The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-12

49, $50 -@--A% SAA& NOA1S - ~ "a
The judge admitted the gu stion- Tay-
loF answered IL yes, and quoted Bella
my's word and the judge words There
was aaaTp display Of feeling by Bella
my, Busbe ard Argo towards Bernard
and q Hve.y scSne was imminent Ber-
nard said he could not stop Poaitz from
answering the question.
r. W. Hicks. said ne was in court
when Politz confessed at Wilmington
and heard the remarks by the Bella
my's and Judge Purnel- Did rot hear
PoGftz say that he would have con-
fessed long before bus that his attor-
neys had advised him not to do 50
Walker Taylor said he did not hear
this Bernard had asked both Of them
If they had heard the latter statement
by Politz.
j. w. Duls said he did not know
as 10 PolitZ genera that
at the Wilmington trial he had tesu-
fed it was good as far as he knew
then.
PROVING PERRY'S CHARACTER
A. B. Andrews was asked if ne knew
the general character and reputation
of B. F. Perry. said he had known
him ten years: character was good in
his community as far as he knew.
Never heard his character discussed
James Bishop introduced as expert
in use of antimony testified II is not
used in silver plating. Bernard sought
to have him as expert teM the process
of silver plating. The judge said this
had notning to do with the case. Bsh-
op was dhen withdrawn by government.
Bernard said there were two charac-
ter witnesses for the government re
manning, Williams and Mullen, and
also character witnesses az to Perry's
character.
ARRANGING FOR ARGUMENT.
The Judge asked how long counsel
desired to argue the case, that this
court never consents TO indefinite ar
gument and that if the counsel cannot
agree the judge would fix the time.
He added that counsel must in this
court address themselves 10 legal argu-
ment before the jury. The case he said,
is almost altogether a question of fact.
Busbee asked for -four hours for de-
fense, saying he did not care TO speak;
that the case was long, with a cloud OF
witnesses and bristling with evidence
and he wanted to show the jury mercy.
The judge aid the time would be
equally divided and Thought three
hours to each side enough. Busbee said
this was satisfactory.
Court meets at $50 tomorrow morn
ing.
In the Hands of the Jury.
There is considerable danger Of a mis-
trial in the Marshall case the hearing
of which has been in progress in Rail
eigh for the past several days, the case
having been given to the jury at els
o'clock last night and at 2:3O O'Clock
the Messengers special correspondent
telegraphed that the jury had not
agreed. Beds We're provided in the
court room for them at 10 O'Clock and
the jurymen proceeded TO make them
selves comfortable.
ABLE ARGUMENT BY DEFEND
ANTS COUNSEL.
Regarding tine proceedings OF the
court concluding the hearing, argu-
ment, etc, our correspondent tele-
graphed the following report:
Today was the last of the notable
Marshall trial and was devoted to ar
gument of counsel. Oscar Spears, as
sistant district attorney, opened for
the government, and was followed by
Iredell Meares, G. M. Busbee, T. NJ.
Argo and Marsden Bethany for Mar
shall, district attorney Bernard closing
for the government.
The speeches in the Marshall case
were devoted almoSt entirely to at
tacks upon the character of witnesses.
Assistant District Attorney Spears de-
clared that the testimony of PolitZ and
Darkiey was straight and sale that
the governments evidence as produced
was infalible and in an unbroken chain.
Meares did himself great credit in
his argument for THE defense. He att
tackled Politz and Darkley,s showing
the objects they would a in testi-
flying against Marshall. He also
pointed out the falsjty of their testimo- |
ny. He was heartily congratulated.
Argos argument for the defense was
worthy of his high ability. He direct
ed himself to the jury in a powerful
manner.
Bellamy concluded for Marshall, and
showed his long legal training and abil- |
ity in his argument
District Attorney Bernard in closing
did all he could in the presentation Of
the case from the governments and
point.
JUDGES CHARGE IMPARTIAL
AND LUCID.
Judge Purnell's charge to the jury
was a half hour long and extempOre,
according to his invariable custom. Ut
was full, absolutely impartial and lu- |
cid. He told the jury they must re- |
member Marshall had proved a good
character up to the present time, n
that his character ought to nave great
weight.
The Jury took the case at 6:15 O'Clock.
A little before 10 O'Clock the jury called
for beds and proceeded to make itself
comfortable in the court room. 1t had
been popular expectation that there
would be a verdict in an hour. |
At 2:30 a m. the jury in the Marshall
case had not agreed upon a verdict.
THE MCGOWAN INCIDENT DIS |
MISSED.
As soon as the jury retired in the
Marshall case Judge Purnell called UP
the contempt matter of James Meow
an, saying his offence was violation
of section 725 revised statue.
He said MCGOWAN had not dealt can |
didly with the court, that the remark
he (McGowan) swears he made is not
the remark the court heard, that the
court heard him say: w understand
the whole thing. 1t is a conspiracy, |
but we VIII carry Marshall back home
with U.s." The judge said that Meow !
an a looking at the court when he
said this and the remark seemed inten- |
ded as a threat and to influence the
court. He said ignorance Of the Ia
was nc plea, especially as MCGOWAN