The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1898-02-10
AN INTERESTING TRIAL.
The FaIkner Case at Louisburg Court
Last Week.

The FaIkner Case at Louisburg Court
Last Week.
Considerable interest having been
manifested by Vance County people in
the Falkner case tried ut Louisburg
Court last week, We have made enqui-
ry, and learned the following:
John II. Falkner, Thos. n. Falkner
and c. q. Pierce, white, and June Aston,
colored, were tried upon an indictment
containing three counts: Burglary in
the first degree, entering otherwise than
burglarious, breaking with intent TO steal
and stealing gun.
Joseph Falkner and his son Joseph
both testified that their dwelling on Mr..
I. L. Hunts place in Franklin, some 1
miles below Dukes Store. was broken
open about midnight Of Sept. 18th.
1897, and that they were cruelty beaten
and their gun carried off, by the four de
PENDANTS above named. No serious or
permanent injury was inflicted.
The defendants all denied under oath
they committed the crime. They admit
ted being at Mr.. T. T. Hunts that night,
but claimed that they left there soon
after supper, before 8. p. m, and that
they, Except Pierce who lives near Dukes
Store in Franklin,) reached their home
near Ioung's Rock Mill within 3 miles of
Henderson before midnight.
Ned Falkner, Jim Young and Ham
Falkner also testified that they saw the
defendants at or near their home before
midnight Of the night in question.
Defendants further showed by the evil
dence of Messrs. ID. T. Fuller and Will
liam Breedlova, two near neghbors of
q
to the house of J. A. Falknpr where
Fuller and Breedlove were sitting up
with sick person, within few minutes
OF midnight; that prosecutors were in
undress and bleeding and badly beaten;
that the younger Falkner, about 90
years old, declared he knew who did it
and was cautioned by Fuller not to say
who unless he knew; that young Falkner
declared positively in his fathers hearing
that he could swear to of the party,
and that they were Lucius Edwards,
Vincent Farmer, Rial Jonikin and Bose
Thompson, and that he thought the 5th
one was Richard Edwards; that the
younger Falkner declared that his main
encounter was with Lucius Edwards
and his father declared it was Rial
Jonekin who took his gun from him.
that the younger Joe blamed his father
for opening the door and going ont. and
the father replied "some one called to
know the way to Peter Rowe's and that
he thought twas only one person and
that as soon as he got out OF doors the
attack was made"
Jno Bell testified that the older Falk-
ner prosecutor came to his fathers
house between midnight and day that
night to have his wounds dressed, and
on being asked who did it declared that
he had no idea
Dave Foster, /, cOlored tenant OF Mr.
Hunt, and 7. T. Hunt the landlord of
the prosecutors, both testified thatprose-
cutors came to Hunts house early next
morning and said it was Edwards, Joni
kin, Farmer and Thompson.
The prosecutors also testified that
there were tracks leading from Hunts to
their house and back mile Or more, but
there was no evidence showing by whom
the tracks were made.
1t also appeared that the younger Joe
Falkner had only 81 few days before the
beating been a government witness be-
fore United States Commissioner Brown
against one Abbott for running "ma-
liciOus stll' as he called it, and that Alb
bolt had been put in Jail and that Ed
wards, Farmer, Jonikin and Thompson
were friends of said Abbott.
Prosecutors went to Louisburg next
day and swOre out a warrant charging
John H and Thos. N. Falkner and Geo.
Cox with the crime-they admitted on
the trial they knew Pierce that night
and had known him for years. The pre-
liminary trial was had on Tuesday, Sep
TENDER 23rd, before J. E. T. Ayscue, a
Justice of that neighborhood. He dis
charged defendants. June Aston and
c. IL. Pierce were witnesses for defend
ants before the Justice Of the Peace.
At the next term of Franklin court the
indictment tried last week was found.
The defendants all voluntarily went to
court without being arrested to be tried
for their lives. The trial lasted from
Thursday, January 2Sth, to Tuesday,
February 2nd. Messrs. NJ. c. Cooke Il
Son, b. B. Massenburg and W. NJ. Per-
son prosecuted the case with Solicitor
Bernard. Messrs. Spruill & Ruffin and
T. T. Hicks represented the defendants.
The jury after being out eighteen hours
rendered verdict OF burglary in the sec
Ond degree
The Judge informed them that the
State had just before the case was given
to the jury abandoned the charge of
burglary in the first degree, that there
was no evidence or Indictment for burg
larry in the End degree, and that the jury
must return one of three verdicts: En-
tering otherwise than by burglarious break
ing NTH intent to steal, or larceny, or not
guilty.
The jury then retired again and shortly
after rendered verdict OF guilty of en-
tering otherwise than burglariously,
but did not find that the entering was
done with the intent to commit felony,
stealing as charged, by reason whereof
the verdict being insensible and incom-
plete the Judge set it aside and ordered
a new trial on Wednesday of the next
term of the Court; and the defendants
were discharged on giving bonds for
their appearance at that time.
Treated the Wrong Disease.
Many times women call on their family
physicians suffering, as they imagine one
from dyspepsia. another from heart
dicooSo from livor mr. l,;J,o~