The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-04-01

lives about two hundred yaruS AtVn'
tho scene of the homicide, said unat
ahont 10 o'clock he heard the report Vi
a gun and then heard someDouy yellins.
He went toward the home OF Nehaie!
and saw Robert crying, Askeu VIZ" I.al
was the matter, Robert said .n"l ~" a.
pookar had been there and SHOT MS
,oV 81 then went to the house and
49,. +ho deceased leaning against the
house with her head shot nearly oil. /
4aal, down fine doubled arrelled gun
f"on, inc rack over the door, and saw
49, q had not been fired | went back
,,;tb Mr.. Horton. don't know what had
become of Jim Booker as | did not see
him at all. | did not go TO see'if there
,vcrc any traces in the direction OF
Rooker's escape.
G. NJ. Waltcrs-"I was a deputy sher-
| if of Wake county when this homicide
took place ! went to the place as soon
as | heard, by telephone, Of the occur
cnce. got there about II o'clock ana
| saw deceased leaning against the house,
| with the top of her head blown off. the
| brains were scattered on the ground ana
| ON the edge of Il barrel. Some of the sku !
| homes were blown out on the ground.
saw no signs of a scuffle."
Capt. II. III. Brooks. the officer VINO
went to Baltimore and brought Booker
! back, told Of partial confession mace
| to him ny the defendant. hut on request
| Of the State this evidence was stricken
out
At this point recess was taken for
! dinner.
When. at o'clock. the court convened
| again Mr.. Blake was recalled and tes-
tilted that he examined the person OF
| the dead woman and found no evidences
Of shot. On cross-examnation, how
ever. he said ii looked like the whole
load went into the head.
Robert Horton. the second witness for
the defense. described the position aud
| condition of the dead woman's body. He
was among the first persons TO get TO
the house. He said Penny White. the
mother Of the dead woman, stated that
the first she knew of the trouble jim
Booker was coming out Of the house
with the gun and Mehaley cried out:
that she penny rushed up and caught
hold OF the gum and begged Jim not to
shoot her daughter: that she heard the
gun fire and looking at Mehaley she saw
she was dead.
The prosecution now recalled Mr..
Walters who said he heard Penny
White make no such statement rs that
alleged by Horton. He said the body
was seven feet from the door-block and
against the barrel spoken of.
Rufus Powell said he was there with
Walters and Horton and he never heard
Penny White say she caught hold of the
gun.
Penny White recalled. also denied that
she ever told Horton or anyone else that
she caught hold of the gun and tried
10 keep Jim Booker from shooting her
daughter.
This closed the evidence. The argu-
ment was opened by Mr.. Sam T. Honey
cutt. of Smithiield, who assisted the so
licitor in the prosecution. He argued
that the killing was n cold-blooded, pre-
meditated and deliberate murder.
IF the shooting of Mehalcy White by
Jim Booker is not murder, there can he
no murder. Ii fits in every particular
| the definition laid down by the law
| books for murder in the first degree. 1t
vile the wilful deliberate butchery of
| defenseless girl by n jealous man: and
| for what reason--to take revenge for nm
unreciprocated passion 1t is the plain
est and strongest murder case I've ever
| known"
| This was Mr.. Honeycutt's maiden
speech. and it was good one.
| For the defence Mr.. J. G. j.. Harris
| spoke first opening his speech with
an argument against capital punishment,
| declaring that there is no authority for
| It in the Bible and pointing out that
| several States have abolished it. lie
| read the statute dividing the crime Of
| murder into two degrees. and contended
| that now. before a man can he found
| guilty of murder in the first degree, ma
! lice and generalization on the part of the
SLAYER must he proved. There is in the
| testimony. Mr.. Harris said, nothing TO
show design, malice or generalization.
Mr.. Harris argued that there was no
shot in the gun: that no shot were ever
| found. either in the wound or in the side
| OF the house; that If there had been
| shot in the gun they would, at such
| short range, have gone through the head
and buried themselves in the house Tie
| argued that there was only a powder
| load in the gun and the woman was
| killed by the explosion.
Mr.. Harris was followed by Mr.. Ryan,
| He began by pointing out TO the jury
| the weakness Of man and especially of
| the colored man.
"'GOd when he created man gave him
the power to do right. and to do wrong.
but the negro is generally more inclined
to do wrong"
| He contended that fhe States chief
witness, the mother OF the deceased, had
! exaggerated her testimony, not with any
| evil intent. but on account of her love
| for her daughter.
/ "Tnis defendant did not intend 10
murder this woman. if so why did he not
murder her in a more cruel way? Why
did he not poison her so that she might
die in terrible agony if he had intended
to commit cruel. premeditafed murder?
Can this crime be compared with those
committed by the prisoner? Was there
| anything in the testimony TO show that
he had any malice of this nature? and
if he had not, this is not murder in the
first degree. There is not any evidence
to show that the deceased woman had
done anything to caUse him TO kill her.
1t was not for love or jealousy for there
is no evidence to show that he had any
reason to be jealous. The world Is full
of Mchaley Whites and Jim Bookers.