Eddie Felton
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TRANSCRIPT OF PRELIMINARY HEARING Report of Proceedings, held before the Honorable Robert Collins, on June 30, [-1]. EDDIE FELTON, having been first duly sworn, testified as follows: p. 7 Q.
(by the prosecutor) Describe the Red Apple tavern.
A.
It’s a neighborhood place. The usual crowd is from the neighborhood, which is pretty much working class. The place itself has a bar with stools, some tables, and a pool table in the back. It serves liquor, and basic food like burgers and sandwiches.
Q.
How long were you in the Red Apple tavern before the trouble broke out on June 15?
A.
About two hours.
Q.
When Rausch and Jones started arguing, could you hear what they said?
A.
No, they were arguing over something, but I wasn’t really paying attention.
Q.
What happened next?
A.
A couple of the guys went over and told them to knock it off, so they did. Well, they left around 11:00 p.m., first Rausch, then Jones, and maybe a minute later I heard a loud bang. We all ran outside, and I saw Rausch standing over Jones, holding a gun. He looked at us, dropped the gun, and started running up the street. A few of the guys chased him and brought him back.
Q.
Did Rausch do anything then?
A.
No, he just stood there until the police arrived. He never said anything, other than "I didn’t want to fight him."
Q.
How long after Rausch left did Jones leave?
A.
Maybe five or six minutes later.
Q.
Mr. Felton, have you ever seen Jones with a knife in the Red Apple or anywhere else? 863
A.
No.
Q.
Have you ever seen or known Rausch to carry a gun?
A.
No.
Q.
Did you know Rausch and Jones before that night?
A.
Just from the tavern. They weren’t friends of mine or anything like that. I hardly knew Jones.
FRED MARTIN, having been first duly sworn, testified as follows: p. 13 Q.
(by the prosecutor) What were you doing at approximately 11:00 p.m.?
A.
I was on my porch reading the paper. I live at 3333 N. Clark. I circled my house on that photo you just showed me.
Q.
Did anything happen at that time?
A.
Yes, I heard two men at the end of the block, on my side of the street. It sounded like they were arguing. Both of them were talking, but I couldn’t make out the actual words.
Q.
What happened next?
A.
The short man was backing up, the other one was following. They appeared to be keeping the same distance.
Q.
How far apart were they?
A.
I’d estimate about fifteen feet.
Q.
Then what happened?
A.
They were still arguing in loud voices, moving slowly towards me, then a shot rang out, and the tall man fell. The short one just stood there.
Q.
How far apart were the two men when the shot rang out?
A.
Probably about ten feet.
Q.
Did you see the gun before you heard the shot? 864
(by the prosecutor) Describe the Red Apple tavern.
A.
It’s a neighborhood place. The usual crowd is from the neighborhood, which is pretty much working class. The place itself has a bar with stools, some tables, and a pool table in the back. It serves liquor, and basic food like burgers and sandwiches.
Q.
How long were you in the Red Apple tavern before the trouble broke out on June 15?
A.
About two hours.
Q.
When Rausch and Jones started arguing, could you hear what they said?
A.
No, they were arguing over something, but I wasn’t really paying attention.
Q.
What happened next?
A.
A couple of the guys went over and told them to knock it off, so they did. Well, they left around 11:00 p.m., first Rausch, then Jones, and maybe a minute later I heard a loud bang. We all ran outside, and I saw Rausch standing over Jones, holding a gun. He looked at us, dropped the gun, and started running up the street. A few of the guys chased him and brought him back.
Q.
Did Rausch do anything then?
A.
No, he just stood there until the police arrived. He never said anything, other than "I didn’t want to fight him."
Q.
How long after Rausch left did Jones leave?
A.
Maybe five or six minutes later.
Q.
Mr. Felton, have you ever seen Jones with a knife in the Red Apple or anywhere else? 863
A.
No.
Q.
Have you ever seen or known Rausch to carry a gun?
A.
No.
Q.
Did you know Rausch and Jones before that night?
A.
Just from the tavern. They weren’t friends of mine or anything like that. I hardly knew Jones.
FRED MARTIN, having been first duly sworn, testified as follows: p. 13 Q.
(by the prosecutor) What were you doing at approximately 11:00 p.m.?
A.
I was on my porch reading the paper. I live at 3333 N. Clark. I circled my house on that photo you just showed me.
Q.
Did anything happen at that time?
A.
Yes, I heard two men at the end of the block, on my side of the street. It sounded like they were arguing. Both of them were talking, but I couldn’t make out the actual words.
Q.
What happened next?
A.
The short man was backing up, the other one was following. They appeared to be keeping the same distance.
Q.
How far apart were they?
A.
I’d estimate about fifteen feet.
Q.
Then what happened?
A.
They were still arguing in loud voices, moving slowly towards me, then a shot rang out, and the tall man fell. The short one just stood there.
Q.
How far apart were the two men when the shot rang out?
A.
Probably about ten feet.
Q.
Did you see the gun before you heard the shot? 864
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