The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-16
DECLINES TO INTERFERE
Date For Execution to be Fixed by
the Governor.
The HORRIBLE DETAILS OF THE TRAGEDY
The CITY Loses in The Damage Suit Brought
Against II by tie Capital Printing
Company. A New Trial Of
il is Ordered.

By the Supreme Court yesterday
opinions were handed down as fol
lows:
Ladd VS.. league, from Swain, re-
versed.
Merrill VS.. McHone, from Madison,
no error.
Merrimon VS.. Lyman, from Bun
combe, affirmed.
Battery Park Bank VS.. Western
Carolina Bank. error. costs taxed
against fund in receivers hands.
Austin VS.. Stewart, from Union. er-
ror.
Cline VS.. Rudisill, from Lincoln, af-
tirmed.
Capital Printing Go vs.. City of Raj
eigh. reversed.
State VS.. Jones, from Wake, no er-
ror.
Person VS.. Leary, from Tyrrell., err
ror.
Conkey VS.. Lumber CO., from Gates,
affirmed.
William Lassiter VS.. Railroad, from
BERTHE. no error.
Wiley Lassiter vs.. Railroad. from
BERTHE. decided in favor of the plain
tiff, direction Judgment in court be-
low to be amended so us to allow
plaintiff the sum awarded by the
verdict for damage to crops. in addl-
ton to that found for permanent
damages.
The following cases were disposed
of by per curtain order. to-wit:
Baxter VS.. Porter, from Lincoln,
oltirmcd.
fHnr Ia
affirmed.
Kramer vs.. Railroad. from Mellow
ell. affirmed.
Fred Smith VS.. Railroad. from
Mecklenburg docketed and dismissed
under rule H..
BY refusing him a new trial. the
Supreme Court yesterday took away
from Tom Jones the last hope of life.
lie must now hang.
The date for the execution will be
fixed by the Governor. The date set
by the court that convicted him was
May 18th. but his appeal made nee
essary the appointment of new
day.
The prisoner was indicted for the
murder of Ella Jones. a negro wo-
man living near Garner, in this coun-
ty. He plead mot guilty" while the
killing was not formally admitted. it
was not denied. The jury found the
prisoner guilty of murder in the first
degree. There were no exceptions
10 the evidence or TO the conduct of
the trial. nor to the charge of the
court. except to the refusal of the
court to give the following special
PRAYERS for instruction:
I. That in no aspect of the testi-
monv. and under no reasonable in
ference that can be drawn from it.
is the prisoner guilty of murder in
the first degree.
.. That at most the jurors can con
Wet Of murder in the second degree.
3. There is no evidence of delibera-
ton and generalization.
The evidence in the ease is thus re-
viewed by Judge Furches. who writes
the opinion of the court:
There is evidence that the prisoner had
been too intimate with the deceased ella
Jones): that he had gotten a child upon
her: that they had trouble about this;
that he said to Johnson. a justice of
the peace. the night before the homicide,
that ELLA laid her last child to him.
which was then about one month old. and
that they had trouble about it; that he
wanted to bring her to his house the
next night and have it fixed up; that he
was willing to pay her 81 per month:
that the next night (the night he pro-
posed to bring the deceased to John
son's), he went to the house of the de-
ceased and went in, sat down and talked
to the deceased but how long does not
appear; but it must have been for some
considerable time. as the child witness
Laura) testified that his coming in awoke
her. but she went to sleep again and
was awakened by the screams of her
mother, when she saw the prisoner strike
her mother with an axe four times; that
he then struck her oldest sister with
the axe and the blood flew on her and
her younger sister: and that he then
struck a match and set the bed on fire,
and left.
Also the corroborating testimony is
recounted-the tracks, the fresh blood on
the prisoners clothes, the burning house