The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-18
TRIAL SET FOR FRIDAY
A Special Venire of Two Hundred and
Fifty Men Ordered by the Court
This Venire is Returnable
Friday Morning.
Especial to News and observer.) }

Wilson, N. c., June 1.-THE absorbing
question here since yesterday has been
whether or not Judge Shaw would allow
the motion of the defendants in the Jones
murder trial, for a continuance Judge
Shaw in his rulings in the case has won
the admiration of all. BY his evident desire
to act justly, not only to the defendants
but to the State as we'll, he has impressed
all as a thoroughly capable jurist
Court being convened at ten O'Clock the
motion for a continuance was at once
taken up. Judge Shaw in delivering his
decision, said in part:
1T is the opinion of the court after a
careful examination of all the affdayits
that there has not been produced sufh-
cient evidence for continuance of the
case. However, If at any time during this
trial there develops anything in or out
side the court room which tends to show
that the defendants are not getting a
fair and impartial trial. the case will be
at once continued
His Honor said that only during the past
few days has it become the custom to
try such cases outside the court house,
on the streets and among the newspapers,
ARD for this reason it was requested that
thl scase be not 50 discussed The proper
place for a trial is in the court house
and it is further to be desired that
at this place only should the merits of
the case be discussed. Lawyers for the
defense and prosecution are the only ones
who have a right to conduct the case
and If it is learned by the court that
any outside influences are being brought
into the trial a continuance will be or
dered at once. His Honor said further
that to avoid any suspicion of unfairness
the jury In the case would be drawn
from the box
Solicitor Daniels announced that Messrs.
Morgan. Whitley, Allen, Rich and Wood
would be tried first for the murder of
Percy Jones. The case against the other
defendants would be taken up later.
Mr.. Pou for the defense requested the
court to give an opinion as to what would
be done with the case of the other six
defendants. to which Mr.. Daniels replied
that the State would not answer as yet
on what charge these defendants would
re tried On these grounds Mr.. Pou asked
for a continuance of the case against the
six defendants not included in the other
indictment. Mr.. Pou said that counsel
would be busy preparing for the capital
case and it would be an injustice to
them not to know on what charge the
other defendants would be tried.
1t was decided by His Honor to continue
the case for the present-and its trial will
depend on the outcome of the other case.
The five defendants, Ward, Allen, Rich.
Morgan and Whitley were then arraigned
by Solicitor Daniels in the following form
Hold up your right hands. The jurors
for the State upon their oath do present:
"That Lawrence Morgan, John Allen,
George Whitley, G. d. Ward, j. B. Piver,
VIM. W. Barnes, W. p Groom, John Pitt.
man, W. H. Rich, J. T. Bass and S. j.
Walls, late of the county of Wilson on the
14th day of May. 1903, with force and
arms. at and in the county aforesaid. fell
onousIy, premeditately, deliberately, will
fully and OF their malice aforethought did
kill and murder T. Percy Jones, contrary
to the form of the statute in such cases
made and provided, and against the peace
and dignity of the State"
How say you guilty of the felony and
murder whereof you stand indicted OF not
guilty."
Ans mot guilty"
Glow will you be trled?"
''By God and my country"
God send YOU a true deliverance."
The court ordered a special venire of
$50 men and the matter OF getting this