The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-17
HEARING IN OEEILL CASE
WAS POSTPONED AGAIN.
The Accused Young Men Objected to Magis-
trate Hehin--- Justices Reid and Womoie
to Rear the Case Today.

Once again the preliminary hearing mas
baan uostponed in the case of Arthur
Gooch, Joe Smith and VIII Putney,
charged with criminal assault upon
fourteen-year old girl
This time it was because the defend
ants did not want to be tried before
Magistrate r. L. Helm, claiming th<y
could not get justice in his court.
Justice r. G. Reid was selected to
hear the case, and he postponed it until
this morning at ten o'clock. BY his re-
quest Justice E. A. Womble will sit with
him.
An enormous crowd went to the court
house yesterday morning to listen to the
hearing. Long before the doors were
opened, both stairways, as we'll as the
upper hall were completely jammed and
packed. When Magistrate Hefiin arrived
Deputy Sheriff Separk had to make
way for him through the crowd.
When the doors were opened there was
q pell-mell rush into the court room
The whole mass surged toward the door
and the front ones We're almost flung in
side Then the rush began to secure
points of vantage. They literally swarm
ed over everything, jury seats, witness
box, clerks desk, counsels seats, in fact
the entire bar, even the judges seat re-
ceiving its quota of three or four. In
five minutes there was not a spot that
was not occupied. The aisles We're choked
up. Way had to be made for the coun-
sci when they came, and chairs had to
be sent for for them to sit in. Thin
I fAr fho n
PENDANTS when they were brought in from
the Jail. Men were standing in seats,
sitting on the desks and tables, in the
windows, or perched on everything they
could find.
The girl who accused the prisoners was
present with her father, but her mother
was not there, being too ill to leave the
house.
Magistrate Heflin in the first place or
dered the court room cleared of all boys
under seventeen years of age, and re-
quested Constable Upchurch and Deputy
Sheriff Separk to see that the order was
carried out.
The crowd applauded. A number of
young boys were compelled to go out by
this order.
The magistrate then gave orders that
all those who had not seats must leave
the court room, as absolute silence and
good order must be maintained.
Solicitor Jones announced that the
State was ready with the exception of
one witness, Mrs O'Neill. the mother of
the girl, who was very i'll, and her hus-
band stated that it might endanger her
life to be brought to court. However,
he would not ask to delay the trial; but
it might be necessary to adjourn to Mrs.
O'Neill's house to take her testimony.
Then Col. Harris, attorney for the three
young men. swore them to the truth of
the following affidavit:
Joe Smith, Arthur Gooch and Will Put
ney, being duly sworn, say: That in the
case against them charging rape on the
person OF Audrey O'Neill. they cannot
obtain justice before r. l.. Hefiin, j. p.
who issued the warrant, and they pray
that it be removed to some other ]. p. for
trial.
This caused more delay. Deputy Sher-
iff Separk, on suggestion of Magistrate
Hef1in, sent after Justice of the Peace
Edgar A. Womble; but he could not be
found Then Justice Helm proposed that
Justice r. G. Reid try the case He was
accordingly sent for, and arrived in few
minutes In the meantime Justice
Womble had arrived also, having heard
that he was wanted.
After a short consultation it was
agreed by all parties that Justice Reid
should try the case, and that Justice
Womble should sit him with.
- ri hal eft
eleven o'clock, and Justice Reid made
the following announcement: "As l have
an important civil case at half past
eleven, the hearing of this case is post
poned until ten o'clock tomorrow morn
ing"
So the big crowd had to file out with
out hearing the case tried.
Justices Reid and Womble gave out the
following notice:
1.-The case of the State against Arthur
Gooch. Joe Smith and VIII Putney for
rape having been moved to Magistrates
r. G. Reid and f. A. Womble, notice is
hereby given that no one will be allowed
in the court room during the preliminary
hearing on Friday morning. April 18th.
except those directly interested in the
case. counsel. newspaper reporters and
court officers. This right IS reserved to
magistrates in the constitution, and the
order will be enforced by officers at the
door
(Signed) &c A. WOMBLE.
"R. G. REID"
The justices consider that sufficient
publicity viii be given to the proceed
ings by the presence of newspaper re-