Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-10-31

over 10 tOurU ny JUSTICE CaSS1ueV.
special venire of 200 was ordered ID,
his Honor, and there will undoubtcdl1
be large attendance to-day Til,
following is tho
BILL OF INDICTMENT
STATE OF NORTH CAROLINA.
NEW HANOVER County.
.Sup, rior Cart, October 7frA4
1873. The Jurors Jo7 the Stat. a,,1o.
their oath Presents, That David Mar
tin, Elijah Martin, Jimmie Anderson
and William II. Merr1ck, late Of the
County of New Hanover, on the First
day Of October, in the year of our
lord one thousand eight hundred and
seventv-three. with force and arms. a,
and in the County of New Hanover
aforesaid, III and upon one Willie Car.
ter, in the peace of God and the State
teloniouslv, wilfully and of their malice
aforethought, then and there being,
did make an assault, and that the said
David Martin, Elijah Martin, Jimmie
Anderson and William H. Merrick, a
certain pair of pants OF the value of six
pence loaded with rocks and brick,
about the neck of him, the said Willie
Carter, he being at the time in Smiths
Creek, in said county, wherein there
was Il great quantity OF water, then
and there feloniously, wiifully, and of
their malice aforethought, did fix, and
fasten. and that the said David Martin
with the pants aforesaid loaded with
rocks and brick aforesaid: him the
SAID Willie Carter, he being in the
water aforesaid. then and there felo-
niously, wilfully and Of their malice
aforethought, did choke, suffocate,
and strangle; of which said chokeing,
sutfocation and strangling, he the said
Willie Carter then and there instantly
died. And SO the jurors aforesaid,
upon their oath aforesaid do say: that
the said David Martin, Elijah Martin,
Jimmie Anderson and William II.
Merrick; the said Willie Carter
in manner and form aforesaid,
feIon1ously, wilfully and of their
malice aforethought, did kill and
murder against the form of the statue
in such cases made and provided, and
against tha peace and dignity of the
State. And the jurors aforesaid upon
their oath aforesaid, do further pre-
sent that Elizabeth Carter, late of the
county aforesaid, before the said fell
ony and murder was committed III
form aforesaid, to wit ON the first day
of October aforesaid, in the year afore-
said, did feloniously and maliciously
incite, move, procure, aid, counsel, hire
and command the said David Martin,
Elijah Martin, Jimmie Anderson and
William II. Merrick, the said felony
and murder in manner and form afore-
said, to do and commit against the
form of the statute in such case made
AID provided, and against the peace
and dignity of the State.
CANTwELL, Sol.
A true bill as to Elizabeth Carter,
David Martin, William Fl. Merrick.
and not true bill as to Elijah Martin.
III. NoNGLAHN, Foreman.
? And the jurors aforesaid upon their
oath aforesaid, do further present that
David Martin, Elijah Martin, Jimmie
Anderson and William H. Merrick,
late of the county of New Hanover, on
the fir It day of October, A. D. e;gh-
teen hundred and seventy-three, with
force and arms, at and in the county Of
New Hanover aforesaid in aud upon
one Willie Carter, in the peace OF God
and the State, then and their being fel-
oniouDly, 4ilfulIy and Of their malice
aforethought, did make an assault and
that the said David Martin, Elijah
Martin, Jimmie Anderson and William
Fl. Merrick, the said Willie Carter to
and in Smiths Greek in said county in
which there was great quantity of
water. then and there feioniously,
wilfully and of their malice afore-
Thought, did cast, push aud throw,
and that the said David Martin, Eli
inh Martin. Jimmie Anderson and
William Fl Merric ok, with both the hands
and feet of them, the said David Martin,
Elijah Martin, Jimmie Anderson and
William II. Merrick, then and there
and whilst the said Willie Carter was
III the water aforesaid. the said Willie
Carter in and upon the head. stomach,
back, neck ard sides of him the said
Willie Carter, then and there feiOnl-
ouslv. wilfnlly and OF their malice
aforethought, did strike. beat and
kick, giving to the said Willie Garter
then and there as we'll by the casting,
pushing and throwing OF him, the said
Willie Carter in the water aforesaid,
as also by striking, beating and kick
ing of him the said Willie Carter, i'll
and npon the head, neck, stomach,
back and sides of him the said Willie
Carter, with the hands and feet of
Martin, Jimmie anderson and William
H. Merrick in manner aforesaid, sew
rral mortal bruises in and upon
the head, neck. stomach, back,
and sides OF him, the said Willie
Carter, of which said several mortal
bruises. he, the said Willie Carter,
then and there instantly died !; and so
the Jurors aforesaid, upon their oath
aforesaid, do say that the said David
Martin, Elijah Martin, Jimmie Ander-
son and William Fl. Merrick, the said
Willie Carter, in manner and form
aforesaid, feloniousl Y wilfully, and OF
their malice afOrethOught, did kill and
murder against the form of the statute
IN such case made and provided, and
against the peace and dignity of the
State. And the jurors aforesaid, upon
their oath aforesaid, do further pre-
sent, that Elizabeth Carter, late OF the
county aforesaid, before the said felony
and murder was committed in form
aforesaid. to Wit, on the first day Of
October aforesaid, in the year afore-
said, did feloniously and maliciously
incite, move, procure, aid, counsel.
hire and command the said David
Martin, Elijah Martin, Jimmie Ander-
son anu William H. Merrick, the said
felony and murder in manner and form
aforesaid to do and commit, against
the form of the statute in such case
made and provided, and against the
peace and dignity of the State.
CASTwELL, Sol.
\ true bill as to Elizabeth. Carter,
David Martin, Jimmie Anderson
William II Merrick, and not true
bill as t. Elijah Martin.
II. NoNGLAHS, Foreman
erATE or NORTH CAROLINA,
New Hanover County.
superior (utht, October 1873
Third Count And the Jurors
aforesaid, upon their oath aforesaid,
DO further present that David Martin,
late of the county of New Hanover,
aforesaid, Oh the First day of October.
A. ID. 1873, Eighteen hundred and
seventy-threel with force and arms, al
and i'll said county, i'll and upon one