The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-08-15
BAILEY is HELD
WITHOUT BAIL
DISTRICT COURTROOM WAS
CROWDED YESTERDAY AT
PRELIMINARY HEARING
DEFENSE IS |ND|CAT D
Threats by Slain Man Toward Slay-
er Probable Basis of Plea of JUS
Observation-Disclosures D ar e
Duane Made Hip Pocket Move"

At the conclusion, late yesterda,
afternoon of the preliminary hear
ing of O. L. Bailey, charged will
the murder last Saturday of Jo
Duane, Bailey was held without bail
for trial in the district court.
The hearing was held in the dis
trict courtroom. Judge Thomas w
Champion, of the county court, il
out of the county and Justice Frank
lin Bourland was asked to hear the
case.
The courtroom was crowded, ev'
cry seat being occupied and as many
as forty or fifty persons standing
in the aisles throughout the hearing
which consumed more than three
hours.
A. J. Hardy, county attorney ant
J. S. Simpson, assistant county at
torney, appeared for the state while
the defendant was represented by
Mathers & Norman and ]. B. Cham
pion.
There were many witnesses. The
defense had summoned large num-
Der of character witnesses, but only
a few of these were placed on the
stand and at the conclusion of the
testimony, ] B. Champion, of coun-
sci for the defense, stated that they
had many more witnesses, in addi-
tion to those already called, but as
their evidence would be cumulative
they would rest, whereupon Justice
Bourland, without delay, announced
that he would hold the defendant
without bail, to the district court tor
trial.
The transcript will be written out
today and when Judge w. F. Free
man of the district court, returns
Saturday, petition for writ of ha-
beas corpus, for the purpose OF hav-
ing the defendant admitted to bail,
will be filed in the district court.
Until that is done the defendant
must remain in the county Jail.
Description of Wounds.
The first witness called by the
state was DR.. Walter Hardy who de-
scribed the wounds found on the
body of Duane. He said there were
four in the body, either ono OF
which would produced death-in-
stantaneous death, he repeated on
cross-examination. He told also OF
one bullet entering the bottom OF
the foot and coming out just next
to the big toe, and another which
crossed the forehead under the skin.
Neither of the two shots last named,
he said, would have caused death.
James Chancellor, policeman for
MANY years, was the next witness.
He said he was IS feet north of
Broadway on Caddo street when he
heard the first shots which came
close together. He ran to Broad
way and saw Bailey getting off his
horse with a pistol in his hand and
run toward Duane who was then
lying in the street. Chancellor ties.
titled that he caught Bailey and
grabbed his hand and gun just after
he had fired the last shot. Bailey
fired three or four shots into Duane
while the latter was lying on the
ground, apparently dead, he said.
As the witness ran toward Bailey he
called to him and told him he must
not do that. Bailey stood directly
over Duane and fired three shots
into him. Bailey had said the man
had robbed him of his wife and chill
dren. Chancellor declared Bailey
had been drinking.
The witness had stated that three
shots had been fired into Duane af-
ter he was dead. The defense claimed
this was a conclusion and moved to
strike that part of the testimony.
The motion was overruled and an
exception noted.
Indication of Defense.
The cross-examination of this wit
ness by Thomas Norman, of counsel
for the defense, gave the first indi-
cation of what was to be the line
Of defense. He asked the witness il
he did not know the dead man was
a German spy and that when arrest
ed last winter if he did not have in
his possession map of Ardmore re-
fineries and factories, showing the
location of the railroads, round
houses, machine shops, gins and all
public buildings. The witness said
this was true.
Budd Holder, the next witness,
brought out another line of defense.
He said before the shooting, when
Duane was called out to where Bai-
lev and Bob Rogers were sitting on
their horses, he laid his left hand on
the name of Bailey's horse and when
Bailey cried "stand back" or get
back" that Duane put his hand on
his pocket as if he was going to
draw a weapon and then the shoot
(r1-..~,.I NJ, ,,re Z.