The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-28

had been secured before a ma glStrate.
The Mayor explained that he had no
feeling in the matter because of the turn
affairs had taken. He said he had in
person notified Mr.. Howell that the trial
would come off on Saturday morning,
and yet Mr.. Howell had deliberately
shown contempt of court by not attend
ing and spirit that was not at all com
mendable. II was, he said, for this rea-
son, and the further fact that he is chair
man of the school board that ne removed
the case before another magistrate He
said he wanted the case fully and fairly
investigated.
At this point Mr. Maroon arrived and
announced that he would dismiss this
warrant and try the warrant for as
soult and battery already sworn out be-
fore him instead He made the follow
ing entry upon the warrant before the
court: This warrant is adjudaed to be
void because of the one previously issued
and now pending for trial. April 9th.
1897, and this warrant is dismissed and
the defendant discharged from arrest
Hereunder
After this had been done, Mr.. Howell
asked to be allowed to make a statement
to the court. He said he wanted TO say
that if the warrant was issued upon in
forma ton furnished by him he did not
know it: that when he reported the mat
ter to the Mayor he was tod thar the
case would be reported by the Chief of
Police and come up next morning.
This ended the case and the court adj
iourned. The case will now he heard to-
morrow week by Justice i. 6. Maroon,
the charge against Mr.. Harris being
assault and battery.
STATEMENT BY MIR. HOWELL.
The sta tement made by the Mayor to-
day in the trial of Mr.. Harris does me
much injustice. | do not know why the
Mayor fancies that / have shown
bitter spirit towards him, and | deny
that | have done so. This entire state
ment was a surprise to me.
| had only one warrant sworn out
against Mr.. Harris. the one issued to-day
by Mr.. Maroon. Immediately after Mr..
Harris attack upon me Wednesday af
ternoon, some friends urged me to go at
once before a magistrate and swear out
warrant for his arrest. Instead |
sought some members of the school COM
mittee, to give them true account of the
attack, for the report of it was all over
I went to the Mayor, the legal guar
dian of the city. as we'll as chairman
of the School Committee, and told him of
the affair in detail. ! did not ask for
warrant against Mr. Harris. but took it
for granted the Mayor would issue one
| rather expected the warrant would be
issued Immediately, il it had not already
been. But the Mayor said it would come
up in the regular channel next morning
through the Chief of Police. and added
with a laugh that he would have me and
Mr.. Harris before him at ten o'clock
with the other prisoners.
In fact. the Mayor seemed to take
a jocular view of the whole affair. and
| was panied at his failure to recognize
the gravity of the offence.
l told him | would be ready at any
time. and that | could give him the names
of some witnesses, and asked him to noti-
fy me by telephone when / should be
wanted.
At the foot of the stairs going out.
] met the Chief of Police. and had
conversation with him about the trial.
and the time and manner of summoning
witnesses. | asked him also to telephone
me when he wanted me- 1t was not my
purpose to report the affair to him. for
he already knew it. I did give him an
account of it, as | did to so many other
men that afternoon. The Mayor says his
warrant was issued upon information fur
nished the Chief of Police by me. /
doubtless did give the Chief more in
formation thany any one else. But | di0
not know the warrant was issued on ac-
count Of that informatio for the Mayor
had already told me the Chief was going
to report the ease. and it would be tried
at fen O'Clock Ny conversation with
the Chief was informal. on the side walk
| did not ask for warrant. for it never
occurred to me that in regard to such
public outrage it would be necessary for
me to take any action.
Next morning | was expecting to be
arrested along with Mr.. Harris and at
tend trial at ten o'clock. as the Mayor
had said. But no warrant was served
nor summons, nor notice given. A little
before ten. a friend. who had enguired of
a policeman. informed me by telephone
that the trial had been postponed. /
was at my Office at the Centennial School.
The statement made by the Mayor this
afternoon that | showed contempt of
court that morning by not appearing rs
a witness, does me entire injustice. ! had
received no summons. He had told me
the case would he tried at ten o'clock.
But the warrant had not been issued
then. and the Mayor had given me to I'M
derstand that the warrant would be for
my arrest as well as for Mr.. Harris
Thursday afternoon the Mayor met
me by accident. and told me the case
had not been tried that morning be-
cause Mr.. Harris was busy, and that it
would not be convenient to Mr. Harris
to stand trial till Saturday: and so he
would try it Saturday.
Friday afternoon. about six o'clock.
Mr.. Douglass who is my counsel. asked
the Mayor at what hour on Saturday
the case would be heard. The Mayor
replied that he would see Mr. Harris,
and find out what hour on Saturday
would suit him. IT was then that Mr.
Douglass. and |, said: II want to intro
duce some testimony" and again asked
the Mayor to name an hour. But the