The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-11-27
THE CRIMINAL COURT
JAMES WELLS TRIED FOR THE
MURDER OF PETER WADDELL
Able Counsel Saved His Neck and Got
Him off on a Plea OF Murder In the
Second Degree-He Was sentenced to
the P~enitentiary for a Term OF Fiji


teen Years-other Cases Disposed OF
Pursuant to adjournment for recess
on Thursday evening, the circuit crimi-
nal court of New Hanover county met
yesterday morning at $50 o'clock.
Judge Augustus NJ. Moore was on the
bench, and Solicitor Rodolf Duffy was
at his post.
The court took up the case against
James Wells, h young negro against
whom the grand jury found a true bill
for murder a few days ago. Wells was
brought from the Jail in handouts, and
was put on trial for his life. He was
defended by Marsden Bellamy, Esq,
and Herbert McClammy, Esq. The ac-
cused was arraigned for murder, but
submitted to a plea of murder in the
second degree. Solicitor Duffy agreed
to accept the plea, and after the wit
nesses We're examined, the judge in
Structed the jury to rende a verdict
for murder in the second degree. The
? following composed h jury: Joseph
Britt, William Simpson, George Yer
% y. Falls. Carl Mugge. Thee.
Swami, 3. r. Rue, Lewis Gordon, =. s.
Bender, Henry Getaway, B. ]. Bryan,
and Samuel Hardwick.
Judge Moore sentenced the prisoner
at the bar to a term Of fifteen years
at hard labor in the state p~enitentiary.
1t will BE remembered that at a negro
dance in a hall on Ninth and Bladen
streets on the night of October 22nd,
Wells shot and killed Peter Waddell,
colored, with a pistol. Solicitor Duffy
in accepting h prisoners plea of gull
ty Of murder in the second degree,
said he cd SO because there was an
element of doubt whether the state
could make out a case of murder in the
first degree and to accept the prisoners
plea would a the county the expense
of Summoning a SPECIAL venire from
which to obtain a jury.
I nthe cases in which submission
were entered for selling liquor on Sun
day, selling liquor to minors and sell
ing liquor without license, Judgment
was suspended on payment of the costs.
In the cases in which submissions
O assault with a deadly weapon n
judgment was suspended on payment
of the costs
In a case against Kelly Henry, color
ed, for failure to ppO his family,
the prayer for Judgment was continued.
The court ordered that Henry pay the
costs of the trial and provide his wife
with So per month, and appear at the
next term of this court to show to its
satisfaction that he has complied with
the order. If he fails to do So, then
the court will pass sentence on him.
Kate Bradley, colored, was convicted
of assault with a deadly weapon and
money from a man who visited a house
in which she was an innate, was ound
not guilty. She was defended by VIM.
J.. Bethany, Esq.
Jim Henry Armstrong, cOlOred. VINO
shot Rufus Herbert in the foot III
night a few weeks ago near the Will
mington cotton mills, was tried for as
sault and battery with a deadly Weap-
on. VIM. J. Bellamy, Esq, defended
him and a verdict of not guilty was
rendered. The same defendant Will
be tried for carrying a concealed Weap-
on.
George Cole. colored, charged with al
lowing his hogs to run at large, sub
mitted, and was required 10 pay the
costs and pay to William Crawford,
coIored, the sum of 81 for damage 10
his potato and turnip patches. Consid-
erabIe amusement was created in court
when Crawford testified to the facts
and was examined by Cole. Crawford
stated that he had been damaged sew
eral times By Coles hogs, but When ne
would complain to Cole about 1t, Cole
would tell HIM to prove that 1t was his
hogs that were doins the damage.
Crawford testified that he then set a
steel trap in his potato patch and
cousbt a hog which was identified as
Coles property.
George Hunt, a colored boy, PLEADED
guilty of assault and battery with d
deadly weapon, a brick, with Whlcn ne
struck another colored boy,and was SEM
home to be whipped by his father,
Tn h case asai-. Gwen Ounce;
coIored. charged with assault with a
deadly weapon, judgment was suspend
ed on of the costs.
William Reedy, colored, supnnt.eu
on a charge of assault with a deadly
weapon and judgment was SUSPENDED
on PAYMENT of the costs.
George Nash, colored, was trled To-
stealing a lap robe from the ). r. Cow
an Company's livery stable, the defeno-
ant beng represented by Herbert NC.
Clammy, Esq. The jury took the case a
5.30 %. m, but could not agree ana at
last was locked up in the court
house.
The court at $3.50 p. m took a recess
till $50 O'Clock this morning.
The court will finish up its business
today and Judge Moore will leave 10
morrow for Charlotte where he WALL pre-,
side at the term of h circuit crmlHal
court of M~ecklenburg which conVeres
ON