The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-02-21
Trial Of Mrs. Elizabeth BAH.

Trial Of Mrs. Elizabeth Ball.
IBY OUR OWN SPECIAL REPORTER.
Mrs Elizabeth Ball. of Warren county, was put
upon trial in this City, Monday, the 18th inst,
for the murder of James Thomas, colored, on the
18th Of January last; before military Commis-
sion composed as follows: .s.zsssS s 8
Lieut. Col. George T. sh@fer, 2sth Michigan
Infantry.
Capt G. W. Bowker, 2sth Michigan Infantry.
5 1st- Lieut. A. N. Damrell, o. g. Engineers.
1st Lieut. A. B. Gardner, 7th v. R. c.
2nd. Lieut. VIM. R. Wilcox, 2Sth Michigan In
fantry.
Major Francis E. Wolcott, Judge Advocate.
Counsel for the defense Hon. Sion b. Rogers
of Wake, J. Parker Jordan, Esq, of Warren and
G. B. Harris, ESQ.,, of Granville
The Court being duly organized
The Judge Advocate read the order for its as
sembling.
He then read the charge and specification as
. : = s51iEs aS;es5i i
FThomas, a colored man, in the county of Warren,
in the State of North Carolina, on or about the
18th day of January 1866.
To the specification the prisoner pleaded mot
guilty" and to the charge ssnot guilty.
Mr.. Jordan, counsel for the defense, stated that
certain witnesses, who had been regularly sub
penaed, had refused to attend, and asked that
process be issued to compel their attendance, and
the order was made accordingly
W. D. Hendrick, for the prosecution, was then
sworn, and testified, substantially, as follows:
My name is W. D. Hendrick, live in Warren
county am going on twenty-one years of age. !
went with James Thomas, the deceased, to the
house of Ball, on the 18th of January when we
approached the yard, Mrs. Ball asked "have you
come to kill me with your gun?" / answered,
"No, 1 have come to read a note to you" She
said, "I do not want to hear IT," She came out
| of the kitchen and came out to meet us; told
| her not to shoot and she said "get out of the
way;n then went towards the chimney, about
ten steps; she then cooked the gun and snapped
IL at Jim, once; he went up to her and caught the
gun in his hand and held it off from him; she got
thegu8 out OF his hand and shot him; he stag
| gercd and fell. I told her had not come with
any bad intention
| The house is made of logs, has two rooms; the
kitchen is about fifteen steps from the house; the
4 place is about mile from the public road. After
/ the shooting, Mrs. Ball said that Mr.. Rowland
told her, if the negro came there again, to shoot
| him.
Question What did Mrs. Ball say, when you
! first went there.
Answer She told the boy (Jim) not to come
in the yard
We first saw Mrs. Ball coming out of the kitch-
| en-; we were then about twenty or thirty yards
from the house, at the edge of the yard-nearer
to the house than to the kitchen. She told him
not to come to the house when she first came out
of the kitchen she then went into the house and
got the gun; the boy was then within ten steps
of the house; when she snapped the gun, was
| near the chimney.
| WITNESS here gave a rough diagram of the
premises, and the relative positions of the par
ties; from which it appears they came up towards
the chimney, which is to the east, the kitchen II
to the west of the house, opposite the direction
! they came; the doors, North and South
!; Examination, direct, continued. Mrs. B. went il
the house by the south and came out at the nortf
door, When she came out we were about fifteen
steps from the door; when the gun fired Jim was
near the corner of the house. This was about
there to read the note.
Question by the Judge Advocate. "Wher,
did you get the note and what were its contents. "
This question was objected to by Mr.. Jordan
and was withdrawn.
The Judge Advocate then showed witness tw,
notes and asked him if those were the notes h
carried to read to Mrs. Ball.
The defense objected to the introduction O
these papers, on the ground that their authentic
ity was not established.
The prosecution urged that they be read simpl
to show why the witness was there at the time.
/ The question was argued before the Couri
ON the question. M
4 Upon re admission of counsel, the Court ar
nounced that the objection was over-ruled, an
/ tlH papers might be read The following az
copies:
\ Mr.. Isham Ball: Sir--Jim Thomas, Freedman
q SAYS you have taken posse ssion Of clothing b
4 losging to him; you will please deliver the sam
to him, or report to this Office, Thursday, 18tf
q Yoa win also please pay Jim for his work.
hsspsdsls5lXXM psEN5XM1N EVANS,
Capt and Supt
Il Mr.. J. Hcndricks-Will you please see that th
4 enclosed is read or conveyed to Mr.. Ball.
4 Respectfully,
A BENZ. EVANS,
q Answer. These are the notes I got them froI
4 jim My father was not at home that morning
Il he had gone off with a man to Mrs. Reds. M
Il fathers name is Alexander G. Hendricks.
Il CROSS EXAMINED.
4 had my fathers gun Jim had gun also
4 both guns were loaded. Jim had stayed at m
4 fathers the night before he handed me the not.
i and showed them to my father; we did not tai
! about going to Mrs. Balls, only told Jim that
should have to 60 with him, as father had to 6
I with the man I did not know the clothing VI
not there; don't know whether Jim knew 1t
not; always carry my gun; took it to hun
with as went along the gun Jim had belongt
to Frank, q colored nan, who hyeszt my f4tler'
Question. Did you hear Jim Sly he would ha'
hissclothes or kill Mrs. Ball.
Answer. did not. heard him say he woul
have his clothes before the next Thursday; tn
4 was on Tuesday, think, before we went to N
7 Balls on Friday. I do not know that Jim We
q to Warrenton. Mr.. Ball was not at home whe
we went; we did not enquire for him. I heal
Mra Rail tell Tim once not to Come. we WoI