The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-15
THE CRIMINAL JOUR
Third Day Of the Fall Term-Henry John.
son to be Tried for His Life Today


son to be Tried for His Life Today
Pursuant to adjournment for recess
or Tuesday evening. the Circuit Grim
inal court of New Hanover county met
yesterday at 10 a M, Judge Sutton pre-
siding.
cases as follows:
State VS.. r. W. White, tresspass. de-
PENDANT submitted Inc Judgment was
suspended on payment Of the cost.
State VS.. r. w. White. assault and
battery, judgment suspended on pay
ment of costs.
State VS.. Byrd Wilson. false pretence,
verdic. not guilty.
State VS.. John Williams and Spurvy
Cumber ARRAY, verdict guilty. Judg-
ment suspended on payment o. the
costs.
Judge Sutton instructed the clerk to
refer back TO the case of the State
against Charles Hunter, colored, who
was acquitted of the charge of assault
and battery with a deadly weapon, and
and ordered that the prosecuting wit
ness, Amelia Jane Wright, colored. be
taxed with the costs of the action, as
it appeared that the prosecution was
frivlous and malicious. Judge Sutton
informed the woman that if she could
pay half the costs she would be recog-
nized for the balance, or she could give
bond and the case would be called up
later in the term. She asked TO be al
lowed to go out 10 see some of her
friends, and asked one of the witnesses
to take a message for her. He refused
and the Judge ordered that he be allow
ed no witness ticket as a consequence
Of his discourtesy. He ordered the
woman to be held in custody and re-
marked that persons who bring friv-
olous cases shall not put the tax of the
suit on h people but must pay it
themselves.
Jno. D. Bellamy, Esq, subsequently
came in and said he had been asked by
the woman's friends tie represent her.
He submitted to the court that the wo-
man ought not and cannot be made
to pay the costs. She did not take out
the warrant for Hunter and was not the
prosecutrix. Her sister took out the
warrant and not she.
Judge Sutton replied that at he pre-
to the testimony of Justice Geo. w.
Price, the examining justice, that Hun
ter shot at her and upon her testimony
he was bound over to this court, that
when put upon the stand in this court
she swore that Hunter did not shoot at
her and upon her testimony he was
acquitted.
Mr.. Bellamy said if nat were the
case she could be, prosecuted for per-
jury but he insisted that she was not
the prosecutrix and could not be held
for the costs.
Judge Sutton said he would make her
a party prosecutrix, and Mr.. Bellamy
said he would like to appeal to the
supreme court from his honor's ruling,
but he had not consulted his client.
He was informed that that was his
privilege that he could make up
his case on appeal. The judge ordered
that the woman be held.
The jury in the case of A. L. Clark,
charged with cutting Frank Miller,
mate of the schooner VIM. M. Bird,
which staid out all night. came into
court and reported that they had fail
ed to agree. The jury stood eleven for
acquittal and one for conviction. A
Juror was Withdrawn and a mistrial
ordered.
State VS.. Henry Taylor, assault and
battery with a deadly weapon, defend
ant submitted and judgment vas sus-
pended On payment Of the costs.
State VS.. Jim Simmons, assault and
battery with a deadly weapon defend
ant submitted and was sentenced to
sixty days imprisonment in the county
house of correction.
State VS.. George Cordovas, larceny,
verdict not guilty.
State VS.. Charles Russell, larceny,
verdict not guilty.
State VS.. Charles Cause, assault and
battery with a deadly weapon, defend
ant submitted and judgment was JUS
pended on payment of the costs.
State VS.. May Patrick, SANDER, mol
pressed.
State vs.. Luther McNair, assault and
battery with a dealy weapon verdict
not guilty.
State VS.. Book Kelly, larceny, defend
ant submitted and was sentenced to
ten months in the state ~penitentiary.
State vs. Joe Bolton, assault and
battery with a deadly weapon, verdict
not guilty.