The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-22
He DENIES HIS GUILT
A Dramatic Scene Enacted in the Ward
at Rex Hospital.
NEGRO RIOTERS IN RALEIGH LAST NIGHT
" That is the Man" Said the Wounded Porter
Near to Death as He Pointed an Ac-
cusng Finger at Young

"That is the man." and a quivering
hand pointed to oe Cole, Jr.
These words came from Jim Mitchell,
the negro porter wounded in the muir
derous assault on the Seaboard train
near Henderson.
Nigh to deaths door he lay on his cot
in Rex Hospital while facing him stood
Joe Cole, Jr, and John Jones'. alias
Charley Ferguson, two of the negroes
caught on the train after the fatal affair
of Tuesday.
The two men were tied and bound with
ropes. Deputies guarded them, while at
a table sat lawyer who had just taken
the testimony of Jim Mitchell. He
glanced at the wounded porter, and again
writing, added his final words which
sealed the fate of a murderous assault.
There was no hesitation when Nit
cheIl spoke these words. He took one
glance at the men before him, and his
hand indicated Joe Cole, Jr., as he made
his declaration. The accused negro's
lips twitched convulsively, despair shone
in his eyes, and he cried, Mister, L
didn't do it. / never saw you. 1t wasn't
me-" but Mitchell replied. ut was you,
you are the man that shot me-"
Last night the Seaboard train, due
here at 1924 was late. On it came a
party of officers of the law, Seaboard
Air Line officials, and the five negroes
now under arrest as principals and ac-
cessories in the killing OF Roadmaster
Stevers and the shooting of the colored
porter, Jim Mitchell, on the Seaboard
train Tuesday afternoon near Henderson,
resulting from the attack made on Cap
tain w. p. Clements, who had ordered
the boisterous negroes from the white
second-class car into the car for the ne
Groes.
The negro prisoners were Joe Cole, ST.,
who killed Mr.. Stevers, Joe Cole. Jr.,
John Jones, alias Charley Ferguson, Jim
Payne and Willie Mitchell. Joe Cole,
Sr, was tied separately, while ice Cole,
Jr, and Jones, Mitchell and Payne, were
tied together. In charge of them was
Sheriff E. A Powell, and Officer Oscar
Faulkner, of Henderson, while in the
party were also Mr.. j. H. Bridgers, of
Henderson, local counsel of the Seaboard
Air Line; Mr.. L. c. Felts and Mr..
Daugherty, special agent of the Seaboard
Air Line, and Mr.. r. j. Switzerland,
mayor of Henderson, by whom the ne
groes had been committed to jail in
Henderson after being brought in on the
train.
Reaching the city the party went at
once to Rex Hospital. the purpose being
to have Jim Mitchell, the wounded porter,
identify the negro who shot him. 1t was
feared that Mitchell might die and his
testimony was needed to fix the identity
of the man who shot him. The prisoners
were kept at the gate OF the hospital,
and as word flew about the city that they
were in Raleigh a crowd rapidly col
lected
Mr. Bridgers first went to the ward in
which Mitchell lay, and from him oD-
tanned a description of the man who
shot him, and his account of the shooting
There were a number of witnesses pres
ent, among them being Mr.. Robert NJ
Horton, Justice of the Peace OF
Houses Creek township, who had been
ill in the hospital.
In his account of the events of the
shooting Mitchell said that the man who
shot him had on dark clothes and he
would recognize him. He said that
when the negroes reached the colored
Clements and pistols were drawn That
he rushed forward and was shot by a
man whom he would recognize. That he
saw old man Cole shoot Mr.. Stevers
after he had been shot. He described
the threatening manner of the negroes,
and said that they were sready to as
sault Captain Clements.
After this testimony had been taken,
al Tr lob Tnnn
brought into the ward and led to the side
Of the cot Mitchell gave one glance,
pointed at the younger Cole and said:
THAT is the man." The accused negro
denied it, saying, Mister, I didn't do it, -
and protesting again and again that he
was innocent
The two men were led from the ward,
and with the other prisoners were taken
to the city guard house, while the party
in charge of them took supper Food
was also given the prisoners, and about
half past ten o'clock a special left with
the party for the return trip to Hender-
son.
A crowd that grew greater and greater
followed the men about the city and
about 200 were gathered at Johnson
Street Station when the special left.
Mr.. Bridgers stated while here that
the second pistol had been found by the
side of the track where Cole, Jr., had
thrown it when he rushed to the plat
form. Two chambers were empty, and
some think that there were three shots
in all, one from Cole, Sr., and two from
his son.
The wounded porter was resting easy
last night, though his condition is criti-
cal. 1t is said that the ball which enter
ed his stomach cut off his appendix. The
declaration he made last night will be
read to him again if ne begins to sink, as
it will then be his dying declaration and
will be admissible evidence in the case
against the two Coles. Captain Clements
was present when Mitchell identified the
man who shot hin,