The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1888-04-10
THE PROGRESSIVE FARMER, R 10, 1888.

been Stones Attorney several years,
but don't know who employs Bragg;
had known him only al a clerk Of
Stones. Does not know how Stone
cancelled the Kimball mortgage.
Knows nothing about that.
Spier Whitaker, Attorney and coun-
sci for the Kimball Organ Co; not
willing to state anything which might
compromise the interest of his client;
was asked if he knew Stones financial
condition at the time of his making
mortgage to the Kimball Organ Co.;
said he knew from Stones own state
ment that he was insolvent-broke."
This closed the testimony in the case
which had been closely and ably con
tested for three whole days. The
above is not, a ver6atim report of the,
evidence, but we believe that it will
be admitted by those who heard it, as
being substantially correct. The coun-
sci for the prosecution We're Messrs.
Fuller and Snow, Pace, Holding and
Heck and A: M: Lewis & Son, as
sisted by Solicitor Argo, Stamps and
Gray, GIL Strong. Counsel for the
defendant were J. A. Lockhart, Bat
tie & Mordecai, Busbee & Busbee and
Peel & Maynard.
The arguments Of the four leading
counsel who addressed the jury
Messrs. Fuller and Argo for the prose-
cution, and Messrs. Lockhart and
Battle for the defense-were grand
forensic efforts; and during the deliv-
cry of Fuller and Lockhart's speeches
the packed court room seemed to
drip" with silence.
Col. Fuller's style was unusually
impassioned and tragic and his acting
was Of the finest type-equal to Ed
win Forest in his palmiest days. AT
one point, having finished a terrific
philippe against Hearn, in which he
characterized the "red-hot pitch fork
aquefortis" article in the Atela-
gencer as deuilash and born Of the spirit
of he'll, he turned his back upon the
jury and throwing both. his hands on
a table, leaned across it and glared
into Hearn's face for the space of
twenty seconds; it was a dreadful mo.
ment-a dead husband every one
held his breath in sympathy for
Hearn. But Greek had met Greek,
and instead of quailing, a steady, I'M
hinching stare was returned. Hearn
broke the spell by allowing a smile tc
play over his countenance, at seeing
which Col. Fuller quickly regained an
erect position and exclaimed in stem
torian tones, "And, gentlemen of the
Jury, he has the brazen faced effrontry
to sit here and smile as he hears a
recital of his villainy. But we al
know that the great poet and reader Of
human character has recorded the fac
that a man may smile, and smile, and
smile again, and be a william still,
but it broke not the heroic calm on
Hearn's face.
Mr.. Lockheart's denunciation of Stone
and the methods employed in dlspos
ing of his $3.50 per bushel cotton seed
was most bitter and scathing and can
not be reported.
Great -earnestness and ability was
displayedb by the council on both sides
and the case was one of intense interest
throughout.
Col. Argo closed the argument, anc
after a brief charge by the Judge
which did not consume more than ter
minutes, the case was given to the
jury at a quarter past nine o'clock
Saturday night. The jury We're only
out twenty minutes when they re
turned and rendered a verdict of no
guilty.
The court placed the cost upon Mr.
Stone, and then, turning to Mr.. Hearn
he added, with a waive of his hand
as he rose from his chair. "Yous ar
honorably discharged, sir" Phu
ended the one of the most sensational
trials ever known to the Raleigh bar