The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-28
BUT 1T WAS DISMISSED
BECAUSE ANOTHER WARRANT
HAD BEEN SWORN OUT.
FOR ASSAULT AND BATTERY
1t Will be Tried Before Justice y. G.
Maroon To-Morrow Week--Mr.
Howell Makes Statement
to the Public.

down to the Graded School last We'd
nesday and attacking the superintendent,
Prof. l.. ID. Howell, came up for a hear
ing in the Mayors court yesterday after
noon and developed some sensational fea-
lures before it was disposed of by remov-
ing It before a Justice of the Peace, and
there being dismissed
1t was dismissed because it was amend
ed to include assault and battery, and
warrant for that offense had just few
hours previous been sworn out by Prof.
Howell before Justice j. G. Maroon, and
Messrs. w. G. Douglass and w. j. Peele
retained as counsel in the case.
The trial on the first Warrant-the one
sworn out by the Chief of Police before
the Mayor-was to have been held on the
morning after the fight, but was post
poned at Mr.. Harris request, and set Tor
l o'clock yesterday morning. At that
time Mr. Howell failed to attend, claim
ing that he had not been notified. SO
the case was again set for 4 o clock yes
terday afternoon.
Great interest has been manifested in
the case and when the hour for the trial
arrived the office was nearly full of spec
tators. Both sides were ably represent
ed. AIessrs. Douglass and Peele appear
ing for Mr.. Howell. and Col. Argo and
Mr.. Armistead Jones for Mr.. Harris.
The case was opened by request from
defendants counsel to amend the war
rant to include the charge of assault and
battery, so that the whole matter might
be finally disposed of in one case.
Mr.. Douglass objected to amending the
warrant. on the ground that a warrant
could not be amended so as TO change
the character of the offense.
Col. Argo thought that it could be
done: that the attorney for the prosecu-
ting witness was seeking "a ruling on this
point 50 as to affect the jurisdiction of
the Mayor in the case. 1t was perfectly
legitimate, he contended, to make any
change in warrant during the progress
of the investigation, so as to finally de-
termine the cause Though Mr.. Harris
was arrested under the town ordinance.
Col. Argo said the warrant could now be
so changed as to embrace an infrac-
ton of the State law. He therefore ask
ed that the warrant be amended by in
sorting. after the words "disorderly con-
duct the words land assault and bat
terry"
The warrant was accordingly amended.
Mr. Douglass then said that if the war
rant was to be amended. he was not
ready for trial, and that he would ask
postponement.
Mr. Jones objected TO this. saying that
the prosecution ought TO be ready, as
the warrant was sworn out on WedneS-
day by Mr.. Howell.
The Mayor said that the warrant was
sworn out by the Chief of Police.
Mr. Jones asked Chief of Police Heartt
il it was not sworn out on information
furnished by the prosecuting witness, Mr..
Howell.
II am not accustomed to revealing in
formation on this point said Capt.
Heart. Il can't answer your question"
Mr. Jones then asked permission Of Mr..
Howell's attorneys to ask him the ques-
ton. 1t was granted. Mr.. Howell de-
MED that he had furnished the informa
tiOn upon which the warrant was sworn
oIt.
The Mayor then announced that his
mind was perfectly clear upon the point
Of amending the warrant, but that there
were a number of reasons why he had no
desire TO try the case, and that having
amended the warrant, he would remove
the case before Justice j. @. Maroon.
He added that in doing so, he felt it
his duty TO file with the warrant, for the
information of the ma gistrate and in
justice to himself the following state
nent, which he read
This warrant was issued on March
oath. on information furnished Chief of
Police Heartt by Logan ID. Howell.
Howell had himself and Charles G..
johnson put down as witnesses, and said
Il +nI hay-s IInnnna1 How
ell was told to be present at 10 O'Clock
on the morning of the 25th. Johnson was
summoned and attended. Howell did
not.
"Mr. Harris asked a continuance on
the ground that he was on the Agricu-
tural Board. that met at 10 o'clock on the
25th: also a member of the A. and NJ.
College Board, that met after the for
mers' adjournment Assuring me he
wolu come in and set day for trial
some time during the evening. This he
did, remarking that he couldn't do any
thing but submit.
"Mr Howell was informed Of Mr.. Har-
ris' action, and assured by myself that
the matter would be heard Saturday. lie
replied: But / want to introduce some
testimony | told him again 10 bring IN
his witnesses so that / could have them
summoned. | heard nothing from How
ell regarding the matter until Mr.. Har-
rIs came in this morning and said he had
been arrested under a warrant from j.
=. Maroon, j. r., for assault and battery.
MIR. Harris is recorded as having been
arrested on the books of the city on The
18th, and has asked nothing more than
is ordinarily asked by defendants, con
tinuance.
Owing TO the bitter spirit shown by
the prosecuting witness in this matter
toward the court, it feels itself justified
in amending the warrant and removing
the case for further hearing before !. c.
Maroon, Justice of the Peace
Justice Maroon was then sent 70. 10
dispose Of the case.
While awaiting his arrival Mr.. pecle
said he desired to say "A word in JUS
tice to Mr.. Howell. He said he had nm
derstood from the Mayor that a warrant
had been issued simply for disorderlv
conduct--that they were prepared for
trial on that, but not on the charge of
assault and battery, which they had no