The Caucasian. (Clinton, N.C.) 188?-1913, 1900-12-13

The famous libel cut from 1amp-
son oountv. In which George e. Bu'.
Ter, John E Fowler, Cicero q John.
son AID fourteen other prom inent
Popuii-t. were indicted for libel on
John D. Kerr, n. B. Chestnut and
other prominent Democrats, came
up for trial here in the Superior
Court Thursday. There were able
counsel on both sides OF the case
Messrs. John E Woodland, W. r
Allen and Solicitor Duffy for the
Htate, and Messrs Stevens, Besslev
& Weeks, capt. G. NJ. Cooke and F.
K. cooper, E-q for the defense. A
large number of witnesses from
Sampson county and elsewhere
W re In attendance, and, on account
OF the character OF the case and tho
Prominence of the parties, there
was much interest manifested In
the outcome Of the case. The pros
ecution, altar calling their witness
es, announced that they were not
ready for trial on account Of the ab
sence Of q material witness, and
asked for a continuance The most
interesting phaze OF the case was
here develop. d. The defense stated
that theywere ready and anxious for
atrial, and claimed that the absent
witness for whom the prosecution
asked for q contin uance aas ono ] d.
c. Peterson, q student at Wake For.
est College, who had not been sub.
poenaed until last Sunday, the day
before the court convened. But
one Of the prosecutors having made
aff1davIts as to the matter they
could show by this witness, and II
appearing material and necessary
for the prosecution. the judge gran
ted the motion for continuance.
The defendants insisted upon an
immediate trial, upon the grounds
that the prosecution had not used
due diligence to procure the atten.
dance of one hundred and twenty
five witnesses from the county
Of Sampson, by whom they insisted
they were Prepared TO prove the
truth OF the charges contained In
the alleged libelous article, and
that it would be q great hardship
upon the tax. payers Of Duplin
county, who had no interest in the
prosecution. as we'll as upon the de-.
PENDANTS and their with sses.
The DEFENDANTS counsel further
insisted that If the case should be
cont nued 1T be removed to Samp-
son county, where all the prosecu-
tors, defendants and witnesses re-
side.
The defendants, failing to get the
case tried at this term of court or
to get it reno. ed to Sampson coun
ty, moved to quash the bill Of in.
dictmebt for defects in the bill and
for some Irregularities in the grand
jury. Upon Investigation of these
matters the motion to quash The
bill was sustaint d by his honor
JUICE Moore and the bills Of In.
dictment in both cases against the
defendants were Quashed, and
judgment was entered discharging
the defendants.
The aboye report of this case ex-
capt the head lines was clipped from
Sundays Raleigh Post, and is q fair
report of the trial. A fuller report
of the casa would probably show
Why the prosecution at the prelimi-
nary trial at Warsaw withdrew from
the case and put the members Of the
canvasslng board alone as tie prose-
cutor's. The public would no doubt
like to know that and secondly, Why
the case was asked to be continued
tor Mr.. J. C. Peterson was not sub
poened until Sunday, the day before
the trial came up, and fourthly, Why
the bills of Indictment found at K =
Evansville did not embrace tho same
matter charged in the warrant upon
which the defendants were bound
over at Warsaw. These and many
other matters which the public would
like to know would no doubt como
ont in q fuller report, but the above
enquiries are very hard to ans~er,
ana We presume that the Post re-
porter could not obtain the informa-
ton.