Democratic Sentinel, Volume 14, Number 40, Rensselaer, Jasper County, 31 October 1890 — BILLINGS WILL GO FREE. [ARTICLE]

BILLINGS WILL GO FREE.

THE SUPREME COURT SAYS THE EVIDENCE WAS POOR. Nothing to Show that . Billings Was tho Murderer of Kingsley—The Court Thinks the Young Lawyer Committed Suicide— ElUlngs* Case Reversed and Remanded. [Dee Koines (Iowa) dispatch.] For the second time the Supreme Court has reversed the decision in the celebrated case of The State vs. M. E. Billings, the charge being that of the murder of Willis Kingsley, County Attorney of Bremer County. The opinion, which was handed down by Justice Granger, holds that thc evidence tends to establish suicide on the part of Kingsley, and practically advises that the case be dismissed by the lower court, to which it is remanded. The case is one of the most famous in the annals of lowa criminal jurisprudence. Billings is a man past fifty years of age. He had lived in Waverly since 1868, engaged all the timp in the practice of law. Kingsley was a young man, having been born of a most excellent family in that county, and having boarded for some time at Billings’ house. On the afternoon of Dec. 21, 1887, between 4 and 5 o’clock, Billings was seen to go up the stairway leading to Kingsley’s office and into the door. Tfoe two men were closeted there for some time. Their visit was a stormy one, and occupants of office rooms across the hall distinctly heard the voices of both of the men raised in angry dispute. Finally, about 6 o’clock, or after dark, two pistol shots were heard In rapid succession, there was a heavy fall upon the floor, and Billings came bounding down the stairway to the sidewalk crying, “I'm shot! I’m shot!” Kingsley was found on the floor of his office lying just inside the rear room, with his head against one of the folding doors. Upon a chair in the room lay Billings’ coat with an empty revolver that had not been fired in the pocket. Upon Bidings’ person were papers showing that he had visited Kingsley for the purpose of p-ocuring from him pecuniary damages for alleged intimacy that had existed between Kingsley and Mrs. Billings. These papers consisted of a written confession of Mrs. Billings and sundry promissory notes running to 1902. Bilßngs was finally arraigned for trial. His counsel moved for a change of venue, the affidavit as to prejudice of the populace and court being amply fortified by the names of many responsible citizens. The mot'on, however, was promptly overruled. After a most exhaustive hearing the jury returned a verdict of guilty, fixing the penalty at imprisonment for life. The Judge in passing sentence displayed his feeling by remarking that it was a matter of regret that the death penalty could not have been visited upon the defendant. An appeal was taken, which resulted in a reversal by the Supreme Court, its decision being based upon the error involved in the refusal of a change of venue. The merits of the case were not considered by the court. Judge Ruddick then sent it to Blackhawk County, where it was tried by Judge Ney. A Fij/ond verdict of guilty resulted, and a second sentence of imprisonment for life followed. It was here that the most striking incident in the history of the case occurred. The court in overruling a motion to set aside the verdict remarked that if he had been upon the jury he would have been compellei to vote for an acquittal, as there was absolutely no evidence upon which to base conviction. The Judge said: “If I were the jury trying this case I should render a verdidt of not guilty, from the evidence introduced here. It is a striking fact that Kingsley’s eyelashes and the side of his nose nearly down to the end were burned with powder. The evidence in regard to the holes in the clothing, the bullet on the suspender, thc wound on thc back, certainly indicate that Billings was shot in the back by Kingsley or some other person. “Billings pretended to have discovered ah intimacy between Kingsley and Billings’ wife. He does not act the part of an injured husband. He docs not appear indignant and furious, but like a slimy viper gets up a story—a confession—that shows the mind given over to evil intentions. “Accompanying it in his pocket were notes drawn for several years, amounting to something in the neighborhood of $2,000 and running for sixteen years, a good share of Kingsley's lifetime. If that confession was out of the 'case, I would have set aside this verdict as quickly as it was rendered; but in the light of that confession, of course,smy suspicion, as well as the suspicion of every juror that heard this case, must be aroused against Billings. Now while I say, even in the light of that confession, believing Billings to be the vile man that confession shows him to be, if I were a juror I would find a verdict of not guilty here. ” Mr. Billings replied to these strictures of the court. He explained the reason he had resorted to the method of procuring pecuniary damages privately from Kingsley because he did not wish to blacken his wife’s name with publicity by resorting to the courts. Then, continuing, he said: “Is that the vilest thing on earth? If it be, then the jury and your Honor propose sending me to., the penitentiary for doing a thing I doubt not your Honor, in the love of a life partner, would do if it became necessary to protect her name. May I bo permitted to ask your Honor what would you have done in such case where that loved partner ” By the Court—l would have killed him. Billings—What? By the Court—l would have killed him. Billings—Well, I was going to say, that would expose her. Has it become the unwritten law of America in such cases, which are so often settled in the p ivate office, that we must go to Spain for ideas of vindicat'on of one's socalb d honor, adopt their customs, use the stiletto, the dagger? Has it become the unwritten law of this age that a man shall be sent to tlie penitentiary for murder because he does not slay the man who has violated his home? J Items ot Interest. A thikteen-yeak-oi.d girl is the organist in a Maine church. A child born to an Albany, Ga., couple had at birth two tecih. A NiNE-YEAii-OLD Buchanan, Ga., boy sets ever a column of type a day. 1 Many of Georgia’s new legislators cannot spell or write the English language or other. i A lump of coal was sent from the Roslyn mine to the Spokane Falls expotit on. It measured 11>$ feet long, feet wide and feet thick. The weight was m tons. .