The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-16
Mr.. HARRIS FINED
Must Pay $15 For Attacking
Prof. Howell.
CASE HEARD YESTERDAY
ABLE COUNSEL EMPLOYED ON
BOTH SIDES.
AND ALL MADE LONG SPEECHES
No Evidence Was Introduced by the De.
PENDANT and Only Three School
Boys Put on the Stand
by the State.
CASE HEARD YESTERDAY
AND ALL MADE LONG SPEECHES

$1,000 and costs.
This was the decision OF Mr.. ). y.
Maroon, Justice of the Peace, yesterday
in the case of the State against j. =. IL.
Harris for assault and battery upon Prof.
Logan D. Howell, superintendent OF the
Raleigh Graded Schools.
The trouble occurred on March 24th,
when Prof. Howell punished one of Mr..
Harris NEUTRALITY-SUSPICIOUS. Mr. Har-
ris went down to the school and at
tackled Mr.. Howell for so doing. The
first warrant was sworn out before the
Mayor for disorderly conduct. There
was some delay in the trial of this, on
account of Mr.. Harris being engaged in
meetings of the Agricultural and college
boards. and before the matter came to
a hearing Mr. Howell swore out the war
rant for assault and battery. SO when
the other warrant finally came to a trial
before the Mayor he moved it before
Mr. Maroon, that all the charges might
be Incorporated into one. And this Is
the matter that was heard yesterday.
The trial began at 10 o'clock, in Justice
Marcom's office, and lasted for nearly
three hours. The plaintiff, Howell, was
represented by Messrs. w. G. Douglass
and J. w. Peele, and the defendant, Har-
ris, by Col. L. NJ. Argo and Mr.. Armis-
tead Jones. All Of them made speeches.
Col. Argo opened the ball by moving,
in view of Mr.. Harris submission, that
Judgment be suspended on payment of
costs
Mr.. Douglass objected TO this, and said
that such q motion usually came from
the prosecuting officer
Col. Argo retorted that this was n mag
istrate's court, and there was no prose-
cutting officer-the magistrate being the
Judge, jury and solicitor. He therefore
contended that such a motion was per
fectly proper; that it was the duty of the
ma gistrate to pass judgment, and now
he largo was simply asking that judg-
ment be stayed.
Mr. Douglass said it was the province
of counsel for the prosecuting witness.
Howell, to move stay of judgment If
any such motion We're made. He was
willing to give the counsel on the other
side every right and possible courtesy,
but the motion just made could not be
allowed. Mr.. Douglass couldn't under
stand why the opposing counsel should
ask such an unusual thing, unless twas
their object to get both the opening
and closing.
object of the notion and he denied that
the opposing counsel had a right to make
such motion; they did not represent the
State, but the prosecuting witness; they
could not pray the Judgment of the court.
The State IN this case, Col. Argo contin-
ued, was represented only by the magis-
trate, and that Mr.. Howell had nothing
to do with it beyond being witness.
Justice Maroon saw the matter diff
ferently, and so he overruled the motion
and said the court would proceed in the
regular way. Thereupon the witnesses
for both sides We're sworn in.
All the witnesses put on the stand
were school-children. The first one was
JAS Broughton, who said he didn't see
the fight but he saw Gordon (Mr Harris
SOM run and Prof. Howell catch him
and take him to the Office. He didn't
know anything else of the matter.
On crOss-examination the witness said
when Prof Howell caught the boy they
both fell together, Howell on top. AS
they went back to the Office Prof. How
ell had the boy in the collar. He was too
far away to see any bruises or scratches
on the boys face. Heard no cursing.
David Bagley, the next witness, testi-
fled that he took the note from Prof.
Howell to Mr.. Harris and that he deliv
cred it to Mr.. Harris daughter She
went down TO the school and asked Mr..
Howell not to strike Gordon. Then
Mr.. Harris came and cursed Mr. Howell
and hit him in the forehead. Nest Of the
school had just been dismissed when
This happened, and the last class had been
dismissed. but they hadn't all left the
\ he Snu ~ ~
ris hit Howell twice and kick him once,
after cursing him. He said two of the
lady teachers, and Mr.. Harris daugh-
ter were near when this happened.
On cross-examlnation the witness said
this happened about 2:30 O'Clock and that
most of the children were on the street
on their way home. He heard some OF
them say that Howell had dragged Har-
ris' boy The boy met Mr. Harris on the
street and came back with him.
Jas. Bryan saw the fight. When NJ
Harris daughter got to the school with
the note he saw the Harris boy Cor
don. throw a rock at Prof. Howell. Ihen
he saw Mr.. Harris come and hat Prof
Howell. While the fight was going on
the boys were yelling, "Hurrah, that's
j good lick. Hit i'm again. All the
classes in school had been discharged
when the row occurred-all except the
children kept in.
On cr0ss-eXamination the witness said
there was good deal Of excitement
over the matter for two or three DAYS.
Some took Harris part and some How
ellis. Heard many Of the boys, hiding be-
hind trees, yelling: "Whip him Mr.. Har
ris, kill him, kill him" He thought
two Of the lady teachers were near by.
he VIZ, not certain how near. He WIS
watching the pugilists and didn't pas
niucl attention to anything else
Here the prosecution rested It's caSn
and counsel for the defenc" retired fU'
consultation.
After the consultation the defendants
attorneys announced that they would in
troduce no testimony and would insist
on their prayer for suspension Of
judgment. They further expressed their
willingness to let the matter be left
with the court, without argument To