Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-04-12


TIE MURDER OF W1Lrr P. KEIrH.-The trial OF
Nicholas Carr, for the murder of Wiley T. Keith,
on the 14th of November last, took place at the
Criminal Court Thursday. After jury was Sc
leoted and empsnelled the evidence on the part
of the prosecution was opened by the testimony
of Israel L. Keith, brother Of the deceased and
principal witness in the case
In reply to questions propoundod by the coun-
gel for the prosecution, he deposed as follows; l
am brother of the deceased. live IN this city
near the railroad. The prisoner at the bar
next to and adjoining the late residence OF the
deceased. An DID, decayed fence divided their lots
previous to the death of the deceased. l have
seen the line run by surveyor The Old fence
was on the South side of the line, Oh the premi-
SOS of the deceased. At tho period of his death
tho deceased was building new fence on the new
line, and was assisted in the work by white man
and q negro. About half of the new fence had
been put up at tho time of the death OF the de-
ceased.
After giving the above an Ters tothe questions
of the counsel, the witness proceeded regularly
with his statement, which he gave IN effect az
follows On the 18th of November last between
6 and o'clock in tn morning, the deceased asked
me to go with him to his lot, and assist him in
taking away the old fence for the purpose of con-
When we arrived at the fence the prisoners wife
was standing Oh the piazza Of her reeidencc and
prohibited the deceased from knocking down the
fonce. This was repeated and about that time
the prisoner also appeared on the piazza and
asked the deceased what he intended doing. To
tho reply of the deceased that he was going to
knock down the fence, the prisoner told him il he
did SO he would shoot him.
|, h
premises and had right to do as he pleased
The prisoners wife then went into the house and
handed her husband pistol in belt, which he
took from TIE belt and approached with it in his
hand to within about four PAGES of where the de-
ceased was with it pointed in the direction OF the
deceased, and underworld to fire, but the cap did
not explode He then cooked the pistol, and, pla-
cling it within ten or twelve inches of the breast of
the deceased, (who then raised the axe in his
hands, az If to defend HIMSELF endeayored to fire
again. The cap exploded, but the pistol was not
discharged. About this time got between them
and showed the deceased back and pushed Carr
off OF tho fallen fence On which he then stand
ing. then caught the axe in the hands of the
deceased, whs cried out to me to turn him loose,
that he was on his own premises. I then released
him, and told the prisoner to go off. He made no
reply, but Walked around me, as / was betw en-
them, if to get opportunity to fire. The de-
ceased then retreated to portion of the fence
which was standing, l all tn while keeping be-
tw. On them as much as possible. ] soon after
heard the report Of the pistol, and something like
a ball pass over my shoulder within few inches
of my head. The deceased fell heavil, against
me, and on looking round saw the prisoner with
the pistol smoking in his hand. then turned to
the deceased and found that he had received
wound under his eye, from which he almost i'm
mediately cxpirel. / then asked the prisoner
why he did it, but he made me no reply, and left
in the direction Of the business quarter. did
not see tho deceased strike or endeavor to strike
the prisoner, nor did sec anv wound on his face.
or observe him to stsgger rs if struck at any
time.
During sharp cross examination the witness
was asked if he did not shake hands with the
prisoner during the day of the occurrence and
say that he sorry for the affair and if he did his
best to keep the deceased away from the prisoner;
and if the prisoner did no9 remark that he also
was sorry for What had been done. TO these
questions the witness replied in the negative
The question regarding blow being inflicted on
the prisoner by the axe in the hands of the de-
ceased was then referred to, and the witness was
asked if he did not say, on examination before
the Magistrate on the day of the occurrence, that
he saw the prisoner stagger as if stricken while
he was between him and the deceased, and that
he felt something like the force of blow stricken
over him OH his shoulder The witness answered
Uo thon placed on his guard and given
an opportunity to answer the question again, as
the counsel for the defence asserted that they had
the means of cOntradictinS him. He persisted in
his former answer.
After the recess and at the beginning of the af.
ternoon session, this witness allowed to come
on the stand again to explain himself in regard to
the question as to his shaking the hand of the
prisoner on the morning Of the homicide He
persisted in his replies to the question CT tho
counsel for the defence, but explained himself in
THE manner When arrived at the Court House,
found the prisoner standing near the door, and
on seeing me he seized my hand and said that he
was sorry for what he had done. replied that if
he had listened to me- it would not have happened.
Mrs, Fanny Keith, wife of the deceased was
then called, and testified as follows On the
morning of the nth of November was in my
house, when the servant girl called me out and
said Here the counsel objected to reporting
what the servant said The Court decided this
should not be given i'll evidenced / then went
out OF the house into the garden. saw the pris-
his hand pointed at the deceased. / screamed
out and begged the prisoner not to shoot my hus-
band. He made no reply, but soon after fired and
then turned and waived the pistol at mo three
times, and turning on his heel disappeared.
proceeded to where the deceased was lying and
found that ho dead In reply to a question
by the counsel for the prosecution, the witness
stated that the prisoner was but short distance
from where shG stood at the time Of screaming
Out.
Mr.. - Hawkins testified that llo was in the
employ Of Wiley 7. Keith in November last and
YVES engaged in constructing fence between the
lot Of the deceased and that Of the prisoner. On
the 18th of November, the day previous to the
death of tho deceased having constructed about
half tho fence, he won't to the prisoner and asked
him if he was not going to have tho other half put
up The prisoner replied that he would put up his
half when he got ready, and remarked that if no |
(the witness) or any else came upon his lot |
trespaasinS, he would shoot them.
The evidence Tor the prosecution here closed
and that Of the defence was proceeded with.
Hon. Geo. Davis, one Of the counsel for the de- !
fence here arose and explained that il was the in