The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-07-27
The CRIMINAL COURT.
THE DROss NECK MURDERER
ESCAPES IHE GALLOWs.
A Compromise Verdict Sends Ben Smith
to the P~enitentiary for Thirty Years
Simon Prince Gets Free-The Incendiary

"A Compromise Verdict Sends Ben Smith
to the Penitentiary for Thirty Years
Simon Prince Gets Free-The ~Incendiar
Case.
Pursuant to adjournment for recess
on Wednesday evening, the criminal
court met yesterday at $3.50 a. m, His
Honor Judge Sutton presiding.
The jury which went out at 5:45
O'Clock Wednesday evening, On the case
Of the State VS.. Ben Smith, colored, in
dicted for the murder Of the sailor
Charles Jones, in Dross Neck, was still
out when the court met. They came in
at 9:45 a. M, and reported a verdict
of murder in the second degree. The
verdict was a compromise, the jury
having stood four for acquittal, two
for murder in the first degree and six
for murder in the second degree.
The convicted man was in court and
showed no concern at the verdict. At
ter the verdict had been entered Judge
Sutton told Smith to stand up and
receive the sentence of the court. He
stood up in the prisoners dock and
his honor aid
ben Smith, the jury by their verdict
allow you to escape hi gallows. l
take it they were Influenced by their
mercy and compassion, for judging
from the evidence in this case you
committed a cold blooded, deliberate
and premeditated murder-and not only
murder, but murder in the first de-
gree. In passing sentence upon you,
I feel it my duty in order to protect
society Of all classes and conditions. to
remove you from society for the full
period to which the law authorizes me
to give. The evidence clearly showed
that your victim was running and, beg
ging for mercy and that he was bru-
tally murdered by you. The jury has
shown more mercy to you than you
did to the poor sailor, Charles Jones,
that defenceless man, on the night OF
February 10th. 1t is, therefore, the
judgment of this court that you be
confined in the state penitentiary at
Raleigh, N. c., for a period Of thirty
years at hard labor"
Smith betrayed no emotion and had
hardly sat down till the irons were
put upon him and he was taken back
to Jail.
SIMON PRINCE ESCAPES.
Solicitor Richardson announced to
lie court IIdL IL was Ills ucSIC ~ 1O1
pross with leave the case of the state
against Simon Prince, colored, who
stands indicted for the murder of Wal
ter Pemberton, colored, at the house
of Jim Whitfield, colored, in Dross Neck,
on the night of March 9th. He in
formed the court that it would be i'm
possible to convict the accused without
H. - H. lila --l -
h had gone away from the city, he
thought it best to mol pross the case.
Judge Sutton t%hereupon ordered the
case to be mol pressed with leave. ST.
mon Prince was in court and his coun-
sci, George H. White, colored, asked
that he be discharged from custody.
Judge Sutton ordered the discharge of
the prisoner and he left the prisoners
dock, went out and had a conference
with his lawyer and went his way a
free a
THE INCENDIARY CASE.
At 10 a. M, the court took up the case
Of the state against ex-Policeman Fred
p. Rowland, charged with setting fire
to the naval stores yard of Robinson &
King, at the foo Of Orange street at
its intersection with Water street. The
court house was packed with people
and deep interest was manifested in
the proceedings. The accused was in
court and sat with his counsel, Messrs.
Bellamy & Bellamy, Herbert McClam-
my, Esq, and George L. Peschau, Esq.
The states counsel were Solicitor M. G.
Richardson, John D.. Bellamy Esq, and
c.. p. Jockey, Esq.
The first thing lone was to separate
the witnesses and require all witnesses
to be removed to another part of the
court house so that one only would be
admitted at a time. A jury having
been secured by 1925 a. M, the state
called it's first witness in the person of
E. G. Jones.
Mr.. Jones testified that he was a
member of the fire department and re-
membered the fire in the Murchison &
Co., n Calder Warehouses on Water
street, at the foot of Nun, on the morn
ing of the Bird of last March. He said
the members of Wilmington Steam Fire
Engine Company had a little celebra-
llOH Tie light UcAOIc the AlO AAA6 l
the fire, and that when the boys came
down street, they stopped in the French
Cafe, Warren's bakery, Schibben's SAL
loon and Wallace's saloon, or Front
street near Market street. They reach
ed Mr.. Wallace's place about 10 or 1880
o'clock. Witness testified that he does
not drink and never tool a drink in
the saloon, but was there with several
others. After about a half hour, the
defendant Fred P. Rowland came in
and one of the party treated him. He
took two or more drinks later on and
witness heard him say to A. j. Mar
shall Esq, IF I get into a big scrape
would you defend me?" When the
crowd started to go defendant said:"It's
no use to go, there'n be a HI of a big
fire before morning" That was about
u O'clock or a little aftor HyitnasS