The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-10
JURY SAYS "GU|LTY"
Mrs. Arlington Convicted of
Libeling Justice Smith.
SOLICITOR PRAYS JUDGMENT.
The Prayer for Judgment to be Argued
Saturday Arringtons Surpris-
ing Statementto the Gentlemen, One
and ALL"

SdtuTudf--MFS. Arlington SurpriS-
ing Statementto the "GentIemen, One
and AL"
In the Superior court yesterday
morning Mr.. +. II. Busbee asked that
n capias instanter be issued for Mrs.
Pattie ID. b. Arlington. Mrs. AIRING
ton had not appeared at the opening
of the court, and Mr.. Busbee said the
business of the court should not be
interrupted in any such manner"
The capias was issued, and Mrs. Ar
rington appeared.
About noon the case of the State
vs. MIS-. Pattie ID. b. Arlington was
called, charging her with criminally
and maliciously libeling the memory
of the late Chief Justice w. Y. ii.
Smith.
Mr.. Busbee asked the judge to assign
counsel to Mrs. Arlington.
Judge McIver asked one or two law
yers to appear for her, and they de-
clined. Hesthen asked Moses ljlcds0e,
Esq, to appear with her.
Il cannot refuse" said Mr.. Bledsoe.
And he conducted the ease for her.
The libelous statement was that the
late Judge Smith had, by fraud and
deception, gotten her property.
Guy V. Barnes testified as to the
printing of '"The Criminal Docket by
Barnes Bros, the copy all being furn-
ished by Mrs. Arlington and the pa
pers all delivered to her.
Justice Harry Roberts again testi-
fled to the extensive circulation Of the
paper.
lie stated that u. NJ Moore had Il
mortgage on the property ON the cor
ner of Halifax and North streets The
mortgage was transferred to Maj.
Vass, who forecIosed it, That Mr.. Cat
ling was appointed commissioner to
sell the property. That in Cuttings
absence he sold the property to Mrs
Arlington for S. 900. 1t was a cash sale
and Mrs. Arlington failed to come to
time with the money. That evening it
was sold again, to T. i. Faison and w.
Y. II. Smith for $1,000. This amount
was paid in check signed by W. y. II.
Smith.
Counsel Busbee read several extracts
from The Criminal Docket" showing
malice on the part of Mrs. Arlington.
w. 81 Snow then testified that the
late Chief Justice W. y. ii. Smith left
widow and two sons, and that these
stood high in public esteem.
Mai. W. W. Nass testified as to the
sale of the property and exonerated
Judge Smith from any blame in the
matter.
TIE WOMAN on THE STAND.
Mrs. Z. ID. u. Arlington again went
on the stand She attempted to read
1,4 To- "a n
troducc them rs evidence, but they
were excluded. She charged Maj. Nass
with double-dealing. She said he had
originally bought in the mortgage to
accommodate her, and save her proper
" from her husband, WA. Arlington;
that he extended the date of sale sew
cral times at her request, and told her
to bid in property at the cash sale, as
ne would arrange about the payment,
the only difference would be change
in the mortgage, and the property
would remain hers; that she went 10
Mai. Nass, who was sick at the time,
and he promised TO arrange the mort
gage and the purchase money that
evening. He didn't do it, and that
same evening the property was sold to
Faison and Smith. Those are the prin-
cipal points in her testimony.
The Judge charged the jury, the
jury retired They soon returned, and
rendered the verdict guilty"
After the verdict had been announc-
ed, the Judge said: Everyone in the
courtroom will please keep silence
while Mrs. Arlington makes her state
ment."
Mrs. Arlington arose, and faced the
courtroom, packed with men.
JUDGE SMITH IS INNOCENT"
Gentlemen one and ALL she began.
And then continued:
"As for Whitaker, every word / have
ever said / would repeat to the last,
and if my witnesses had been here /
would have surprised the people.
'But after finding the papers in the
Smith case different from what /
expected to find them, and when Maj.
Vass went on the stand and denied
that he had ever promised to hold the
property for me, and that he held the
property in my interest, then L be-
came convinced that Judge Smith was
an innocent man, and l believe that
Mai. Vass, Cooke and Davis deceived
me and caused me to lose my prop
erty.
Il make this statement in justice to
myself and Judge Smith"
This unexpected denoument took
everybody by surprise.
1t was sprung without moments
notice.
VERDICT REGARDING BARNES
BROS.
In the case Of the Barnes brothers,
upon the finding of facts, Especial YER
diet had been agreed upon.
Upon this special finding of facts
Judge McIver found them guilty.
The finding of the facts sets forth
that GUY V. Barnes, II. f. Barnes,
and II. i. Barnes are partners in the
printing business of Barnes Brothers.
That they published no newspaper,
and do only job printing. The Crimi-
nal Docket was printed at the office
as job work; no copies were delivered
to any one except to Mrs. T. ID. b. Ar