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

.+o,+ esther i'm Raleigh or Wilmington
The case is being wea ndle Inc
,,se of ~onyict as witnesses Is concsdea
tn he a very weak point IN the proeeu-
afon The Messengers special CORE
in his Geographic report OF
yesterdays proceedings received last
night
The Marshall case hearing today was
brimfui of interest. Among the chdL-
acter witnesses were Governor RuSSeal
, and Vice President Andrews, OF Vhe
Southern Railway.
Polftz. Perry and Darkley were again
mt on the witness stand for the gov
ernment. who also introduced several
conyicts. VINO swore Justify.
PoIftz's testimony did h government
/. no good. All the evidence Is IN save
that of three character witnesses TOT
the And tomorrow even
l ing the case Will go to the jury, each
side having three hours Tor argument.
Meares will open for harsnall, Arso
and Bethany will also speak anu ~"
doubt Charles NJ. Busbee, though lat-
J Ter said he did not care TO spedh-
CASE FOR DEFENSE ABLY Gun
QUOTED.
The case TO This point has been ably
fought at every step. The judge mas
presided with marked patience cour,
teStify and fairness. Both Bernard anu
ASpears will make their speeches colOf-
3 ed. Ed a. Johnston, a negro, VINO 10
assistant in the district attorney ol-
flee though with a clerks pay has Deen
steadily at the trial taking notes. De-
tective Barkley has sat in the rear OF
The attorneys, and aided
. chem steadily.
GOVERNOR RUSSELL ON THE
STAND.
names MCGOWAN, the first witness
Z for Marshall today, said he was IN Mar
shalI's office when Cotsobelos paad nm
$40 to make an order for artlcLeS Whlch
Eotsobelos said were for plating silver:
Goveruor Russell took the oath ana
Testified to MarshaIrs good character.
He said he had known him many years.
phe governor was not cross examined
by the prosecution
Samuel Northrop, character witness
for Marshall, was asked as to his cfar-
acter and said it was good.
Rounrree aid the defenSe mao a TLsIl
To show a good character TO this Gay.
Spears combaltted this and moved 10
exclude all evidence of present cnar-
acter. 80
Busbee aid Marshall was IN quar-
character as defendant and witness anu
it was now sought to strengthen ms
cbarar,ter as a witness. He said the
government was seeking to impeacn
MarshaIPs character ais a witness IN
the matter of the settlement OF ponds
for nersons charged with picking pock-
cts. Something which occurred at1er ne
was charged with counterreltlhs
Busbee said the admission or the gov
ernment that MarshalPs character was
good I'D to the date OF n charge on
counlterfeiting was yaluless; that II was
necessary to show the jury that Mar
shaII's character is good TO TINS mo-
ment. 80,
not paw the amount of bonds after ms
arrest in order to rehabitate himself
but IL was shown yesterday that Mar
shall had nothing to do with paying
these bonds; that Marsden BeiIainS
maid them out of forfeit money. Ber-
nard said that in the Ashev1lle Bank
cases Judge PurneH had ruled out the
evidence of good character OF defen-
dants after the date of h offence
charged. saying that this would De an
expression to the jury of belief in the
Innocence Of the defendants
CHARACTER EVIDENCE ADMIT
ED.
tn Judge expressed regret tina
counsel had not submitted authorizes
on these matters.
said ne had sought Tor TWO
hours to find a case to cite and pnere
was none.
The judge read some authorities. He
held that Marshalfs general character
he having pee a witness, ana DelnS
subject to attack, and beng ON un3
same footing as any Otner WITNESS.
could be proved as to character 10 pre-
sent time. He ruled that this case was
different from the Asheville Bank Ease
as in these cases the defendants did
not go on the witness stand
Mr.. Northrop said MarshaaPs cnarac-
ter is good to present time. >
George Harriss. Jr., swore that Mar
shalps general character is good now
n always had been.
w. H. Day testified as to the general
character of witness Hawkins, ex-
convict, saying that as a prisoner els
character was good; that IT must be
understood that convicts a charac-
tiers just as other people nave. Salo
ne had never heard that Hawkins had
been in the pe~nitentiary once or twice
before.
BeIiamy asked Day if Hawkins did
not give information as to the escape
OF ~convicts. Day said he was informed
that such information came from Haw-
kins through another person.
Rountree said subpeneas had been
ISSUE III 0ACAlud10 dIN 0~A R~
tentiary official as witnesses, and that
this would terminate evidence for the
defence.
DARKLEY TESTTFTES AGAIN.
Theodore Darkley was recalled as a
witness for the prosecution. He said
was not Tony F~antopukar's brother,
was shown his naturalization papers
by SpearS and asked who served Dark
ley a kkuorney in obtaining the natur-
aliza papers. He denied that this.
was Ne1acking Marshail's varacity.
Darktey said Marshall served him
as attorney m getting the papers; said
ne had a conversation with w. H.
Howell before his (Darkfey's) indict-
ment, that Howell told him Detective
Perry wanted to see him, December
18th; that he saw Howell. latter asked
e he thought he could convict Marshall
and If Darkqey knew anything against
Mafzhaa. he replied not amuch, that he
sid this because he did not want to
anything, district attorney had