The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-18
BAILEY bound OVER
For Defacing the Confederate
Monument.
HIS BOND FIXED AT 500
TO BE TRIED AT THE NEXT
TERM OF COURT.
He FAILED 70 ESTABLISH AN ALIBl
Both Sides Were Ably Represented by Counse
and the Examination of the Witnesses
Was Very Thorough and
Searching.
He FAILED 70 ESTABLISH AN ALIBl

picture on the Confederate monument III
lakewood Cemetery, Mayor Russ yester-
day afternoon bound him over to court
in Il bond of 500
The trial yesterday consumed nearly
three hours, and the court room was
filled with people anxious to hear the
evidence in the case.
Mrs. Bailey, mother of the defendant,
was the first witness. She said her son
was ut home until between and
o'clock Sunday. Feb 9th. About )
o'clock she went to the cemetery, where
She remained an hour and Il half. The
Confederate monument was about nifty
wards away and she could have seen
any one engaged in defacing the monu-
ment. She did not see Pete again until
& o'clock at home.
j. w. Bailey, brother of the defendant.
testified that Pete was at home during
the morning. He ii. w. Bailey went TO
the cemetery about 4:30 o'clock. tie
stayed there until $50 He saw some
ladies there hut did not remember seeing
any men. AS he left he talked with
Mr. II. w. Blake. He does not think his
brother was there ut the time.
Ernest Bashford swore that he met
Pete Bailey on the afternoon of Febru
AIRY 9th on Johnston street about )
O'Clock, near Turner's store. They went
together to the Johnston Street sta
tion, thence to Pilot cotton mills. up
through Mordecai's field TO Brooksde
Park. Coming back about dark he left
Bailey at corner of Polk and Person
streets.
\. Il. Forest said he was in lakewood
cemetery about 3 o'clock, near the Com
federate monument. He remained there
about half an hour. He saw some young
men he did not know them, in the Con-
federate cemetery. He did not see Bailey
among them. From the appearance of
the picture on the monument. Mr.. For
rest thought it must have been there
only a short while. 1t was not blurred
or washed by rain.
George Glenn said he saw Bailey back
of Turner and Wynne's store, with
Ernest Bashford about 800 o'clock.
Judge Whitaker-"You are pretty init
mate with Bailey, aren't you?"
Glenn-"No, I'm not intimate with
him. I'm just friend to everybody"
Pete Bailey put on the stand said he
slept until near i o'clock and left home
just about 3, then went to the depot to
get some cigars, went down the railroad
toward Pilot mills with Ernest Bash
ford, crossing the AEordecai place they
went to Brooksde Park and spent the
afternoon there.
Judge Whitaker-"Did you get your ci-
garcttesE
Bailey-'I did,
Whitaker Stand aside"
Harris-"We'll rest here"
Haywood Bell, brother of Henry Bell
said he saw Pete Bailey and Henry
Bell together on the Sunday evening of
February 9th, at the rock quarry. He
went to the quarry with Mr.. Emory, of
the firm of Pool and Emory. He and
Emory We're in the rock quarry and
Bailey and his brother came down and
explained to them how the steam drills
worked.
Sam Iumley, who works at Barbee
and Pope's, also saw Bailey and Bell
on February 9th, ut the corner of Har-
gett and East streets. He smoke to
Bel. This was between ; and 6 O'Clock
The young men seemed to be on their
way home.
Harris-''Are you positive that this
was on the 6th!'
Lumley-'I am"
Judge Whitaker-'4That's our case"
This closed the testimony and Judge
Whitaker, representing the State and
having the opening and concluding
speech, addressed the court:
May it please your honor, I've heard
great deal since Eve been in this court
about the high family of the Baileys
| want to say | agree in part with these
remarks. I'm sorry for this boys
family His father was man of high
character and this mother is a good wo-
man. But every tub must stand on its
own bottom
he Bailey who is now on trial is |
not a man of good character. He says
tllat at several times he has tramDed |
ana that he was actually charged with |
Wfecking a train. No matter what the |
reputation OF the Bailey family may be, |
the character of this man is bad very
bad.
propose to try this case according 70
the evidence. My clients don't want this |
man found guilty unless he is guilty. II |
he is-the evidence shows a probability |
Of guilt-he ought to be bound over to |
court and treated like any other man. |
is he guilty? Let's see."
Here Judge Whitaker traced the evil |
dcnce of Henry Bell and the other wit |
nesses against Bailey. Then he re-
viewed the testimony brought out in |
Baileys behalf.
II want to say that if the Memorial
Association thought Mr.. Bailey inno-
cent, after hearing this testimony, /, |
rs their attorney, would ask your honor
to release him. But the evidence is so
strong that / must ask that it he done
The 0ffense is very grave one-this
dissertation of Confederate monument
and ridculing the whole business by