The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-08-20
TRUE BILL FOUND AGAINST HAUSER
FOR INGEND!ARISM
John Wallace, Charged With MUIR
der, Continued to n Mex tTerm-Ed.
Willis, the Fire Bug, VIII Not Be
Hung.

Pursuant to recess on Thursday even
ing the superior court met yesterday
at 9:30 O'Clock, His Homo Judge Olive
H. Allen presiding.
The Jury which staid out all night on
the case against Ed Willis, colored,
charged with arson, for burning a
house in the city occupied by Agnes
Frazier, colored, agreed upon a verdict
when the court opened. A plea if in
sanity was made when the trial began
on Thursday, and the trial was first on
the issue, us the defendant now in
sane?" Soon after going into the jury
room eleven Of the jurors agreed to
answer the issue yes, but the twelfth
juror could not agree with them and
tied the jury ali night. Finally when
the court met yesterday morning he
joined the majority and their verdict
was rendered accordingly. Arson is a
capital. felony but the verdict Of the
jury saves Willis neck. Judge Allen
ordered tina Ed Willis and William
Simmons, the Syrian, who was charged
with larceny and was adjudged insane
at the July term of h court, be sent
to the insane department of the state
penitentiary.
John Wallace, the negro who shot
and killed William Dudley, colored, was
brought into court subject to the &C
ceptance by the state of a verdict OF
guilty of murder in the second degree.
The state having refused to agree TO
such a verdict. Wallace'S counsel, John
H. Gore, Esq, pressed his nation Tor
a continuance of the case to the next
term in order to have time toprepare
for trial. The court granted h mo-
ton. Wallace will, therefore, be tried
for murder at the neXt term.
In the case against Williams John
son, colored, who appealed from the
Judgment of Mayor Waddell in filming
him for failure to nav a number on his
delivery wagon, City Attorney William
J.. Bellamy moved to amend the war
rant. The motion was resisted by
Judge Bryan for the defendant but the
court granted the motion. The defen-
dant excepted. Judge Bryan made a
motion to QuaSh the Indictment or the
ground that the rdinan under which
Johnson was fined is unconstitutional.
City Attorney Bellamy opposed that
motion and the our ruled with him
holding that the ordinance is constitu-
tional. The cause will go to the jury
today on the facts. Johnson drives a
| delivery wagon for W. E. Worth & Cos
! ice factory and Mr.. Worth took the
| matter into court as a matter OF prln-
| cipal. Only 20 cents. the price of the
number tag. that is tackled to the wag-
/ on. is involved.
Thomas Bells appeal from Mayor
Waddell's judgment filming him for al
lowing an OK to run at large, was heard
A verdict of not guilty was rendered.
Peter Drake and Dolphus George
colored, were tried for highway robber!
at Hilton Park. n a verdict OF no
guilty was rendered.
In the case of Samuel NJ Jones
charged with cutting timber from tn
lands of another, an ~instarter capia'
was issued.
William Parker, colored, charged wit
assault and battery with a deadl,
weapon, was tried and found guilty o
common assault. Judgment was sus
pended on payment of the costs. TIL
evidence showed hat Parker bit hi
wife or the cheek near the left eye an
struck her in the head with a bee
glass. 1t was show hat she acte
very badly, and the jury rendered 1t
verdict without leaving the box
The grand jury returned q true bt
against H. Hauser, on an indictmen
charging him with unlawfully, wanton
ly, wilfully and felloniousy setting fir
I to the store occupied by the said Haus
: er. at 122 Market street, on h nigh
be tried today.
At 6 p. H. the court took a recess ii
~ $50 this morning.