The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-08-08
CORONER'S INQUEST
THE SHOOTING OF FRANK LAY
TON WAS JUSTlFlABLE
The Jury Held an Examination Yes
terday, and ESonernted Mr. Chas.
Negro-CIayton Carried a BIudgeon
and Two Long Ugly Knives.

negro who was shot in East Wilmington
Saturday night by Mr.. Charles Rogers
and who died Monday evening at 6
o'clock Monday evening at the James
Walker Memorial hospital.
The following jury was summoned
n empannelled yesterday at 10 a.. m.
at ths hospital: S. Hill Terry, fore
man, ]. F. Sellers, secretary, G. 7. King,
Z. O. Allen. Robert L. Hines. H. B.
Bailey.
After viewing the body the jury re-
turned down town and met at police
headquarters, in the city hall, where the
witnesses were examined:
Joseph Jenkins, colored, was sworn
as the first witness. His testimony was
as follows:
Il was at my home three or -four hum
dred yards from the place of the
shooting. heard five or six shots.
Mr.. Rogers followed. l yer over TO Mr..
Rogers house. When l was near
near enough to see Mr.. Rogers he says,
Come here, uncle Joe. we are in trou-
BILE" l says what is the matter? He
said that the same fellow we saw about
sunset this evening came up here n
tried to kill me. He says to me Il shot
III liz LS Z IO lOOh d. I'LL L
reckon l have killed him" l said well
you ought have done it. The shooting
happened about dusk. The axe handle
exhibited Is the one L saw the mar
have the same evening before the
shooting. Mr.. Rogers told me that he
man tried to kill him with the axe
handle. l saw Mr.. Rogers hand and
it was hurt badly where he received
the blow with it. 1.-THE axe handle
exhibited to the jury had blood On it'll
James +. Mason, white. was sworn
and testified as follows:
MI. Rogers sent me word to my
store about a mile aWay that he had
shot a man and wanted me to come
over and help him. I went there be-
tween s and 9 o'clock and staid there
till several others came. We went to
look at the man that was shot. l saw
Mr.. Rogers hand and it was hurt very
bad. He seemed to be very much ex-
cited"
Mr.. Charles Rogers was sworn and
his story of the tragedy was as follows:
Saturday evening Mr.. Oscar Pear
sail asked me to go over to his place
and water and see to his horses, as he
was going to the sound. l went over
about sunset to his house about a
quarter of a mile away. AS L was
| crossing the railroad in front of my
house, L saw a mulatto man on the
railroad going towards my house. l
| saw he was a stranger n l watched
him. He passed the house about fifty
yards, and turned around and went
back towards the factory. He walked
a few steps and stopped. L never
thought anything more about him.. l
went over to Mr.. PearsalPs place, wa
tered the horse and staid there some
time. When I got near my house COM
ing back, Mrs. Ephraim Dale was
standing On the porch motioning to me.
She was saying in a low tone to come
on quick. / thought something serl-
Gus was the matter, as my wife was
sick, and L went as quick as possible.
When / got to the door she told be there
was a negro in the house and he was
cursing and using bad language. When
1 went into the dining room 1 found the
| negro standing beside my wife who
was sitting at n corner or the taple.
He had a piece of biscuit in his hand.
7 said to him what is the trouble IN
here: He says to me that he wanted
something to eat. l said to him you
have ii. why don't you go on out. He
| walked On out of the house towards the
field. He walked for the first time as
If he was intoxicated. / went in my
room and got my pistol, put it in my
pocket, and went and got my horse
and cart to put them away. When l
got to the barn I saw that the negro
Il Udu pTohEA opCii liz ACNo ASoN
then about dark. 1 searched around to
see if he was hiding anywhere, and as
I started out of the lot to go to the
house / saw him standing by the sedse
of the road that leads from the lot 10
the house. 1 walked up close TO him,
and asked him what he was DONG
there that time of night. He wanted
to know wha in the HI I had to do
with it. l told him that depended on
how he behaved himself. / asked him
where his home was. He said 1t was
in Sumter. S. G. He then says, You've
| got a Cd d-n lot to do with my busl-
| ness" I turned to walk off TO toward the
| house. 1t was my intention to get some
| one to help me get him off the prems-
ses, if he did not behave hjself. When
I got five or six steps from him. L saw
him coming towards me with a stick
striking with all his power at me. l
| drew my pistol and told him to stop.
He came on me faster and was dodg-
ing as if to award the shot if ] did shoot.
| He would not stop and 1 snapped my
| pistol twice befare it fired. 1 shot at
| him four times before l stopped MN.
| He struck by pistol once and ] thought
he had knocked it out OF my hama,
and struck me across the left hama
twice before 1 opened fire on him. As
| soon as he fell, I went to the house ana
told my wife that ] had shot him down,
| but did not know whether he was dead
or not. She told me to get my gun and
go out, that he might be 1907
ing me. 1 saw him crawl
ing out in the edge of the woods;
7 then followed for assistance. and
F, Joe Jenkins came. He asked me what
was the matter. I told him / was IN
trouble. I told Joe to get on the morse
and go to Mr.. Mason's store and LET II
be known what I had lone In a short
while Mr.. Mason came over and severai
others. I told Joe to tell them at the
store to phone to the city authorizes
what I had done. Also t o phone
Mr.. PearsalI. The negro came to
| my house twice while i was over at MT.
Pearsalrs. The first time he came AND
asked where I was. He was told thar
I was right put in the field and he went
into the field a short distance from the
house. Finding that I was not in the
field he went back to the house. the
second time the negro went to my
house my wife told him to stay out
side and she would give him something
to eat. He tore the door open ana
went in, and said he had to have some
49, rharQ