The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-25
BUFFERS SCHEME
DOES NOT WORK
The Rose Hill Prosecution
Falls Through.
WILLIAMS WAS RELEASED
Little Claudio Bernard Prosecuted, but
Couldn't Do the Work.
THE PROSECUTION A PUT UP JOB
The Witness Swore He Didl't Know He Wa
Starting the Prosecution When He Signed
the Affidavit, and That He Was
Sorry He Did So.

Especial to the News and Observer
Goldsboro, N. c., July 24.-The Wells
case was called before Mallard, Populist
justice of the peace at twelve O'Clock
today, and in consequence of report
that Democrats would not be allowed to
attend the trial nearly one hundred red
shirts were present. They were orderly
but determined.
Col. Hinsdale for defendant, moved to
dismiss the case for want of jurisdiction,
insisting that section 500 of U. S. Re
vised Statutes upon which the prosecu-
tion was based had no application to-
the 18th amendment.
Claude Bernard, for the United States,
opposed. The motion was promptly over
ruled. Bernard then moved for a con-
tinuance, which was refused. He intro
duced the prosecutor, Berry Wells, col
ored, who testified that he had applied for
registration and stated that he was just
twenty-one. The registrar being in doubt
about his age required further testimony
which Wells promised to furnish, but
never did. He testified that he did not
know what he was swearing to when he
made the affidavit upon which the war
rant was issued. That ]. H. RUSSELL
and D. H. Murphey two rabid Popu-
lists" had given him a blank for him
to fill up before justice of the peace
to be sent to Butler, and which they
said would count one vote; that he had
no idea or intention of instituting pros
ecution against the register, and was
sorry he had done it: that the affidavit
was not read or explained to him. that
he knew nothing about the other persons
named in the affidavit being refused reg
istration, and did not know their names
were included.
Col. Hinsdale moved to strike out these
names and confne the investigation to
the Wells case. This motion was re-
fused
The other witnesses, Archie Graham,
Rufus Robinson and Charles Savage then
testified to the same effect as Wells,
as to application for registration and
demand for further testimony except
Savage who said he gave his age first
at 4S and then at so, but at the instance
OF friend concluded he would wait till
he got his age right.
Williams, the registrar testified that
he had doubt about the ages of the par
ties and required further testimony under
the election law.
Mr.. Carr, of Wilmington, made an able
argument for the defendant He was
followed by Bernard for the United
States, and Col Hinsdale closed for the
defendant. The justice proposed as a
compromise that he should bind Williams
over in a bond of SO dollars. Col. Hins-
dale rejected the offer and insisted on
an acquittal The defendant was acquit-
ted amid great applause.
Thus terminates one of the most dis
graceful prosecutions ever instituted in
North Carolina. Duplin is good for $50
majority.
The arrest and trial of Mr.. Williams
was one of the most abominable and high
handed pieces of political deviltry that
was ever perpetrated in any country
The action of Butler in procuring it has
already been stigmatized by the good
people of the State.
The warrant was sworn out last Sat
urday night by young negro named
Arthur Graham, from "Kenans Quar-
ter" and the names of four other sleek
negroes appear on the back Of the war
rant as prosecuting witnesses. Butler
came to Duplin Saturday, bringing a
United States marchal with him from
Raleigh. The warrant was sworn out be-
fore a Fusion United States Commission
er of Rose HILL named John Malard, APP
pointed only last week, evidently for the
damnable purposes in which he is already
engaged Upon his arrest Mr.. Williams
promptly gave bond for the preliminary
investigation at 10 a. m. yesterday.
Chairman Simmons was communicated
with and the negro who swore out the
warrant was promptly indicted according
to instruction. Mr.. Simmons telegraph
ed that he would send counsel to defend
the prosecuted registrar.