The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-16
pose if l tried / could draw such pic

pose if / tried / could draw such pic
ture."
Objection was raised to these ques'
tons ON the ground that they tended t(
arouse prejudice without being evidence
Bailey retired from the stand anC
Henry Bell was again put on the stand
Now, that you have had time to III
vestigate and refresh your memory cal
You tell the exact day when you ant
Bailey went to the cemetery and the
picture was made on the mQnument?'
Yes, it was Sunday evening, Febru
airy 9th"
This statement caused fiutter and {
little sensation i'll the court room. Mr.
Jones arose and addressing the court de-
clared that this was the third time the
prosecution had shifted and the thirt
date that had been named. 1t was a
first alleged to have been done on thu
nth, then it was changed to the 18th and
now they make another shift and make
1T the 9th. He thought the evidence
should be ruled out and the defendant
discharged; they had clearly refuted the
charge that Bailey was at the cemetery
on Monday, the 7th, and now they were
met with the declaration that it was an
other day. OF course we are not pre-
pared to meet this and the prosecution
should not be allowed to go along fixing
new days and trifiing with the question
in this way. He thought that this evi
dence should be ruled out and the de-
PENDANT discharged.
Judge Whitaker stated that he haG
other evidence to offer and preferred tC
get all the evidence before arguing tht
case BELL had never definitely settled
the day until now"
Bell was crOSs-eXamined and said tha
he stated at the former trial that it was
to the best Of his recollection two days
before the eth; couldn't remember
whether he stated that he was in Pace's
store, but remembered saying that they
were at PAGES store. 1t was a about
such a day as would admit of walking
about without an overcoat, perhaps 9
little cloudy. 1t was early in the after
noon when they started TO the cemetery
between Il and . o'clock. Remember
ed having bought some goods from Dug
HI and didn't pay for them, but did not
give him order for money or gas on the
Gas Company. Had bought "a crate CT
beer from T. II. Jones, carried it Ia
my home; might have given some of il
to a woman; might have given some OF
it to negro woman; spoke to Mr.. Mar
tin because thought he was the right
man to go to"
Mr.. A B. Forest was called:
When did you first see the obscene
picture on the monuments"
'On the morning of February 9TH; was
anxious that some of the cemetery Off
cials should see it. / first let it be known
to some parties on the same day found
it. Bell did ask me some questions, but
| declined to answer him. Picture look
ed like it had been recently drawn"
Mr.. Emery was called and stated that
he saw Bailey and Bell together Sun.
day afternoon, February 9th, at the rock
quarry, betweena3 and o'clock. They
were walking around looking at the
quarry.
w. G. Randall was asked as to gener-
al character of Lamar Bailey. He
thought his character bad. He had
some business transactions with him and
thought he had been lOoser to the value
of $500. He was at first indignant, but
had nothing against him now, and would
have preferred having nothing to do
with the case.
Mr. Harris, on the ground that mate
rial witness for the defense was absent,
asked for continuance of the case. They
expected TO be able to prove Bailey
whereabouts on the Sunday named
After some sparring between the attor-
neyS the case was continued until
Thursday afternoon at $50 o'clock.