The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-03-26
R. |. GRAY CLEARED
Acquitted of the Charge of
Assault and Battery
The Jury Out Only Three Minutes. No EVid-
ence to Show That Gray Had Part in
.s Attack on Mayor Powell. .

l
.-g Attack on Mayor Powell. .
The jury yesterday morning acquitted
Mr.. Robert l.. Gray, who was indicted
fer assault and battery upon Mayor A.
M Powell They were out only three
minutes.
| Mr.. F. H. Busbee and Col. I. NJ. Ar
go appeared for the defendant, and So
licitor Jones conducted the prosecution.
! The witnesses were Mayor Powell, Mr.
| ]. e Bridgers, Mr.. S. T, Smith. Mr.. j..
, w .Hinsdale. Mr.. M. Bellamy, Jr.. and
Justice ]. C. Maroon.
Mayor Powell told on the stand of the
ARRAY between himself and Mr. e. s..
Battle last fall and said that two others
were present, but he did not recognize
! Mr.. Gray Mr.. Bridgers repeated the
testimony which he gave in court last
fall, saying that he came up during the
occurrence on Hillsboro street and af-
forwards spoke with Messrsl Battle,
Gray and Thompson He did not See Mr..
Gray, take any part in the ARRAY.
Messrs. Hinsdale and Bellarny said that
they walked up Fayetteville street with
the three that afternoon and stopped in
Hicks drug store. Some remark was
madein that store about Mayor Powell's
testimony in the perjury trial of Officer
BELL before Justice Yearly, but they
could not say that Mr.. Gray was present
at the time. Judge Allen ruled that Mr.
S. T. Smith could not testify as to tele-
phone, message, since that could not be
! in
battery case. and could not show that q
defendant was aiding and abetting in an
affraS. He said that such evidence
would be competent in a conspiracy in
tGietment, but not in an assault and bat
terry.
Justice Maroon told of issuing the
warrant on the night of the occurrence
and of the hearing next day.
In reply to question Mr.. Maroon said
that Judge Robinson informed him that
he did not have jurisdiction, that the
ARRAY happened within half mile of
/ the court house while court was in ses
sion, and sent the case to him. SO when
MIR. Powell waived examination Justice
Maroon sent the case on to the Super
ior court.
| Mr.. Busbee spoke for the defendant
and said that the latter was charged
with aiding and, abetting in an assault
and battery when the principals were in
dicted for a different offense, an ARRAY.
| He said that the case was supported by
no evidence. t'e u
| Solicitor Armistead Jones followed and
! argued that the circums tantial evidence
was sufficient for a conviction
| Col. 'Argo closed contendDg that if "a
mar could be convicted of aiding in an
! assault when nothing was shown except
I that he was present, then every one
should run when they saw fight He
said that Justice Maroon did wrong in
sending the case on to court, because
Judge Robinson told him TO. that the
Justice should have disposed of the case
/ him self.
Judge Allen charged the jury that il
they were satisfied from the evidence
that the defendant was present for the
purpose of stimulating and encouraging
| the assault by his conduct, they would
find him guilty, and if they were not
satisfied beyond a reasonable doubt that
they would acquit him.
| Other cases disposed of yesterday in
court were as follows.
! Rufus Jones and Wesley Jones plead
guilty to a charge Of assault with dead
ly weapon. Judgment was suspended on
payment of costs.
Herbert Crudup and Ed. Crudup plead
guilty to the same charge with like
result
Henry Perry got sixty days on the
| roads for the same offense
| w. n. Bum plead guilty to the same
charge. Judgment suspended on pay
ment of costs. He likewise plead guilty
to charge of carrying concealed weap-
ons Judgment suspended on payment
of costs.
| Love Goodson, for larceny and recoiV-
ing, to which he pleaded guilty, got one
year on the roads
| r. e. and D. F. Williams were being
tried when court adjourned for retailing
a grip cure without license.