The news & observer., 1897-01-27
AUGUSTUS POUNDS SET FREE.
Judge Montgomery Decided That he was
Entitled to Bail.

Augustus Pounds, who accidentally
killed James Marshburn. of Middle Greek
township, several weeks ago is a free
man. lie has been in Jail ever since the
tragedy ON charge of pointing a gun at
the man he killed, but yesterday at 2
O'Clock he was allowed to give a $500
bond and was set free.
Within few hours after the accident
happened he was arrested, taken before
a magistrate and at once committed to
jail. Pounds claims he never had
chance to give bond, but that within the
next few days his friends were on Tie
way to Raleigh when they were notified
that bail would not be accepted, as the
trial magistrate had advised the clerk
Of court that new evidence in the case had
just been discovered. This proceeding
Pounds declared to be unjust and illegal
and through his attorneys, he last week
swore out a writ of habeas corpus re-
turnable before Judge Montgomery, on
yesterday.
The case was argued in the Supreme
court room. A large number of
Pounds friends were present. Mr.. T. P.
Deyereux represented the State and
Messrs. .Argo and Snow appeared for
Pounds
John Honeycutt was the first witness
to be examined. He said that Gus Pounds.
James Marshburn, George Marshburn.
Walter Bunch and he went hunting on
the day Of the accident They were all
friendly. They got back about 1 o'clock,
ate a late dinner at the home of Mr.
Dallas Marshburn's, the father of the
young man who was killed. AS the de-
fendant Pounds started home the de-
ceased MarShburn struck him on the back
playfully with a reed fishing pole. They
had little scufile over the fishing pole;
about two feet of it was broken off, which
they threw back and forth ut one another
time or two. Then Marshburn ram
around wagon. Pounds picked up
piece of a hoe handle, about eighteen
inches long, and threw it at the deceased,
and that was thrown back and forth a
time or two, and the defendant said to
Marshburn, ''I'll shoot you" Almost in
stantly thereafter the gun was fired and
Marshburn fell. The witness said Pounds
and Marshburn had always been friendly
and were always playing with one an
other and he thought they were playing
on that occasion; they seemed to be play
ing. He said the defendant seemed
greatly grieved at what had occurred
Walter Bunch and George Marshburn
testified to substantially the same state
OF facts, but neither heard Pounds use
the words, I'm shoot you"
DIR. B. ID. Marshburn examined the
deceased shortly after the accident and
found two bullet holes in his forehead. He
said there was q slight flesh wound un-
der the chin on the neck, another on the
hack s1f his bnaH o1,H otsiI
back about the shoulder blade. in which
wound he could feel bullet about the
size of buckshot. When the body was
undgessed a bullet the size of a buckshot
was found in the clothes. Dick Hood
picked bullet of the same size out of
the fence in the rear of where young
Marshburn was standing. DR.. Marsh
burn sflid Pounds told him that he threw
the gun to his shoulder, pointing upwards.
pulled the trigger, but didn't know the
gun was cooked.
llatta Strickland also heard the de-
fendant say that he threw the gun to
his shoulder but didn't know it was
cooked
The defendant Pounds was next exam
lned IN his own behalf. He denied say
ing to DR. Marshburn and Latta Strick-
land that he threw the gun up to his
face and pulled the trigger. He said
that he had the gun under his arm and
throw it up to ward off the stick which
Marshburn had thrown at him and did
not know how it happened to go off. He
denied that he saw where Marshburn
was standing when the gun was dis
charged. The witness said he told his
wife that it was an accident.
Beauregard Faison said he loaded II
shells for Pounds o2 the day he bought
his gun, about week before the accident,
but aid not put into them any bullets
ike those shown on the trial.
jim Honeycutt also testified that he
had loaded some shells for Pounds but
he never put any buckshOt into them.
AT this point Judge Montgomery said
1t was useless to go further. as the de-
fendant was entitled to bail, and the
question now was as to the amount, Two
things, he said were to be taken into
consideration-the financial ability of the
prisoner and the gravity of the offence.
Mr.. Devereux thought it ought to be
considerably above the amount fixed by
the magistrate, $500.
Col. Argo said the defendants people
were very poor and had never made any
attempt to escape and he thought 5000
amply sufficient.
+ Judge Montgomery decided to fix the
bail at $500. The bond was at once
given, Messrs. Paul Lee, Clarence Rich
ardson and G. r. Thomas, signing it as
sureties.