The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-24
hE PERJURY CASE
: ENDS IN ACQU|TTAL
Case Dismissed and Pr0secu-
tor Taxed With Cost.
MUCH FEELING SHOWN
A Big Crowd Present to Hear the Evil
dence and Speeches.
DECISION IN FAVOR OF THE OFFICER
Holds That the Policeman Was Simply Doing
Ms Best y Preserve The Peace and That
The Words Of Mr.. Battle to Him
Amounted to Resistance.

The sensation yesterday was the Bat
tle-Bell perjury trial, which resulted IN
victory for Bell and a taxing of Battle
with the cost.
The trial was held in the court house,
before Justice Yearly, and in the pres
ence of great crowd of spectators.
Mr.. Battle was represented by w. n.
Jones and r. L. Gray; Mr.. Bells sattor-
news were JIG. L. Harris and w. L. Wat
son.
Eight witnesses were examined for the
prosecution. The defense put on no testi-
mony but rested it's case on the evidence
brought out on cross examination OF the
prosecutions witnesses. These witnesses
were: Mayor Powell, ALT Thompson, Jr.,
Ed. S. Battle, ~ w. West. l.. j. Walker,
Tom West T. j. Pence and Mr.. Quarles.
The deposition of r. l. Prempert was
also read
All Of these swore to the effect that
Mr. Battle was not indulging in loud or
boisterous conduct when arrested. as o.
ficer Bell was alleged to have testified on
the trial in the Mayors court; but most
of them said that there had been con-
siderable noise and disorder in front OF
the Fayetteville street bars during that
night. Some of them thought McGnnis.
the baseball player with whom Mr.. Bat
tie was talking could have been heard
quite a distance.
The trial lasted exactly four and
half hours and was marked by consider
able feeling on both sides especially by
one Of the attorneys for the prosecution.
Mr. Gray denounced Mr.. Bell in such bit
ter terms that the magistrate presiding
had to interfere; also Mr.. Gray paid his
respects to Mayor Powell, who he declared
would not have acquitted Battle on his
trial for disorderly conduct if he could
have helped it, He added: II call the at
tention of your honor and these people to
the Mayors conduct in this matter-the
disposition shown by him to protect Bell
regardless of circumstances, evidence
and law" Just previous to this Mr..
Gray had put Mayor Powell on the stand
as witness for his client and then at
tackled his testimony by cross examining
him and putting his on notice that he
expected to contradict him.
These were some of the more sensa-
tional features of this remarkable trial
that. furnished sufficient excitement and
interest to hold the crowd in a hot court
room for tour and a half hours. Mr..
Jones argued the points of law involved.
AS Mr. Watson did not speak, Mr.. Harris
discussed both the law and the evidence.
after which Justice Yearly rendered the
following decision:
II find that defendant had probable
cause to believe that Battle was disor-
Derby that the testimony of Bell was not
malicious, and is not perjury, for II so
held every witness on the losing side in
any case could be indicted for perjury.
And at the time of arrest it was the
second time the crowd had been spoken
to. The language used by Battle, that
"if YOU arrest ME you will loose your
job" was disorderly and reduced to fact
would be resisting an officer in the dis
charge of his duty. An officer is re-
qured to quell any disturbance and he
alone has right to say at the time of
arrest what he considers disorderly.
Il shall therefore dismiss this action
and tax the prosecutor, Battle, with the
COSTS
Mr.. Gray gave notice Of appeal and the
court adjourned, Mr. Battle declaring he
would fight the case through the higher
courts. Also he talked of prosecuting
Mayor Powell for false arrest, but at
late hour last night no papers had been
served