The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-21
LUTHER BARNES
HELDF0RPERJURY
A Sensational Development in the Trial OF
the Men Charged With Percy
Jones' Murder.


A. Yes
@. "Who was this MANI
A. John Allen
@. who was with Mr. Allen?"
A. Mr.. Rich was there and S. J, Walls
was there portion of the time. There
were others but l do not know their
names.'
Witness testified that Allen was wound
ed In the shoulder, and that the bah en-
tered from the front near the collar bone
and ranged downward and backward.
Said Allen made no statement to him as
TO how he received the wound
On cross-examination by Mr. Pou Dr. An
derson stated that both the wounds in AL
len and Rich ranged downward. Witness
testified that he knew r. d. Allen and
that his character was good.
CHAPMAN'S TESTIMONY.
S. r. Chapman being sworn, said:
Il was in T. K. Keel's marble yard the
evening before the homicide. | saw de-
fendant Whitley during the afternoon.
Whitley called me away from my work
and told me that he had been in trouble
and that he was going to be put under
peace bond. Asked me if I would go on
his bond. l asked him why they were 60
ing to put him under bond; said he had
some trouble with Jones and that he was
going to put him under peace bond. Whit
ley said he did not care for bond. law. or
anybody but that he was going to whip
the dam s. b.-(meaning Jones) before
midnight. This conversation took place
the afternoon before Jones was killed.
On cross-examination by Mr.. Finch it
was brought out that Whitley was drunk
MAGISTRATE KEEL SPEAKS.
Mr. Thomas E. Keel, magistrate, be-
ing sworn said: 81 issued papers against
Whitley for Mr.. Jones the day before the
homicide"
Mr.. Pou for the defense, objected to a
reference to Mr.. Keel's docket because
it was memorandum not in the hand
writing of the witness The original pa
pers in the case of Jones against Whitley
were then offered and were objected to by
the defendants on the gound that it is in
competent as to Whitley and irrelevant
as to the other defendants. The court
ruled that the original papers could be
admitted so that it could be shown that
these peace bond proceedings were taken
up on the day before the homicide.
Witness testlried further that Whitley
while m his office threatened Mr. Jones
and said, He would be damned if he did
not whip him." This conversation took
place about three O'Clock in the afternoon
before the homicide. Witness testified to
the good character of Mr.. r. D. Allen.
On cross-examination by Mr. Finch
witness said he did not hear Whitley re-
tract any statement and that he was drink
ing.
OBJECTED TO WITNESS.
When the name of Eugene williams was
called objection was made to him as
witness. The jury was ordered from the
room by the court. Defendants counsel
stated that they objected to Mr.. Williams
on the grounds that he was not compe-
tent to act as witness, he not believing
IN the existence of an Almighty God. On
query from Mr.. Connor the witness
would not state that he knew or believed
in the existence of God Mr. Spruill arr
gued that when witness expressed a will
| hngness to take the oath prescribed by
law it was not for the court to decide the
tenor of a mans conscience when he was
taking the oath.
| &Mr. Jno. e. Woodard argued that as
long as the belief in the Bible and an AL
mighty God was necessary to make com
petent oath he did not e.,ink person not
having this benei could make competent
witness.
| His Honor closed the incident. he an
nouncing that the matter would be taken
UP later. Mr.. nlIlams did not take the
stand.
IIINNANT TAKES THE STAND.
Berry H.nnant fish dealer, being
sworn, said: II was in my office the day
before the homicide; saw Whitley, Piver
and Barnes near the market on this date.
Defendants counsel objected to his an
swering a question which outlined CONVEX
sation among these three parties, they
claiming that Piver was not on trial and
it would prejudice to have such matters
| discussed. The court ruled that until evil
dence showing conspiracy was introduced
such evidence was incompetent. States
recall all their witness later in the trial.
! Witness testified to the good character
of Mr.. r. D. Allen.
On cross examination witness said he
did not know the condition of Mr.. Aliens
hearing.
Mr.. Eli FELTON,, constable in Wilson
township being sworn, said: Whitley
was riding with me day before the killing.
e passed Jones while we were riding;