The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-11-29

miles west of Southport. In ShallOtte
Mrs. NJ. A. Cheers, a widow, inhabited
alone a small house situated in a
remote locality of the village, the near
est neighbor a half mile away. 1t was
2 o'clock in the morning when Mrs.
Cheers, who had retired, heard a Wig
OrOuS knock at the house door. She
inquired who it was, and a mans voice
demanded admission. This order, of
course, was refused, and several times
more the voice told her to open the
door. Each time she answered in the
negative, and then the outsider threat
ened to break the door down, which
threat was carried into effect a few
minutes later. The door was smashed
in and John Brooks entered. The Oc-
cupant of the house at nee attacked
him, but he was too powerful an ad-
verSary. He brutally beat her, ac-
complished his calamitous purpose and
then departed.
Mrs. Cheers Immediately fled to the
home Of Constable A. S. White, a mile
off. She related the story of the out
rage, and he and a youth repaired to
the scene of the horrible crime to in
vestigate. Upon entering the house
they observed the battered dOWn door,
and disOrderly and broken condition
of the furniture in the interior gave
abundant signs of the recent scuffie.
The ground outside the dwelling was
IieAl Cd1clully loohcu oNc1y dllu L
foot tracks, all of the same size, were
discovered. Alongside of the fence was
one solitary track of a shoe. This
showed nearly c~OnclusiVely that the
villain had taken off his shoes before
approaching the house. Constable
White accurately measured the track,
iOtted the figures down, and then went
in search of the miscreant.
He found Brooks at his mothers
house i half mile away. He was made
to make a barefoot track in the soft
sand, and the measurement exactly
conceded with that of the tracks at
Mrs. Cheers. His shoes were demand
ed, and, after considerable argument,
he reluctantly ave them up. They
were also measured, and came within
a fraction of an inch with correspond
ing with the lone shoe track also at
the house Of the widow.
Constable White did not arrest
Brooks at the time, but went to secure
a warrant for his arrest. In the mean
time Brooks, in obedience to advice
given him by his mother and friends,
attempted to escape. He took to the
woods, but was captured the very next
day by Constable White and a posse.
After a preliminary trial in Shallotte
township. the locality where the deed
was perpetrated, the scOundrel was
bound over TO the superior court of
Brunswick. county and imprisoned in
the Jail at Southport. Upon learning Of
the crime the governor ordered a Spe-
citl term Of court for some time il
June. but he afterwards revoked the
order upon aScertaInlnr that the VIC
tim was a woman of questionable
character.
The next term of the superior court,
after the crime, convened last month
and the 18th instant Brooks was plac-
ed on trial for his life. Judge w. P.
Bynum, of Greensboro. presided. while
the duties of the solicitor, H. F. Sea-
we'll, Esq, of Carthage, who was alb
sent, were attended to by z. V. Taylor,
Esq. of Greensboro.
When the ease of Brooks Was called
his counsel. w. E. Henderson, the col
ored lawyer banished from this city
during the recent conflict. motioned
for a continuance, stating hat he de-
sired to obtain material witnesses for
the defence. After due inquiry, his
honor found out that the witnesses
were not important, besides counsel
had been granted ample time to have
them summoned. SO he ordered the
trial to proceed. Acting Solicitor Tay-
Tor was compelled to leave, so the case
for the state was conducted by Z. K.
Bryan. Esq. of this city.
All the evidence mentioned was in
troduced, while the defence mad no
effort to contradict it. being content
with Brooks denial of the deed. The
case was given to the jury early in
the night, but it took until the fol-
lowing morning before an agreement
was reached. A verdict of guilty was
rendered, and the sentence of death
prescribed by law at once pronounced
The jury consisted OF ten white men
and two colored. as follows:
f. W. Taylor. w. B. Williams. NiXor
Getaway. c. w. Stocks, John A. Russ
s. F. Holden. A. d. Smith, J. F. som
ersett, Sam DaHford, E. H. Cranmer
H. c.. Bell. Sr.. and S. S. Burney.
The last two noted were the colorec
jurors. The special venire numbered
fifty, but it was not exhausted before
a selection was made.