Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-08-27
WITNESSES SAW
NO GUN ON WHITE
When Shot BY John Bailey, They
Say AT Opening Of Testimony
At Mt. Vernon Trial


erlcy d. White carried a suit case
i'll his left hand and his overcoat
over his right arm when he was
shot down last April at Hcidrick
Station, Knox county, by John
Bailey, mountain feudist, and
family enemy of the Whites, two
witnesses testified when evidence
taking i'll the trial of Bailey on d
charge of wilful murder began
here Friday afternoon. The wit
ncsses who testified to this were
Luther Hutton and Joe Carly,
both of Knox county, and both
eye witnesses of the Staying.
During the testimony, Bailey,
Il tall, slender youth, weighing
perhaps $50 pounds, kept his light
gray eyes constantly ON the face
of the witnesses. He sat quietly
and silently, but never for a mo-
mcnt did he let his gaze wander.
Joseph L. Murphy, civil eIgi-
neer was the first witness called
after Special Prosecutor B. B.
Golden told the jury that the pros
ccution would prove that White
was shot. down in cold blood and
as result of a prearranged plan
by the Baileys. Golden declared
that White did nothing to pro-
woke the attack.
III. Fl. Owens, leading counsel
Tor the defense, countcred with 4
statement that the defense would
prove that White attempted three
times to draw Il pistol before
Bailey fired and that it was only
after three SUCH attempts that the
defendant had shot and then only
to protect his own life. which he
believed to be in danger.
g Murphy was called to the stand
TO verify d map of the scene of
the shooting which he prepared
for use of the prosecution in the
case. The map purports to show
the lay of the land at Heidrick
Station and various spots involv-.
ed the case.
Luther Hutton, the second wit
ness, testified that he was ON the
train with White. He said that
the Baileys were on the same
train and that White was alarmed
over the situation before getting
off at Heidrick Station. He said
that nc remarked to White that
the situation looked dangerous
and White agreed with him. He
was not allowed to tell the jury
what White said to him on the
train. This caused an argument
between attorneys and during
this time the jury was out of the
room. Hutton was allowed to
state to the court what White
said to him, and said that the vic
tim of the shooting asked if he
could remain on the train until
tho train to MiddleSboro arrived
and then step directly from the
coach to the Middlcsboro train.
Hutton said that he told White
that this could not be done and
that the latter got off. This con-
versation was not allowed to GO
before the jury, however
Hutton, said that ile remained
on the train until the Baileys.
White aud the other passengers
got off the rear end. The train
had been in about fifteen minutes.
he said, when he heard two shots.
He looked. he said. and saw aBil-
ey firing at White. Hutton said
that there was no passage of
words between White and Bailey.
He saw no pistol on White
Joe Carty, who had to be
brought into court on an attach
ment, told much the same storv
as Hutton. He said that Whit,
was holding suit case in his lett
hand and; had ali overcoat over
his right arm when shot. One
bullet went through Whites hand
and into, the handle of the suit
case. He said that he did not
see a gun in Whites hand.
The court room was crowded
with liberal sprinkling of woin-
en- gathered to hear the test
-mony. Bailey sat beside his
counsel and scarcely moved i'm
ger all Friday afternoon. His
father aud. brothers sat with him.
but his mother, who was presen,
during the. first days of the at.
tempt to get. jury, did not ap-
pear.
AT the, prosecution table sa!
Mrs. Cassie, White, widow of tn.
man Bailey killed; her three
daughters and three sons and he'
brother-in-law. John G. White
Selection of the jury. in which