business and said to him, Rogers, 81
am going to kill that ID - and
Old Bailey, too" He said he told
Bailey what Duane said. Rogers tes-
titled that he and Bailey rode up
in Broadway and Duane came to
them and Duane put his hand on the
name of Bailey's horse and Bailey
told Duane he must pay him, Rog-
ers, for set of harness and Duane
said he was not going to pay it. The
on Duane's face changed
and he said: Il am mean -
He said to Duane "cut that
out Rogers said he thought it was
all over but as he reached to get the
reins of his bride he heard the
and thought it was Duane
and then found it was Bal
ey. When he saw it was Bailey he
told him to stop. Rogers got off
MS horse and went around to Bailey
and caught him. Stand back, Joe,
YOU have been threatening to kill me
,or two or three days" Bailey j
night have had a drink or two, the
witness said.
Joe Gibson's Testimony. +
Joe l.. Gibson said Duane was half
German and half French; that he |
spoke German and Duane was liv- I
ng with the former wife of Bailey
md that Mrs. Bailey had little girl c
or 7 years old and Duane grabbed :
he little girl roughly by the arm :
md swung her ont Of the buggy and :
he fell and cried. The witness did
lot tell Bailey of this and Duane
anne home drinking one day and
aid Bailey had been trying to ruin
lis business and that he had insulted 3
lin in town. Duane, the witness
estified, stated that he had 3O-N
and if Bailey ever {
rossed his path he would kill him.
Duane carried a skinning knife I
in a handkerchief inside
is clothing and cursed Bailey's E
cart, Gibson testified. He said he :
old Bailey of these threats at !
iclock the day of the shooting. I
]. III. Rutledge who lives near the
bailey farm, was the next witness.
ie said he had five acres of the
'ailey farm rented. He saw Duane
and testified that he saw
Duane slap the little girl. Duane
aid March, if Bailey did not bring
a IL n cox, he u,aS goinp ta Lii him |