The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-07-23

NOUucc mat the STATE was not Teduy
owing to the absence of a material wit
ness for the state, Clarence Pridgen, Of
Fender county, who had been recog-
nized to appear but who was not pres
ent. 1t was explained that Mr.. Prid-
gen was recognized till the next term"
and that this being a special term he
did not know that he was required to
be present. The solicitor said he would
have to ask the court to continue the
case till Thursday and by that time he
hoped to have the witness here.
Marsden Bellamy, Esq, Of ounsel for
the defence, said the defence was ark
ious for a trial and it vas a hardship
on him and his old mother who was to-
tally blind, but under the circumstan-
ces, the defence could not object.
Judge Sutton ordered the case contin-
ued till Thursday at IL a. m. After
the case had been continued, witness
Pridgen arrived in the city.
Simon Prince, colored, charged with
the murder Of Walter Pemberton. col
ored, in Dross Neck, was arraigned and
pleaded not guilty. Solicitor Richard
son asked for a continuance Of this
case on account of the absence Of Jim
Whitfield, a material witness for the
state. He informed the court that
Whitted had been recognized for his
appearance but it was believed that
he had left the city. He stated that
an officer had been instructed to bring
Whitfield into court and was looking for
him. Congressman George II. White,
the colored lawyer, David B. Sutton,
Esq, and D. w. Evans, colored,
were appointed by the court to defend
Prince. Only the first named vas pres
raigned. The case was continued and
the prisoner was remanded to Jail.
At 1910 a. M, the jury which staid
out all night IN the case Of Joseph
Baldwin, charged with resisting IN
officer, came in and reported that it
was impossible for them to agree. A
mistrial vas thereupon ordered.
The court took up and disposed of
cases as follows:
State VS.. Lewis McBest, colored, car
rying concealed deadly weapon, ver-
dict guilty. Judgment was suspended
on payment Of the costs.
State VS.. Levy Lane, colored, carry
ing concealed deadly weapon, verdict
guilty. Sentenced to six months i'm
prisonment in the county house Of cor
r%ection.
State VS.. William Devereaux, lar
ceny, defendant submitted and was dis
charged as being insolvent.
State VS.. George Cordoras, larceny,
mistrial.
State VS.. Melvina Davis, carrying
concealed deadly Weapon, verdict not
guilty.
State VS.. Lucy j. Coleman and Becky
Green, ARRAY, guilty as to Becky
Green and not guilty as to Lucy Cole
man.
State VS.. Joseph Kirkham, resisting
an officer, defendant submitted and
Judgment was suspended on payment
Of the costs.
State VS.. w. H. Koenig, selling liquor
to minors, mol pressed.
State VS.. William Moore, larceny,
verdict guilty.
The court at 6 p. m., took a recess till
$50 o'clock this morning when the case
against Ben Smith, colored, charged
with the murder of Charles Jones, in
Dross Neck, will be taken up.
Pursuant to adjournment for recess
on Tuesday evening, the circuit GRIM
inal court met yesterday at $3.50 a. M,
and took UP h ase Of the state
against Ben Smith, colored, and Dan
Parker, colored, indicted for h MUIR
der Of Charles Jones, a sailor, on the
10th of last February, in the d~isreputa-
BILE quarter of the city known as Dross
Neck. Dan Parker fed on the night of
the murder and has not been captured,
but Smith was in court with John H.
Gore, Esq, and David B. Sutton, Esq,
as his counsel by appointment Of the
court.
The selection of the jury began at
$40 a. m. and before it was secured the
special venire Of fifty men had been
exhausted. Another special venire of
seventeen men was summoned and TX
hausted and another venire of ten was
summoned. By 11:40 am. the follow
ing jury, consisting of five white and
seven colored men, was selected: H.
B. Green, colored, George Grotgen,
John L. Grafhin, c.. w. Futch, George
Raford, colored, Thomas Lawson, Benz.
Shepard, colored, w. J.. Orr, I. T. Bon
itz, colored, Charles Mallett. colored,
Nelson Dickinson, colored, and Hayes
Leonard, colored.
Coroner Jacobs was called as the first
witness for the state. He testified as
to the holding Of an inquest on the
dead body of Charles Jones, and stated
that upon searching his body he found
a razor wrapped with paper and in a