The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-27
BOY THIEVES ON TRIAL.
Because of Youth They Are Dis.
missed On Payment of Costs.
THE BATILr-BELL CASE ONCE AGAIN
Mr.. Ed. S. Battle Ccs the Taxing II Costs
Against Him Remltied But Fails GET
The Perjury Case to the
Gracd Jury

Criminal court yesterday did business in
Wake county court house at a speedy
rate.
Death in the family of Juror Carlton
stopped the bastardy case in which W.
B. Emory is accused by Ella Emory, his
died and he was excused until today when
the case will be taken up again.
John Mack, colored, was found guilty
OF striking his sister-i law because size
was impudent to him. He was first SEN
fenced to thirty days on the roads ard
later because of proof of good charac-
ter judgment was suspended on payment
of costs.
Mr.. W. H. Robbins was heard on an ar
peal from the decision of Magistrate
Yearby's court in which he had been fined
- and costs for using a buggy whip on
Jack Sellers who had been cursing around
his office, and acting generally dis
gracefully when ordered away. Thinking
he could force nuisance from his place
of business Mr. Robbins appealed to the
Superior Court. Jack Sellers and Mr..
A. j. Dement, testified and Mr. Robbins
made statement, after which the specta-
tors in court were electrified when Judge
ROBINSON made the penalty against Mr..
Robbins 80 days .on the roads and would
hear nothing further However, lie
thought better of the matter and in the
afternoon he ordered the sentence strick-
en- out and fine of $25 and costs put on
Mr.. Robbins.
Walter Bridgers. for embezzlement was
la
payment of costs. Wake Thompson,
case of trespass, was continued. Ed
House and w. w. Sanders plead guilty
of an affray and judgment was suspended
on payment Of costs.
Much time was devoted to the trial of
Walter Montague, an old negro, charged
with stealins watch from the home of
Mr. Ed. 'orton, who lives near Wakefield,
Montague claimed that he found the watch
in the road. The jury, however, four d
him guilty, ard he was sentenced to eight
months on the roads.
Henry Perry, white man forty-s;x
years old charged with the rape of his
twelve year old niece, Lucy Taylor near
Rolesville was arraigned. His attorneys,
Col. T. M. Argo and Mr.. S. G. Ryan
n. ade motion to quash the indictment,
which charges him with rape and has in
it a second court, charging him with felo-
ny, inasmuch as the girl was under
fourteen years of age. The contention
was that the crimes were dissimilar ard
could not be combined in one bill.
Solicitor Armstead Jones and Col. J.
G. L. Harris Who were the prosecuting
counsel defended the bill and cited a
case in 121st North Carolina where such
y ,,e,{i
the appeal to the Supreme Court. Judge
Robinson denied the motion of the defer-
dant's counsel, but as the defendant was
only arrested Sunday and his counsel had
as yet no time to prepare their case and
would be engaged in the Supreme Court
next week, he allowed a continuance un-
til the January term. In the meantime
Perry will remain in Jail.
Lonny Adams, found guilty of an as
siult with a deadly weapon had judgment
suspended en- payment of costs. John
Thompson was found not guilty Of an af
fray. Judgment was suspended on pay
ment of costs by Moses Norvell who plead
guilty of larceny. Peter Winston was
adjudged not guilty on a charge of as
sault with deadly weapon, while Robt.
Kelly, found guilty on like charge had
Judgment suspended Oh payment Oh COSlS
In the case of Spencer Womble and
Robert Thomas, two boys, charged with
Ia rceny, the case against Womble was
nellie pressed with leave, as he was not
to be found. Thomas plead guilty and
judgment was suspended on payment of
costs. Emmeline Williams. charged with
larceny was not to be found and the
C; Sc was nolle pressed with leave. Lee
Floyd, charged with cmbezzlement was
found not guilty.
Claude Kimball, age 8, Ira Kimball, age
II and Fred Crowcll, age Is, the white
Boys charged with entering and robbing
stores on Fayetteville street all plead
guilty and judgment was suspended on
payment of costs.
The case in which Mr.. Ed. S. Battle had
been taxed with the costs in the suit for
perjury against Officer Bell, of the Ra-
leigh police force, was presented to the
&C urt and the judgment of Justice of the
Peace Yearly in taxing Mr.. Battle with
tie costs was reversed. In the same case
Judge Robinson declined to send the mat
ter of the alleged perjury to the grand
irry, saying this was a matter with the
sc licitor. That officer said he was on the
outside Of the case. Mr.. r. l.. Gray, who
represents Mr.. Battle says that the mat
ter will be taken UP with Solicitor Jones.