The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-09
WASHER OWN LAWYER
No Attorney Would Defend Mrs.
Arlington, SO She De-
tended Herself
Guilty OF CRIMINAL LIBEL
After Brief DeIiberation, the Jury Brings
in Verdict Against the Defendant
Judge Whitaker on the Stand, Mrs.
p. .. e. Pours Hot Shot Into Him.

Judge Whitaker on the Stand, Mrs.
P.D. 3. Pours Hot Shot Into Him.
The State VS.. Mrs. Pattie ID. Il. Ar
rinpton was the case that filled the
day in Wake Superior court.
it was called at half past ten yes
terday morning, but the cases were
then divided.
Mrs. Arlington said she wasn't ready
for trial, as her most important wit
ness, S. J.. Arlington was not present.
He is in Alabama.
She made an affidavit to the court,
setting forth what she expected to
prove by S. l.. Arlington, but Judge
McIver refused to continue the case.
The Barnes brothers were defen-
dants in the suit with Mrs. AIRING
ton but special verdict was arranged
for them, they having printed The
Criminal Docket" under contract.
The bill of Indictment was held to
be incorrectly drawn and was with
drawn. BY the time court re-assem-
bled in the afternoon q bill had been
drawn with the word malicious" in
serted along with criminal to de
fine the kind of libel charged.
WHAT SHE COULD HAVE PROVED.
Mrs. Arlington said last night:
Judge Whitaker forced me to trial
with four of my main witnesses alb
sent, S. L. Arlington, g. S. Afford, I.
V. Avent, Henry Perry.
IS. L. Arlington would have testi-
fed that he in the May term of the
Vance county court in 1891, did, by
order of Judge Whitaker, place on a
table in rear room in the MaSsen-
burg Hotel at Henderson, a large
amont of money belonging TO the Ar
rington estate.
ct. v. Avent would have testified
that he was paid $2,250 from that
court, Spier Whitaker presiding. This
was an old claim of Spier Whitaker
against j. P. Arlington individually,
and on which he received commission
of ten per cent.
&c. S. Afford would have testified
that he bought tract of land from
j. p Arlington, to which the said j.
r. Arlington had no title, and that he
employed Judge Whitaker as counsel
to push the claim against Arlington.
That the proceedings against AIRING
ton for false pretense were withdrawn
and the matter hushed up, Arlington
securing him by hatched-up commits
sions on the estate.
Henry Perry, clerk of the court, in
formed me that in May, 1891, he was
sent for after nine o'clock to come To
the Massenburg Hotel. He there saw
Judge Whitaker, who sent him back
to the court house after 81 900 that was
deposited there, to bring the money to
the hotel, what became of the money
Mr. Perry didn't know. He never saw
any of the money S. i. Arlington paid,
but Spier Whitaker handed him judg-
Inents covering the entire amount.
About $4,000 was ordered out that
night. There was about that total IN
the papers handed him that night to
be docketed before nine O'Clock that
morning. 1t was after two o'clock
that night before he was through.
1T. v. Avent made full statement
of the whole affair before the AIRING
ton investigating committee.
II knew nothing about this mid
night transaction until many months
afterward. These persons named told
me what have just told you.
Sam Arlington was induced to
leave to keep him from testifying. He
knew he was TO be summoned. | don't
know where he is now"
There was some difficulty in getting
counsel for Mrs. Arlington. Nobody
volunteered. and she conducted her
own case.
WHITAKER OK THE STAND.
Solicitor Pou read the bill of indict-
nent and put Mr.. Spier Whitaker on
the stand.
'Haye you ever seen The Criminal
Docket?" asked Mr.. Pou.
Eyes," answered Mr.. Whitaker with
smile that showed he had heard OF
the paper before.
He told how the copy containing the
libel reached him. Mrs. Arlington
delivered it to me herself She threw
it down in the street at my feet A
servant picked it up, and have the pa
per now"
The paper was put in evidence.
Mr. Pou: Are these charges that
ey'-true?"
Mr.. Whitaker: "They are false from
beginning to end
With that Mr.. Pou let the witness
alone.
3nSiaHIeT the DdtIETiCS VI Mrs. AT
rington were turned on the witness
stand. For an hour the ex-Judge was
raked fore and aft. He stood the on
sianght very calmly, but was laborine
under slight nervous excitement.
You say these charges are false"
was the first question fired into hin
like a hot shot out of cannon.
II do" was the calm answer.
Then there was a series of chair
shots:
Didn't you order money of mine
paid out after nine o'clock at night.
Didn't you meet Henry Perry in q
little back room and hand him pack
age OF papers that you said must be-
recorded before nine o'clock the nex'
morning? Didn't Sam Arlington pay
you $4,000 down on table in little
rear room of the Henderson hoteli
Didn't you sign an order transferring
81 300 of my property on judgmentas
my attorney? Didn't you make Henry
Perry bring to that back room a thous'