The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-18
Jesse NunnalIy Seeksto Prove
an AIibi.
81 WITNESSES TESTIFIED
Col. ]. c. L. Harris and Mr.. S. G. Ryan for the
Defendant, and Mr. James H. Pou With
Solicitor Jones for the State---
Col. Harris Strong Plea.

Nunally, the picture agent, dccusSu VI
taking s1265 from the safe in the office
of the Standard Oil Company here, while
the employees were out of the office for a
few minutes.
Nunally is being defended by Col. J. G.
L. Harris and Mr.. $. G. Ryan. Sohcltor
Armistead Jones is assisted III the prose
cution by Mr.. James H. Pou. Inc case is
a hotly contested one,i and VIII douDtiess
consume a large part OF this morning
session. Yesterday no less than thlfty-oi'e
witnesses were examined
The alleged robbery was committed on
the afternoon of Saturday, June 27th, be-
tween five and six O'Clock. 1t seems that
earlier in the day Nunally visited the once
and asked to use the phone. Late thaC
afternoon Mr.. Ben Winston, the clerk III
the office went out for a few minutes,
leaving the safe unlocked. When he re-
turned he saw man just going out OF
the door, and upon examining the safe
he found that all of the cash that had
been in the cash drawer, $3.50, was gone
The next day Sunday. Jesse Nunally was
arrested on the charge of robblng tne
safe Before the mayor he claimed and
attempted by witnesses to prove an ahbl,
but Mr.. Winston identified him as the
man he had seen leaving the office just
before the money was missed. So Nun
ally was bound over to this term of court
IN a bond of 800. which he was unable
to give. and so went to jail, where ne
has been ever since.
Nunalv established good character on
the whole yesterday, although it came out
that he had been in jail before for nght-
ing. He has only been in Raleigh about
eleven months, and has been engaged
during that time in various kinds oil
work.
Again in court yesterday Mr. Winston
identified Nunally as the man he had seen
leaving the office of the Standard On
COMPANY Just after the alleged robbery
took place.
The defense consisted in the establish
ment of an abb Mr.. Sorrell, OF Johnson
and Sorrell's wood yard, testified that the
defendant was in his office for some time
between the hours of five and SIX on the
afternoon of Saturday, June 9th, the time
when Nunally was alleged to have taken
the money frorn the safe In the office OF
the Standard Oil Company.
Mr.. Darden, an insurance agent OF this
citv. was IN the office of Mr.. Sorrell be
tween five and six o'clock and found de-
PENDANT there and left him there. Charlie
Spence also saw Nunally there that even
ing.
Then there were witnesses to account
for all the money that Nunally had IN MS
nossession at the time of his arrest.
Mr. Taylor, who is connected with the
office of the Standard Old Company, testl-
fed that on the evening of Saturday, June
9th, he was called into the office by the
ringing of the phone bell and that as he
went in the door, he ran against a man
coming out.
hoy named Jackson, who knew Nun
alIv met him on the railroad track that
evening and spoke to him.
IT was nearly five o'clock before the ex-
amination of witnesses was concluded, and
the argument of counsel begun. Col. }.
G. r, Harris first addressed the jury IN be-
half of the defendant. He opened by
speaking of his general good character, so
far as shown He dwelt upon the terribly
damaging effect of convictIng young
white man of larceny almost at the outset
of his career, unless the evidence was so
very convincing that they were obliged to
do so in order to act under their oaths.
Col Harris then took up the evidence,
and claimed that Mr.. Winston was simply
mistaken in the identity of the man, and
this he said was shown by the evidence of
other witnesses as well. Moreover, the de-
fendant,s conduct was not that of thief,
after the time when the robbery was al
legged TO have been committed, and lat
tempt was made to arrest him until the al
,arnoon of the following day, Sunday, as is
shown by the warrant. This IS another
porof that it was not known who had
stolen the money.
Then Mr.. Virgins, when told OF the al
fair by Winston, had pursued some man
IN the railroad track. This also showed
that they did not know Nunally was the
man.
Col Harris spoke for nearly an hour
and made an earnest, powerful, moving
plea for his client
solicitor Jones followed Col. Harris, and
began to review briefly the evidence for
the state. but had only been speaking
short time when the hour for adjournment,
SIX O'Clock. arrived, and he suspended I'M
til half past nine this morning.
"HOLLERING ANNIE" DISTURBS
COURT.
While Solicitor Jones Was spcdhAnS /" vi
ored woman in the Jail was passing away
the tedium of her Incarceration by testing
the power of her lungs and the various
quality of the tones she could produce
Judge PEBBLES listened attentively Tor
some minutes, both to Mr.. Jones argu-
nent and the womans vocal demonstra-@
lions. when he finally told the sheriff to
have the woman brought into court, and
he would see if he could not stop her.
After a little time, two deputies came
over the bridge into the court room, al
most dragging "Hollering Annie. She
was quite drunk and very fearful, but
quiet.
Judge PEBBLES informed her that ne
would see to it that she did not interrupt
the proceedings of the court, even If he
had TO give her thirty days in jail each
time until she had to stay there several
years.
FINED FOR CONTEMPT.
Yesterday in the court room colored
man was noticed by Judge PEBBLES to put