The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1892-03-29
i REMARKABLE CASE,
John O. Davis Creates a Sensation and
Slanders Judge Meares.

OlanQerS Judge WeareS.
The Wilmington papers contain
very large accounts of the trial Of John
c. Davis, the lawyer Of that city who
swindled many people out of large
sums of money and nearly wrecked the
Fifth Street NJ. f. church there. His
trial really never got beyond the pre-
liminary stage, Saturday the case
came up in the criminal court, betor.
Judge Meares. Davis was present with
his counsel, John D. Bellamy, jr., and
Thomas w Strange. b. r. Moore
and A. NJ. Waddell, for the prosecu-
ton, were ready for the trial The
judge ordered them to proceed with the
case, when Mr.. Strange called the wiz
nesses for the Defense Mr.. Bellamy
stated that out of 80 witnesses there
II absent, of whom several were very
important. Judge Meares said that
he thought they had a sufficient num-
Der present to begin with and if the
defense wished he would order capiases
issued and have these absent
witnesses, who resided in the
city, brought into court and punished
for contempt. 1t Was then alleged
that an important witness was absent,
Rev. J. R. Sawyer. formerly pastor ot
Bladen Street NJ +. Church, now at
Manteo. Mr.. Strange then asked the
States attorneys if they would admit
what Mr.. Sawyer would have testified
to. Solicitor Moore replied that the
State would admit nothing. The de
fendans had resided at Wilmington fol
fifteen years, and if insanity existed the
city would be full of witnesses to the
fact, without sending away off tt
Manteo for witness. He disapprov
ed of a step that would delay j lstic'
or trihe with the process of the cour,
to prove fact that, if i. existed at all
must be known to a multitude of wit
nesses in Wilmington. Judge Meare
, then ordered that the trial be proceedec
8 with, and stated that as the defendant
, counsel claimed that the prisoner wa
: insane, he ordered that the issue, Il
! the defendant insane at this timer b
, submitted to the jury. 1t was thel
b alleged by Davis counsel that DR.
Murphy Of the Western insane ASYLUM
n was an important witness. Col. Wad
5 dell read an affidavit by DR.. Murph
Q giving reasons why he could not b
d present at the trial. Davis sprong II
# and said that "Dr. Murphy is nc
# wanted here anyhow. l am not IL
J. sane," said he. "and if that man wa
4 here, he would be against me-, and "
9 don't want him here. He sewed u
>. my skull! once, but | am not insane.
!, The court directed that The trial pr
Y ceed. Mr.. B llamy at this announce
- that he had motion to make. Then
. sensation was precipitated. Mr.. Bell
+. my made a motion for the removal
the case to the Superior court, al
presented and read the affidavit
Davis setting forth that it was his b
lief that he could not get a fair al
4 impartial trial at the hands OF Jud!
Meares, that be owed the Judge $40
% and that the latter had said ID Wis b.
Is defrauded him. Mr.. Bellamy stat,
N to the court that he and his associa
d counsel were averse to making th
Sc affidavit but that Davis had an insa,
it fear of Judge Meares, He is not Il
* only one who has," said Judge Near
cd who betrayed considerable indignatio
IN The judge said the affidavit was bas
e- on a bald-faced lie, but that he wou
ut remove this case to the superior cou
as Col. Strange stated that he was {
be posed 70 such an affidavit as was ma
;r by the defendant, but it was an inSa
"a idea the defendant had. and he he
v. estly believed him as big lunatic
: was ever in an asylum. mo | ,
not" said Davis coolly, Col. Wadd
then said, Lets stop this faI ce." I
witnesses were bound over to atte
:. the superior court April 1S.