The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-25
THE DEFENDANTS
TAKE THE STAND
Rich, Whitley, Gil Ward and John Allen Tell
of Their Movements on the Night
of the Crime.

ton. He said on the night of the killing
the arc lights were turned out.
On cross-examination by Solicitor Dam
iels witness said the reason the arc lights
were out was because it was moonlight.
Witness said further that he saw defend
ants Ward and Bass about four O'Clock
on the morning of the killing He said
that he saw John Pittman and Sid Davis
at the depot twenty minutes after one
o'clock on the night Of the killing Witness
testified further that he heard Whitley
talking about Jones.
Mat Johnson being sworn said II am
from Fremont, and am one of the coun-
ty commissioners of Wayne county
knew Gill Ward, and his general charac-
ter is good
On cross-examination by Mr.. Sprull it
was brought out that witness was on
Wards bond at one time. He said he
knew Ward had been charged with muir
der of negro who lived with him. 1t
was also brought out that witness knew
that there was general rumor that Ward
was fugitive from justice and reward
offered for him. Witness said when Ward
was on trial for his life before that he
put up the money for his defense. He
said further that " ards character was
not good when he was drinking
At the request of Mr.. s. A. Woodard
defendants counsel were allowed to re-
tire for few minutes for consultation
Jesse Brinkley, the defendants witness,
was recalled by the State. Witness said
he was brother-in-law of defendant, John
E. J. Barnes, lawyer, was put on by
the defense. He said he was a partner of
the Solicitor and was retained by Piver
Q. Was there a proposition made to
you by the SOLICITOR" The State objected
and the jury was taken from the room
and Mr.. F. A. Woodard stated to the
court that proposition was made by
the Solicitor to Mr.. Barnes that if Piyer
and W. W. Barnes would turn States
evidence against the others the case
against them would be mol pressed. Mr.
F. A. Woodard said it was their object
to show that w. w. Barnes went to Mr..
Uzzell at the suggestion of his attorney,
Mr.. e. j. Barnes. Witness said that he
had never talked with w. W. Barnes, but
met JEFF Barnes. brother to defendant
Barnes. Witness said that this CONVEX
sation took place several days after the
killing and that nothing came out at the
time and so he thought the matter was
closed and did not learn otherwise until
w. W. Barnes was put on the stand on
Monday.
The court ruled that the evidence was
in so far as it came from Jeff
Barnes to his brother, W. w Barnes. and
that it was evident that Defendant Barnes
made his n 1raIl- founded
belief that he would not be prosecuted.
Mr. Spruill stated to the court that
conference with the States counsel had
Permission was granted by the court for
a consultation. After this consultation
had been in progress for some time there
was a full conference held between all
Of the defendants counsel.
After the consultation was over the jury
was brought back into the room and wit
ness Barnes stated to the jury that the
solicitor made the proposition that if
these men. Piver and Barnes wanted to
made confession. they would be
taken care of Witness said he commun-
icated to Mr.. JEFF Barnes the PROPOSE
ton of the solicitor.
J. Irving Morgan being sworn said: II
have been at work in the oil mill: know
w. H. Rich. have known him for year.
[ have seen in his possession black lack
| went with Rich the day previous to
the killing to a barbecue given by Mr.. /
John w. DAVIS. Rich carried some car
Lridges in his pocket to the picnic and the
gun was shot while there. These were
SS calibre cartridges. | know Mr.. Richs
L. - \ 4 L. n.
room a few days after the shooting and
found his pistol there and it was loaded