The courier-index., 1919-04-11
JURY DECLINES ID
 INDICT M'ELDUFF
MAN WHO KILLED CLEVE YOUNG IN BOTTOMS THREE
 WEEKS AGO DISCHARGED
 FROM CUSTODY OF OFFICERS

Dave McElduff, who three weeks ago shot and instantly killed Cleve Young on the formers place near Askew, was released from his bond on Tuesday of this week following the action of the grand jury in de- clining to indict him for murder. McElduff's examining trial was held on Monday before Esq. Rodgers and practically all the witnesses who knew anything about the trouble be- tween the two men that resulted in the tragedy, testified at the trial, and then went before the grand jury, which was then in session, and testi- fled before that body. Upon the completion of the preliminary hear ing Esq. Rodgers bound McElduff to the grand jury, preferring to let that body pass final judgment on whether or not the defendant was guilty of a crime.
 The testimony in the preliminary trial revealed facts substantially in line with the story published in the Courier-Index two weeks ago to the effect that Young had been caught in compromising position with Mrs. McElduff, that on Friday before the killing McElduff had told Young to stay away from his place except when he (McElduff) was at home, concluding that if he did not do so one of them would hurt or kill the other.
 The testimoy showed the men were on friendly terms with the excep- ton of this jar in their relationship and that up to the time of the kill ing there had been no open breach between them.
 McElduff testified he had been ad- vised on several occasions that Young was too familiar in his home during his absence, but that he had refused to believe his conduct was improper until recently when he confirmed the suspicious. He said he and Young were in town making arrange ments to move their farm tools and stock to the bottoms the week be-. fore the killing, that Young went to the bottoms in advance of McElduff, that he followed later, arriving at point near his home about four o'clock in the afternoon. He con- cealed himself behind tree and saw Young in his (McElduff's) back yard playing with McElduff's baby and occasionally approaching Mrs. McEl- duff in an intimate manner. McEl- duff claims he remained on watch until night, then went home and up- braided his wife and slapped her. On Friday following he met Young in Marianna and warned him to stay away from his place in his absence. On the following Monday McEl- duff testified Young came to his place where he and his wife were making a garden and after engaging in general conversation for nearly an hour McElduff says Young asked him why he said what he did to him in Marianna on Friday, concluding with the statement, "You thought you would bluff me, did you?" Me Elduff says he thought this was the beginning of the trouble, and he im-' meditely picked up his shotgun which lay in a cotton row near him. He claims Young had his left hand in his pocket and was making for his gun with his right hand. McElduff grabbed his shotgun and fired at Young's body, the load of buckshot striking Young in the right side and ranging toward his heart. He fell and was struggling to get up wheff McElduff ran forward and fired the second time, the load striking Young in the side of the head. McElduff claims he thought Young had his gun in his hand and might shoot him when he fired the second time. Young's gun was found within three