The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-27
At Al TACK ON MAYOR
Causes Battle to Get Sent
ence to the Roads
And the Grand Jury viii This. Morning lnves-
tigate the Charge That There Was an
Conspiracy.

Conspiracy.
For his attack on Mayor Powell, on
the street Wednesday evening, Ed. S.
Battle was yesterday tried in the Su-
perior court and sentenced to sixty days
on the reads.
He took an appeal to the Supreme
court on the ground of excessive and
unusual punishment sand was required
to give bond of $780, This was signed
by Mr.. w. w. vass.
The charge against Mr. Battle was an
affray. Mr.. Powell was also included
in the warrant. Both were represented
by counsel, but neither offered any evil
dence and both submitted.
The judgment of the court as to Bat
tie is stated above. Judgment as to
Powell was suspended and no cost was
taxed against him. Mr.. W. N. Jones
was attorney for Battle and Mr. j. C. L.
Harris represented Powell. Solicitor
Armistead Jones appeared for the State.
AS the case was one of great gravity
and concerning which there was much
popular indignation, and as the offence
charged occurred during the sitting of
the court and within one mile of it, Mag,
istrate Maroon, before whom the war
rant had been sworn out. declined to go
into an investigation of the matter, but
sent it at once to the grand jury, which
quickly found true bill.
The case was called for trial shortly
after IL o'clock. The first witness sworn
was j. e. Bridgers who witnessed the
affray from the opposite side of the
street. He saw the defendants Battle
and Powell scuffling on the ground,
wit hGray and Thompson standing by.
He started across the street, but before
he reached them they were separated,
and Mr.. Powell picked up his hat and
started off toward the city. During the
scuffie he saw Mr.. Powell was on the
ground and Mr.. Battle standing over
him, with his hand on this throat. The
witness said it was Mr.. Thompson who
separated them.
For I'D S. Battle. Mr. w. N. Jones' said
he would offer no evidence but submit to
verdict of guilty. Mr.. j. c. l.. Harris
took a similar course for Mayor Powell.
Judge Robinson then instructed the
jury, if they believed the evidence of
Mr.. Bridgers to find verdict of guilty as
to both the defendants.
After this verdict had been taken, Mr..
w. n. Jones said he wanted to say few
words in behalf of Mr.. Battle. He said
he was sorry it occurred; that he believ-
ed he had been very badly treated.
Judge Robinson-"No he has been very
leniently treated. Only yesterday | ex-
cused from the cost in the Bell case
Mr.. Jones-"I was Scakinpg of his be-
fore the Mayor"
Judge Robinson-"No he was properly
treated. The mayor dismissed the war;
rant; he could have done no less. But,
however improperly arrested, the blame
could mot have been laid at Mayer
Powelfs door,
Mr.. Jones-"Any way Mr.. Battle feels
that he has been improperly treated.
Judge Robinson has no right to
feel so. If the mayor has got to be
knocked down and beaten on the street
because Of his leniency, they won't have
occasion to lay such a charge against this
court
Mr.. Jones-"As your honor knows
Mr.. Battle is man of good character
and has demeaned himself WE'LL
Judge Robinson-"You say / know 1T.
| know nothing of Mr.. Battle. l mean no
reflection on him by saying it, but that's
the truth
Mr.. Jones then said that if it would
do any good he could put on the stand
evidence to this effect, and expressed at
great length his regrets for the occur
renee.
After Mr.. Jones' statement Mayer Pow
ell was sworn and gave his version CT
the difficulty. He said:
vi been to ride and when ] got
back my daughter told me two telephone
messages had come from the police sta
ton asking me to go at once to the office
to issue some important papers. / left
Immediately, without waiting for supper.
Soon | met Mr.. Battle, Mr.. Gray and
Mr. Thompson Mr.. Battle stepped out in
front Of me and told me had sworn to
deliberate lie. Thereupon | struck him.
Mr.. Bridgers has told you the rest
Mr.. Powell said he afterwards found
that no message had been sent from the
city hall, and he had not been called on
to issue any important papers.
Mr.. Robt. l.. Thompson was then put
on the stand by the Solicitor and closely
questioned as to the movements of him
self and Mr.. Battle during the afternoon
after the settlement of Battles case
against Bell in court and before the
fight. Also Mr.. Thompson gave his ver-
sion of the fight.
He denied, in answer to questions from
Mr. Harris, that he knew anything per-
soBally of the telephone messages sent
to the mayor.
Judge Robinson then said:
81 shall not trust myself to say any
thing about it, because of my scarcity of
pclite language. The judgment of the
court is that Ed. S. Battle be sent tn
the roads for so days. Judgment sus-
pended as to Mayor Powell, and that he
pay no costs.
"I'm very sorry for you Mr.. Powell; /
think your action in this matter very
commendable. =
The court then adjourned for dinner.
During the dinner recess and after
wards in the court room, the Judge was
beseiged by members of the bar asking
q change of sentence, but he declined to
Grant the request and to keep him from
going to Jail Battles attorneys took an
appeal.
The grand jury will this morning inves-
tigatc the charge of conspiracy, and there
NAV be some further sensational develop
mepts IN the case.
That it created sensation yesterday is
| bo cit ThpTp