The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-26


That tho Negro Was Lvnched-Hearsay
Evidence Excluded by the Court.
The Declaration of PARTIES After the
Offense Not Admissible and Mr..
Hardaway Said He Had no Other
Means of Securing Evidence.
Chief of Police J. f. Terry and First
Police Sergeant A. II. Griffin, who were
under indictment for being accessory to
the murder of Thomas Smith, who was
lynched on the morning of September
81. were tried in the Hastings Court
yesterday morning and were acquitted
by the jury, who did not leave their
seats after the case was committed to
them.
The court was called to order at 10
o'clock and the case against j. It. Terry
and A. II. Griffin was taken up. The
court overruled the demurrer to the in
dictment made by the defense and
venire facias was arraigned and sum
moned.
The following jury was then en-
pannelled w. w. Dunlap, G. w.
Koontz, ]. f. NVertz. A. O. Beckner, E.
A. Thurman, G. e Baer, j. w. Pepper,
S. 8. Wallace, Charles Sink, S. e
Rhodes, s l.. Crute and Samuel Carson,
Deputy Clerk Kizer read the tndict-
mont, and Messrs Terry and Griffin
each entered plea of not guilty.
Commemorative Attorney Hardaway
announced that he had not examined
the witnesses, did not know what their
evidence would be, and therefore would
not make q statement to the jury.
The first witness was Police Justice
w. IL. Turner, who stated that the &C.
cused were on duty as police officers on
the night Of the riot.
}. f.. Young, for the defense, objected
to the testimony OF Judge Turner ON the
ground that under the Indictment the
corpus delecvi must be proven-that is,
the prosecution must show that the
murder waa committed and committed
by ono or moro of the persons charged
in the indictment. The court 80 ruled.
City Sergeant d. Is. Traynham was in
troduced. He stated that tie negro,
Charles Smith. was in tho Jail alive
when he last saw him.
Police Officer Aiken testified that he
saw the negro Smith September 81,
after he had been lynched. He saw the
negro taken from the officers that night.
Ill did not know who the parties were
They were disguised.
Acting Chief of Police r. II. Gold, on
being sworn, stated that he did not see
the negro after he was lynched He
did not know who lynched him.
w. s. Gold stated that he was in the
his own personal knowledge that the
negro was lynched. lie did not know
who did the iynching.
Police Officer n. Flick testified that
he did not see the negro after he was
dead ana did not know who lynched
him.
M. IL. Browne stated that he did not
know whether the negro was lynched or
not Did not hear anyone say they
lynched him and did not know who did
the lynching. The witness did not hear
anyone say the negro was given up to
,ha mob.
the negro after he was hung. lie did
not know who hung him.
j. C. Davenport sta ted that Walter S.
Boone said something to him about the
hanging after it was done The de-
tense objected to this testimony on the
ground that it was improper to introduce
ajdeclaration Of one Of the principals
after tho crime was committed &C a
trial of one OF the accessories and in the
ABSENCE Of the principal, who was not
OF trial.
The court decided that the declara-.
items OF parties after the offense was
clearly not testimony.
Mr. Hardaway stated that he had no
other means of establishing the fact
that the principals were guilty except
admissions that were made by them
afterwards.
The jury then returned the following
verdict without leaving their seats:
I'VE, the jury, find the prisoners, j. IL.
Terry and A. q. Griffin, not guilty as
chaEged in the Indictment"
OTHER CASES IN CoUaT.
WIN. Sale was tried on an appeal
from the police court for disorderly
conduct at the market and was fined 500
Thecase OF the city va. s. j. Akers
On On appeal from the police court was
continued.
In the case of the city vs.. II. Olricks
counsel for the defense, A. Blair An.
trim, moved to quash the Indictment.
which notionAwas sustained by the
court
The case of the com mon wealth VS.. d.
I'll. Mitchell, indicted for the murder of
n. c. N5er. will BIS tried Monday.
To the Public
The executive board of the Home for
the SfpH har ~