The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-26
CRIMINAL COURT.
BERRY ARRAIGNED FOR THE
MURDER OF BELL.
POstrOnement Refused by Judge
NIOOre-A jury Selected and the
Evidence for the state Is Being
TAX en- Rapidly.

1t was touching scene that was pre-
selted in the court room on Yesterday,
when the case of State VS.. John Berry
was called, and the youthful defendant
was brought in accompanied by his
mother and wife, the latter a sweet faced
young girl, apparently under twenty
years of age, and holding to her breast
an infant of some two or three months.
On the other side, near to the solicitors $
table sat the widow of George Bell at
tended by lady friend, and the svmpa-
thies of the court were equally divided
between the sorrowing widow, and the
anxious young wife and mother with the
infant unconscious happily of the sadness
which surrounds it.
At the opening of the case, the defend
ants counsel again presented the affi-
davit Of the prisoner, praying a Contin-
uance on account of the absence of a
material witness, Charles Harkns, and
also a telegram from him that he would
come ut once, if his expenses were paid
and the counsel pledged themselves to
deposit with the clerk of the court, the
money to pay said expenses.
His Honor after careful consideration
decided that it was contrary to all pre-
cedenr III North Carolina to grant con
tinuanCe on account OF the absence of
witness, who was out of the State.
The venire OF 1875 men were thencallc
and of the number about twenty-five
| failed to answer, some having died,
others removed, and still Others who
could not be found nor accounted tor
This gave the defense occasion to chal-
lengc the whole array, but their objec-
ton was ovcrrucd and the work of
selecting was proceeded with.
Not one of the regular panel was ac
cepted, and very large proportion OF
the vcnire had been called, before the box
bas filled BY the following gentlemen, to
wit:
J. w. Holt, !. NJ. Stepp, T. T. Howell
S. F. Stroup, W. A. Kelly, A. Lytle r. B.
Glenn, IL. S. Carson, w. Fox, M. c.
Davis, Pink Smith, L. Altman.
The bill of indictment being read, the
examination of the States witnesses be
gan, with the testimony of F. L. Howell
AS we were able to hear only a portion
of Mr.. Howell's evidence, we prefer not
to attempt to publish it, lest unfortu-
nately we might do an injustice to one
side or the other
The second witness was Mr.. J. D. Car
ter, who was emplovSA by Bell: Berry
came to shop and asked witness where
Bell was; walked down street in dircc-
ton of warehouse and met Bell; they
came back together and entered shop
Bell went behind counter, Berry in front !;
some words passed which witness did
not understand; thinks Bell said, there
is enough said" Berry went out on
sidewalk; Bell came to door and told
Berry to go away from his door, saying,
that he, Berry, had pistol in his pocket ;
Berry took hand from pocket and said
he would give any man SO to find Il
pistol about him; Bell called Berry Il
d--d thieving - ----. In a mo-
ment Berry fired; Bell wheeled back as
| though to go behind the counter to get
out of the way; and there were two
more shots fired; sprang out to Berry
intending to catch his hand; the firing
WAS over before got to him; Berry said
something TO the effect that | must not
lay hands on him; | then heard Bell cry
out, and | went back to him; Bell had
not fallen; had hands Oh breast; said,
"he has killed me; we carried Bell into
| Hills store.
The next witness was f. S. Ball who
was on sidewalk, near beef market OF
Bell; heard quarrel; turned around :;
Berry was on sidewalk little above
| Bells door; Carter was on lower side of
out the door and made d gesture; wit
ness thought Bell spoke, but witness did
not understand what he said; Berry at
once shot three times; witness ran to
him; Berry turned pistol and looked i'll
it; Berry said, Il will kill any man that
calls me a--;" and told witness
and Garter that he would kill either,
that touched him; Berry started up
street, surrendered pistol to mayor;
witness returned to help Bell.
Mr.. ]. !. Hill said, | heard pistol shot ;
saw Berry near curb; he had pistol lev
cled; he fired second time; saw Carter
run to Berry; then Berry fired third shot ;
Berry said to Carter, il you bother me
III shoot you; Carter asked Bell if he
was hurt, and Bell was soon brought
out of his shop into my store.
Mr.. T. !. Gentry said, heard quarrel !;
stopped; heard Berry say to Bell, you
had better not come out here with a
weight in your hand" Bell ordered him
to leave the premises calling mm Il low
down thiel and rogue; Berry drew pistol; +;
fired and hit window facing; Bell turned
as though to get out OF the way
Berry shot twice through window sash ;
Berry went up street; met the mayor.
| Mr.. {. D. Blanton said, am mayor of
the city; met Berry and arrested him
asked why he had shot Bell he said, "he-
cause he called me IA and was
about to hit me with a weight; | shot
and expect hit him"
p. c. McIntyee saw Berry on the morn