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

/ by the state, ana resumed tnat Jones
| came to her house on the night Of the
killing. He was drinking and after
being in the house awhile she and he
went out and got a quart Of liquor.
| They returned to the house with Julia
| Moore, colored, and about 1870 O'Clock
| Ben Smith and Dan Parker knocked
| at the door and asked for a cigarette.
| The sailor told her to admit them and
| she did so, and gave them a light. The
| sailor also told her to give them a
| drink, which she did. The sailor told
| Smith and Parker to go out, he wanted
| to go to bed, and they declined to go.
| The sailor took a razor out of his pock-
! ct, and opening it, cursed them n
| said he would make them go. Ben
| Smith seized a piece of board Or plank
and drew it back, but did not strike.
| The sailor made no attempt to cut. He
| (Smith) told Alice Sampson and Julia
| Moore to get out of the way. She told
| Smith not to hit the sailor in her
house and then she and Julia Moore
went out and never knew anything
more of the difficulty until Jones vas
found in the alley. Nothing important
| was brought out in the cross-examina-
ton.
Or. J.. C. Shepard was called and tes-
tilted that he made an autopsy OF the
| body. He found a cut on Jones' head
and a bruised place over a bad fracture
of the Skull. The fracture, in his opin-
ion, caused death.
Julia Moore was examined and main
ly corroborated the statement of Alice
| Sampson.
| Lucy Jan Coleman was sworn and
| testified that she and Ed Cause, hear
ing a man boiler in the alley, went
there and saw Jones lying on his face.
| Ed. Cause and Ben Smith picked ones
up and tried to stand him on his feet,
but he could not stand. Smith then
| called Jones a bad name and said let
| him alone, he would soon ge t uD.
| Smith then went Off in a trot.
Moses Broomfield, colored, was called
| and testified that while in his house
on the alley he heard fighting and
| heard ticks, and a man boiler. He went
out and saw the man down and saw
| Ben Smith and Dan Parker, and told
| them not to hurt him any more.
Cyrus Russ, colored, was called and
| testified that he saw Smith and Parker
| go into Alice SIMPSONS house after
Jones. Smith vent in to run Jones out
| and Parker stood at the door with a
| stick and hit Jones as he came out of
the door. Smith followed him out and
| struck him twice and he fell in the al
| ley.
Deputy Sheriff w. ". King, the jail
| or, was the only witness called by the
| defence, but his testimony was only
| that Russ told him he intended to tell
! all he knew about the difficulty in or
| der to clear himself of any blame about
| the murder.
After the testimony had been con-
| Guided, Mr.. Gore addressed the jury
for the defence, making a strong plea
for his prisoner, presenting the facts,
| clearly and handling the testimony
adroitly. It was his maiden speech at
the bar, and he is to be congratulated
upon his effort. David B. Sutton, Esq,
| spoke for the defence, and was followed
for the state by Solicitor Richardson.
Judge Sutton delivered a clear and
admirable charge to the jury and they
| retired at 5:45 p. m.
The court took a recess at s p. m.
till $3.50 o'clock this morning. The jury
| failed to agree and remained out all
night.
The court his morning will take up
| the arson case against F. P. Rowland.