The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-23
WILSON MURDER CASE.
Solicitor Only Asks a Verdict of Sec
Ond Degree Murder for all on Trial
Evidence Begins-A Witness O1-
fered Who Does Not Believe in the
Existence of a God.
Especial to The Messenger.)

Wilson, \. c., June 2O.-AIl eyes nave
been turned to the court house since
it became known that the taking Of eVl-
dence would begin in the Jones muir
der trial this morning. Wilson, both
town and county, have become very
much interested in the trial and long
before the hour of opening court every
available space was filled with those
anxious to hear the evidence in this
noted case.
Immediately after the opening OF
court Senator Daniels announced that
the state would not ask for a verdict
of murder in the first degree against
any of the defendants now on trial, but
that a verdict of murder in the second
degree would be asked for against the
hVe defendants, Morgan, Allen, Ward,
Whitley and Rich. This move on the
part of the states counsel did not sur
prise the defendants, because it had al
ready become evident that the reason
in making the charge Of first degree
murder was in order that they would
have a right to order a special venire
to secure a jury and avoid having the
jury selected from those standing in
and around the court house. ]. w. Tay-
lor being sworn says Il am county sur
veyor of this county and have made a
map of the principal places which will
be introduced in the Jones murder trial.
AT the request of states council Mr..
Taylor went carefully over the map,
showing the situation and measure
| ments of the principal points in evil
dence. He was closely cross eX-
amined by Mr.. John E. Wood
ard for the defense. A little spice
was thrown into the proceedings here.
F. S. Spruill addressed the court and
said that defendants counsel was MAX
| ing remarks in the presence Of the jury
which would tend to prejudice the case.
| Mr.. S. A. WOOdard arose and asked
| the court if Mr.. Spruill would allow
defendants counsel to consult among
themselves. To which his honor said:
| Il am running this trial." The coun-
Sci will be allowed to consult among
| themselves but they will not be allow
| ed to make improper remarks in the
| presence of the jury
DR.. Albert Anderson being sworn
| says: Il am coroner of Wilson county
and conducted the inquest and post
mortem in this case 1 found that Jones
came to his death from a pistol wound
| in the abdomen. The ball entered IL
| inches below the navel and ranged
| downward. l went to Jones room
| shortly after the shooting and found
| him in almost a dying condition. Jones
| asked me to do something to save his
| life. l told him he was too weak to
| stand an operation. 1 sat down on the
| the bed by Jones and taking his hand
| said Mr.. Jones you are very seriously
| hurt and We can not operate on you
| until you get stronger. It is very
| doubtful about your getting we'll and if
| you have anything to say you had bet
| ter say it now To which he replied,
| My God | hate to die" This evil
| dence was objected to by the defendants
| on the ground that Jones did not
| know he was going to die and SO the
| evidence was not admissible as a dy-
| ing statement. The objection was over
| ruled by the court and an exception
| noted. DR.. Anderson testified further
| that another of the defendants, John
/ Allen, was at his sanatorium wounded
| by a pistol shot in the left shoulder
! during the time he was in Jones room.
| He further testified that Messrs. Rich
| and Wall, two more of the defendants
| We're IN the Sana toriNm with Allen.
| 5. r. Chapman, marble worker being
| sworn says: Il was in T. E. keel's
marble yard the day previous to the
| killing and was approached by Whitley
He told me that he had gotten into
| trouble with Jones and that hk asked
| me to go on a peace bond which Jones
| had had issued. Whitley said he did
not care for the bond, law or anybody
| ana that he was going to whip the
| damn S. B. before morning. On cross
| examination witness said Whitley was
| drunk
| Mr.. Thos. z. Keel testified. Il am a
magistrate-Jones applied to me for a
| peace bond. He said Whitley told him
I that he intended to whip the damn
scoundrel and that il did not make any
| dlfference about the bond"
| The name Of Eugene Williams was
| called as witness by the state but he
| was objected to on the grounds that
| ne could not take an oath, he not be-
| lleVIng in the existence of a God. The
| court decided that he would take this
| matter up ater and the next witness
| was called.
Court was then adjourned until 2: 80
| o'clock.
w. F. Barclay an insurance agent,
beng sworn. said that he went with
| whitley to Jones room during the eve
nlng previous to the homicide, and that
Whitley told Jones that he had been
appointed a committee to tell HIM that
he must leave town in "a hours. On
cross-examination by defense witness
| said Whitley was not mad while in
| Jones room.
| K. D. Alley, a carpenter, was the
| next witness He stated that on COM
| ing down from his room about IL
o'clock on the night of the killing, he
| joined Policeman Snakenburg on his
beat and that when they went to
Branch's cotton yard large crowd Of
men were assembled there. probably a