The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-07-21

HE FARMER AND MECHANIC,
Nr. Bradley in other phases Of the suit
ana not Tor the receipt OF this money.
Here the discussion seemed to indicate
that the matter would have 10 20 t. the
jury after all, aud the twelve filed in. but
were at once sent back as it vas agreed
AGAIN that the special verdict a, to facts
agreed on be accepted.
Mr.. j. 4. Jones. who was court was
called on to speak Of his connection with
the order. lie said that he had been
treasurer for a short time. elected informal
iy. but never had any 81 the money. That
Mcdonald would come to him with the
cash and get a check tr il, but later sent
the money direct. He was treasurer III
1913 and acted about a year, and he did
not remember making any report TO the
Sovereign Grand Lodge, nor Of signing
one. He was treasurer just by general
consent. Judge Womack SAID he thought
Mr.. Jones memory defective and Mr.. W.
.. Douglass remarked that It was i fact
that Mcdonald had never been a member
Of the order, had never been initiated Or
installed.
Referee f. p. Maynard was here re
1euested to bring in the records Of the case.
but before these We're used Mr.. Jones sad
that 1T was possible he might have signed
some report and forgotten it.
Alter some further general remarks as
to the conduct OF the office by Mcdonald,
Judge PEBBLES finished the writing Of the
special verdict and submitted it.
Then the jury returned and the one fea-
utre OF the verdict upon which no agree
ment had been reached was presented to
them. The defense SAID that they did not
wish to introduce amy evidence is to this
issue, but would at once go TO the jury.
This issue, upon which argument was
made, and to which the jury finally return
ed the verdict OF guilty, IS as follows:
Did the defendant appropriate the
funds collected from the members Of Oak
City Lodge No. 419 with the intent to de-
fraud the Supreme Lodge?"
III AFTERNOON SESSION.
After the recess for dinner. Judge T.
Womack closed. for the defense.
When Judge Womack concluded, Judge
PEBBLES at once charged the jury, saying:
For some wise bur hidden purpose the
Legislature OF North Carolina has passed i
law allowing counsel to argue before a
jury on the law as well as the facts, but
the court charges you that you shall take
the law from the court and not from coum-
sci on either side Of the case. For if YOU
make a mistake in the law, it cannot be
corrected; II the court makes a mistake.
it can be corrected by the Supreme
Court
Judge PEBBLES charged the jury that
they could only judge of the intent Of the
defendant by his acts. He had not seen fit
to take the stand and testify as to his own
purpose and intent. Therefore he charged
the jury that If they believed the evidence
they should answer the issue yes.
Immediately after the jury~had left their
seats, the judge called them back and SAID
he did not mean that the fact that the de
PENDANT had not taken the stand was any
evidence aaginst him.. but that it merely
left the jury without evidence as to the
intent.
Judge PEBBLES then said that the other
cases against Mr.. Mcdonald had better be
continued until the Supreme Cour deter
mined who was right about the law.
These other cases are for obtaining mon
ey under false p~retences and Tor intent to
defraud certain individual policy holders.
1t was about twenty minute past four
o'clock when the ease went to the jury.
Then some minor eases We're taken up.
George Crossan, a negro boy, charged
with cutting at William Etheridge. a
white man. III East Raleigh, was next
tried. This case occupied something over
half an hour. Crossan was defended by
Col. Harris and Mr. Holding. The jury
rendered a verdict o. not guilty. the evi-
dence showing that the boy had not drawn
his knife until after he was knocked
down by Ftheridge, who is very much lar
ger than the negro.
George Bryan, an old negro, charged
with stealing 4 pair Of shoes from William
L.undy. plead guilty. Sentence one year
on the roads.
w. T. Futrell, charged with carrying a
concealed weapon. was called and failed,
forfeitin3 bond.
Then the case Of Jesse Nunley was called
He Is a white man charged with robbing
the safe IN the office of the Standard Oh
Company here OF $12.6 While a jury was
being selected for this case the time of al
journnent arrived.
At about Ten minutes to six o'clock TIE
jury in the Mcdonald case returned to the
court room. The answer was yes to the
issue submitted. MI. Simms asked thai
the jury be polled, which was done, ant
each one answered yes" as his name wa>
i, called
| Then Judge PEBBLES Incorporated int
the special verdict the finding Of the jury
Appeal Will OF course be taken to tn,
t Supreme Court, the principal exception
being TO the judges charge, although ther.
y are some to the evidence also.
No sentence was passed before court ad
e iourned.
ho Cafo Rohnaru Hocn