The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-16
My Dull.Day
Column.

Here is another fragrant instance in
which the court turned loos. a mir
derer upon technicalty. 1t is the re-
cent case of State VS.. Gadberry, from
Yadkin county. No doubt Judge CIarl,
had this case, with other cases, in
mind. when he made the remarks III
the case of State VS.. Rhyme, printed III
Sundays paper.
In State VS.. Gadberry, as in the
Rhyme case, the opinion is written ny
Judge Furches, Judge Clark and
Montgomery dissenting.
Judge Brown, who tried the case be
low, was adjudged guilty of error in
sustaining a verdict of murder in the
first degree upon the following uncon.
tradicted facts. which are taken from
the report of the case:
'Now, what is the undisputed an,i
uncontradicted state of acts which .ht
jury have passed upon by their yer
dict, and found to be the truth? Sue
cinctly stated, it is this: The de-
ceased, according to her mother
about 10 to ~ years old, and accord
ing to the physician. apparently a.
being well developed was sister tc
the prisoners wife, and had been liv-
ing with them in Virginia. For some
reason she returned home to her par
ents about last Christmas. and in Feb.
rIary last the prisoner appeared at
their house, and spent Sunday night
He wished the little girl to fondle his
head, and on her refusal struck at her
with a razor, and swore he would kill
her. He was armed with pistol
razor and knife, and, firing off his pis-
toll, swore that the girl should go back
to Virginia with him, or he would Kill
her. On Monday the prisoner stated
to the girls brother, in the woods
that he intended to make Tessie (tht
deceased), go off with him or it would
go hard with her. On Tuesday the
prisoner came back with his pistol
and asked if the girl had returned
When she came up she attempted tC
run, and the prisoner followed her
grabbed her by the arm, and pushed
her at arms length in front of him
pulling out his pistol, and trying tc
carry her off. She appealed to her
mother, weeping and beseeching hel
not to let the prisoner carry her off
The mother called the child's father
to assist her in preventing the abduc.
ton. The father came from the field
to rescue his child, armed with some
rocks. The prisoner advanced on him
with his drawn pistol, and the father
took shelter behind house. The
prisoner thereupon again grabbed
Tessie, and in spite of her crying and
begging her father, mother and
brother to save her, pushed her along
the road in front of him. The mother
then commenced shrieking for a
neighbor to come to her help, and the
prisoner thereupon put his pistol tC
the child's back, fired, and ran off in
to the woods. She died therefrom two
days later. The prisoner was no,
drinking"
Aside from the previous threats
shown in the present case, the prison
er placed his pistol at the back of 9
defenceless girl, who was offering nc
resistance, save her cries for help
There was nothing to show that ht
acted thus to defend himself from her
nor as in the heat of contest with
an opponent under circumstances
which could mitigate the offence t
manslaughter or murder in the secont
degree. He placed his pistol at hei
back, blew a hole in her, and ran Of
into the woods. This is not the pre-
sumption arising from The use Of 6
deadly weapon, but here the naked
facts themselves, unless aided to. ere
susceptible of no other Interpretation
when found to be true than that tn.
killing was "wilful and deliberate,
and hence murder in the first degree
L; the jury found these facts 10 be
true Gas they did, they would no.
have been warranted in JUST e in find
ing the prisoner guilty Of murder in
the second degree or of manslahghter
AS they could not justly have done so
his honor committed no error in moi
submitting those phases to them. and
in telling them that if this state OF
facts was, beyond reasonable doub.
the truth of the occurrence, it consti.
tuted murder in the first degree.
1t IS an interesting fact connected
with the case that Gadberry escapes
from Jail before his second trial a I'D
has never been heard of since
His attorney was A. +. Holtoo