Daily Republican., 1881-09-30
FOURTH EDITION.
COIN rY COURT.


No Licenses to be granted this
Term-ApplicasiOn made TO have
NSall's Ts1al Continue . - The
Trial Of Norris Csrberry - Tessi.
mony Of the Witnesses.
Court convened at 1Oo'clock this morn.
ing, and announced that all applications
for liqnor licenses would be continued
until next term, as the court had de.
cided not to hear any during this ses-
sion.
Mr.. Higgins made application to the
court to have the trial of Nsall post
poned until the November term, on ac.
count of the absence Of material wit.
ness, who was prevented being present
by sickness.
The attorney general opposed con-
been before the court for nearly two
years, and the State has suffered loss
by the delay, and further postponement
will only result in otscuring the testi.
mony of the State, and urged that it be
tried at this term.
Mr.. Higgins said that he was as anx-
ious to have the trial 20 on this term,
as the States Attorney was, but it vas
impossible for him to have his witness
ses present this term, and he could not
go to trial with safety to his client.
Mr.. Gray replied, when the court said
that after the disposition of the Car
berry case decision would be rendered
in respect to Neall.
The examination of Thorn as McCaf.
ferty was continued. do not know Of
any rule that prevented the men from
coming through that door; about two
weeks before the shooting, Adams came
in one day to light his pipe and Car
berry or.ered him out, when Adams
told him TO come to me and see If he
hadn't right in there; Carberry cane
to me aud told him as Adams cut the
iron for us, he had right in there. The
morning Of the occurrence | saw sew
eral men pass through aud Carberry
did not stop them.
Cross eXamination-l have worked
for the Company about five years; do
not recoIlect that Adams ever came
through that door before. | am lore
man OF the horse shoe shop; the shears
thdt ftuduS WtI htI OIl NttC uSttl lUI
trimming and cutting the iron, he cut
the horse shoe iron IN lengths for the
shop; he cut the iron in the mill and
sent it in rs We wanted it; he generally
sent some one in with the iron my duty
was to see that the work was properly
done and the men and boys attended
to their work; | had thirteen boys and
three men that worked under me; was
not full handed at the time this shooting
took place: | cannot remember the
names of the boys that worked there at
that time. l had nothing to do with
the men that worked on the shears,
they worked under Adams, in the mill
proper. had not told Adams prev-
ons,y that had work for him that
morning, told him to cut the iron when
| saw him come in. AS Adams passed
through | heard Carberry say, hey,
when Adams stopped and Carberry
stepped up TO Elm and said, you must
20 out
When Adams replied, l can't go out,
l have business to attend to, Carberry
then took Adams dinner kettle and set
i! outside of the door. When Adalas
pASuCA uP hiS oICtN Or, anu NuNduCtu
ward Carberry and said that he must
60 through, as he had business to at.
tend to, Carberry again said he must &C
out, aud stepping back about one step
drew the revolver; when Carbelry was
backing from him he raised a finger of
his lett nand and said by j IS CT
you shall 60 out and drew the pistol.
Adams then stopped a..d picked up a
piece Ut iron, can I say that he was near
enough to strike Carberry; when he
raised from picking up the piece of iron
he said, you nave iiourished that pistol
in my lace several times before, and
don't want you 10 do it again. Adams
raised the piece OF iron and Carberry
fired, and | saw the hand tina. held the
iron drop. Tney theu. came together,
with CarD,rry' 5 Jeff arm around Adams
did not see Carberry strike him but
neard the blows; | uniy heard one shot
tired; | think That Adams was the
heaviest man Of the two. 1t was Car
L'erry's duty 10 pat any one who had
40 bn ,lLeos there; have saw him put
noys md strangers ON; never seen HIM
put any men ouJ lhaG worked in the
dill.
The whole mil was under the direc.
tion of MIR. Tnomat: DAVIS; | vas fore
man of the horse sho.' shop only; the
hands Lad no general Way of coming III
To their work; they came IN all ways;
some that lived III Sonth Wilmington
Jumped over the fence; had no author
ty to keep persons out; that Was the
duty; l remember seeing
Carberry order other men out.
Redirect examination - do not |
Know of any :uIe forbidding the work,
nen from going through the shop; they |
generally brought the iron as fast as
hey cut it, 30 as to get it out of the
way. Mr.. Thomas Davis was the super
ntendent of the whole works.
Hugh Scanlan sworn : | live in South
Wilmington; l worked at the horse
hoe shop OF the Old Ferry mill; heat
ID horse shoes; worked on the furnace.
was in the shop on the morning of
he shooting; saw Adams come in, and
jarberry told him that he would have
Q 90 out, ana pushed him up against
he vise; Adams tLen threw down his
.e1te, and CarberIy put the kettle out
he door; Carberry had the pistol in his
land when lie pushed Adams back; at
hat time another man came in the
hop and Carberry nent over to him;
ont know what lie said; / saw the
lan 60 outside with a wAeelbarruw.
Carberry Then came back to Adams,
nd said by J-s Ct you shall 70 q
ut, aud Adams sroopei and licked up
piece OF iron, and he immediately
red; AdaTs took hold of Ca.berry and
e then threw the pistol away and
truck him several times in the face;