The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-21
TAKING OF TESTIMONY
A Number of Witnesses Heard---Ob'
lection to One on the Ground of his
Being an Bgnostic---
Proceedings in
Detail.
especial to News and observer)

(Special to News and Observer
Wilson. N. c.. June 20.-When 1t was
given out last night that jury had been
sworn in the Jones murder case, and that
The taking of evidence would begin at the
cpening court this morning the subject
became the all-absorbing one. Before the
hour of opening court large crowd began
to gather around the court house, and
when the hour of opening was announced
by the ringing of the court house bell
every available seat in the court house
was taken.
After the reading of the minutes OF the
previous sitting by the court Solicitor
Daniels announced that counsel for the
State would not ask for verdict of MUIR
der in the first degree against Ward, but
would ask for a verdict of murder in the
second degree against the five defendants
Morgan, Allen, Rich, Whitley and Ward.
This move on the part of States counsel
did not seem to take defendants coun-
sci by surprise, as did similar move made
on yesterday. 1t had become evident that
the reason in making the charge against
defendants first degree was to have a
right to order a special venire and nave
the jury drawn from the box instead OF
from talesman standing around the bar.
FIRST WITNESS CALLED.
Jas. W. Taylor, County Surveyor, was
the first witness called by the State. He
testified that he was a surveyor and had
been for thirty years. He testified fur
ther that he made a plot of the. Frlar
building which showed the measurements.
alleys and situations around said building
at Solicitor Daniels request The witness
went over the map and explained to the
jury the different measurements made and
their relation to the Friar building where
the killing took place.
From a suggestion of Mr.. Spruill that
defendants counsel were making remarks
in the presence of the jury, the court ruled
that these remarks would not be allowed
whereupon Mr.. S. A. Woodard asked His
Honor if Mr. Spruill would allow the de-
fendants counsel to consult among them
selves. His Honor ruled that he was
managing that part of the proceedings anC
that counsel for the defense would be al
lowed TO consult among themselves. but
would not be allowed to make remarks sc
that they could be heard by the jury.
DIR. ANDERSON TESTIFIES.
DIR. Albert Anderson being sworn, said
81 am coroner of Wilson county and con
Quoted inquest over the body of Percy
Jones. l also conducted the post morten
and found that the wounded man came tc
his death from pistol wound IN tht
abdomen. The ball entered the abdomen
31k inches below the navel and ranged
downward. Witness further testified
that he went to Jones' room after tn,
shooting, about one o'clock. and that Jone
asked him to do something to save hi
life. / gave him an hyperdermic and toll
him would come back in five minute
and see if he was then strong enough t.
stand the operation. / came back In a few
minutes with my partner, DIR. Dickinson
and on our arrival Jones asked if he wal
going to die / told him / thought i
would be doubtful if he lived. Jones saiC
he knew he was going to die unless yol
do something at once | told him that
could not operate then but would have Il
get him in condition to operate. | sa
down on the bed bv Jones and said: "Mr
Jones, you are very seriously hurt and WI
cannot operate you until you ge
stronger 1t IL very doubtful about YOU
getting well, and if you have anything II
say you had better say it now" TO which
the Wounaed man replied: MY God.
hate to die" The witness SAID he asket
Jones to make statement as to how tn
shooting was done. but that all he coul'
get from him was that crowd broke in
to his room and shot him.
During the discussion of the dying state
ment OF Jones the jury had been takel
from the court by order of the judge AT
ter DR. Anderson gave his evidence MI
Pou, for the defense, argued that tn
statement of Jones was not admissible be
cause the wounded man did not know no
had he been told that he was going to die
Solicitor Daniels argued that when Jone
said, my God. / hate to die it proves
that he knew of his approaching death
and that the statement as made by Dr
Anderson was admissible His Homo
ruled that the evidence was admissibl
and ordered the jury brought back int
the court rom, when DR. Anderson re
peated the statement to the jury that ha