The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-03-03
VS. BELLAMv

1hr Taking of dispositions Terminated
Abruptly Yesterday AfternOOn-TWO
CelOred Witnesses Exemfned-Ihey
ableness of the EIection-The Assis-
tant District Attorney Accused of
Seeking Information TO Prosecute
| Trouble
Pursuant to adjournment on Tuesday
evening the notary's court taking dep
ositions in the case of Colonel oliver
II. Dockery, who is contesting the seat
of Congressman-elect John D. Bellamy,
in the next congress, met yesterday
morning at 10 o'clock. Two colored
witnesses were examined and as will
be observed. the result vas all that
Mr.. Bellamy could hope for.
John D. Franklin, colored, was GALL
ed to the witness stand, as a witness
for Colonel Dockery.
Examined by Mr.. Spears, he testi-
fed hat he was aged 26 years, and
that he keeps a restaurant at Ill North
Water street. Has lived in Wilmington
all his life. .
Mr.. Spears asked the witness the
following questions:
Where were you on the Sth, 9th, 10th
and 18th of November, 1898?
The counse for the contestee object
ed to so much of that question as to
the Whereabouts of the witness on the
9th, 10th n 18th days of November
upon the ground that no matter where
he might have been on those three days
after the election, it could in no wise
effect or concern the result Of the cleo
ton. ~
Notary Wallace overruled the OBJ
lection and Notary Howell sustained
the objection.
Witness then answered: Here in the
city of Wilmington.
Did you see or not see the mob and
riot that occurred in the city of Will
mington on the 10th day Of November,
1898? o
Counsel for the contestee objected to
the question on the ground that it is
irrelevant and incompetent for the rea-
son that nothing that occurred after
November Sth could affect the result
of the election.
Notary Wallace overrruled the objec-
ton and Notary Howell sustained it.
Witness answered.: I saw the armed
crowd gathered in front of the ar
mory I saw men patrolling the blocks,
and I saw the military and some 9TH
er armed men going towards Manhat-
tan park.
Did you see any bodies Of any dead
persons that were killed in the city Of
Wilmington on the 10th day of No
vember, 1898. and if so, where were
they observed by you and what were
you doing al the time that you observ-
ed these dead bodies, and if any, were
they white or black people?
The same objection as above was
made by. Mr.. Bellamy's counsel and
the same ruling was made.
Answer: I did. The first four I OBJ
served in the undertaking establish
ment of D. A. Evans. The next n
was at the home of the dead person on
Sixth, between Brunswick and Bla-
den streets. The next n was at the
city hospital, and the next one (anoth-
err was at h city hospital. l was
associated with the coroner in keeping
a record of the witnesses he summoned
for the investigation, as kin Of a Sec
rotary. They (the dead mem were
black, that is they were colored.
State how many bodies in all you OBJ
served on the occasion mentioned, who
were killed in the rio a occurred
on the 10th day of November 1898, and
what the character of the Wounds if
any from which they died?
counsel Tor the cOnteStee OBJECTED TO
so much of that question as asked the
witness how many dead bodies in all he
observed on the occasion mentioned
were killed in the riot hat occurred
on the 10th day Of November upon the
ground that it assume hat these men
were killed on that day in a riot when
there is no evidence whatever to pur-
port as to whether they were killed,
how they were killed and in what man.
ner they met their death, and they OBJ
jected to the entire question o the
same ground upon which they object
ed to the last question above.
Notary Wallace sustained that por-
ton of the objection which applied TO
the first part Of the objection and ex-
cluded it, but overruled that portion
of the objection applying to the latter
part of the question. Notary Howell
sustained all the objections to the
question.
Mr.. Spears seemed to be very much
annoyed and impatient at the frequent
objections of Mr.. Bellamy's attorneys.
He announced that he proposed TO file
a protest before the examination was
concluded concerning the manner in
which the examination was being con-
Quoted.
Mr.. Davis, Of counsel for Mr.. Bella