The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-07-09
A Singular Case.

Joseph F. Craig and Fred P. Rowland
| were before Justice John j. Fowler
yesterday charged with the larceny Of
a horse and buggy belonging to Mr..
II. L.. Fennell. The facts in the case
| were these: Some parties hired a horse
| and buggy on the 5th instant and drove
to Cedar Grove on Greenville sound,
to spend the day. 1t appears that
| while the horse was hitched to a tree
at the grove, some one unhitched the
animal and drove off with the buggy.
A negro who saw two men get in the
buggy told the man who had the turn
out hired and he and a friend went in
pursuit. They ~overhauled the buggy
four and a half miles from Cedar
Grove, near the Edens place, and found
Fred P. Rowland and Jos F. Craig, of
this city, in possession of it. They at
once gave up the horse n buggy to
the pursuers, Rowland stating that a
man gave them permission to take the
horse and buggy.
All the parties live in the city and
on Tuesday Rowland and Craig were
arrested on a warrant charging them
with the larceny of the horse and bug
gy. At the hearing before Justice
John j. Fowler yesterday, Mr.. Craig
showed that Rowland told him he had
borrowed the horse and buggy and ask
ed him to take a drive with him.
Supposing that his was the truth, Mr..
Craig got in the buggy with Rowland
and did not know any better until they
were Overhauled.
The case of Mr.. Craig was thorough
ly investigated and the evidence ex-
honorated him of the charge. He was
thereupon discharged from custody.
A. J. Marshall appeared as his counsel
at the investigation.
Mr.. Rowland made affidavit that he
did not think Justice Fowler would
give him a fair trial, and t~hereupon
the case was transferred to Justice R..
H. Bunting, to be heard at 10 O'Clock
this morning. He required a 5000 bond
for HoWland's appearance at that hour,
but as he could not give bond just then
a commitment was made out and he
was turned over to Deputy Sheriff
Guion, who was willing to accompany
him to see his friends They came
down Princess street and stopped at
the place of business of q gentleman
who Rowland thought would give bond
for him. While the officer stood at the
door, Rowland went in and in an I'M
guarded moment made his escape out
of the back door. Officer Guion, how
ever, recaptured his prisoner about
3 O'Clock on Seventh street, between
Dock n Orange streets, and commit
ted him to Jail.
The law in this case is very plain and
can be found in section 1867, chapter
%, volume 1, of the Code, which reads
as follows:
DEMONSTRATING a horse for tenn
pOrary p 1879, chapted 234, Sec
ton LIST.
IF any person shall unlawfully take
and carry away any horse, gelding,
mare or mule, the property of another
person, secretly and against the will Of
the owner of said property, with intent
to deprive the owner of said property
of the special or temporary use of the
same. with intent to use said property
for a special or temporary use of the
same, or with the intent to use said
property for a special of temporary
purpose, the person SO offending shall
be guilty of larceny and punished by
imprisonment in the penitentiary or
county Jail not less than four months
nor more than ten years, and fined, in
the discretion of the court"