The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-24
THE MAYORS TESTIMONY.

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THE MAYORS TESTIMONY.
Dave Herring, mayor of Wilson, being
sworn, said: Il saw Whitley the day be-
fore the killing. He told me that Jones
had sworn out peace warrant against
HIM but that he was going to whip hilf
and run him away before day / asked
him why Jones swore out warrant He
said because he had been appointed a
committee to tell Jones to leave town
Said this was a white mans town and
Jones couldn't stay. He said the commit
tee was Allen, Piver, Christman, Luther
Barnes and himself. I told him (Whitley)
ne was getting into serious trouble. |
ADVISED him to get him lawyer and have
the case settled. He went TO see Mr.
flnch and they both came to see me and
| explained to Mr.. Finch the serious case
against Whitley. Mr.. Finch stated to me
later that he could do nothing for Whit
ley; that he would not listen to reason.
Whitley kept on swearing that lie was
going to whip Jones before day. / then
explained to Whitley that if he kept that
up that no one would stand his bond and
he would have to go to jail. l learned
from ]. p. Williams, w. T. Clark and Ed.
Graves that there was a man shot up
street. / dressed and came up town. Had
not been in bed long because l was ex-
pecting trouble and did not go to bed
until nearly one o'clock, when l came
up town and asked DIR. Anderson how
Jones was. I saw Policeman FELTON, and
asked him about it. and he said he saw
the men come down out of the Friar
building and that he recognized Pver and
Barnes He said they went into the
alley.
The trouble occurring on Mr.. Shaken
burg's beat looked him up. then went up
stairs and In the door of the friar build
JONES MRDER CASE-TWO
pany. He is one of the most extensive
ing. | met Geo. Maye, colored; then
went on up stairs. / found near the
door of Jones room a trail of blood this
blood was followed by me down the stairs,
down the street to the alley behind the
Briggs Hotel to the back door of the Sani-
tarium. l examined the windows in Jones
room and found the window down. i
noticed the gun shot in the ceiling and it
locked as if it came from a gun being
pointed upward because the place where
the shot came out in Morgan's room, ad-
tered in Jones room. person standing
in the window could not have fred a
gun so as to make such a hole IN the
plaster.
Geo. Mumford was in the room while
/ was there. He gave me bullet which
he found on the floor. This bullet could
not have struck q hard substance. 1t IS
a 3S-calibre bullet, and shows the inn
preston of the rifiing on the barrel
through which it passed. When we came
down stairs one of the officers showed
me a burnt stick which had blood on it.
There was an impression of a handholt
on the stick There was another stick
found in the closet near the room wine
showed blood stains. A soft hat was
found in the room"
@. What kind of hat does Gil Ward
wear?"
A. 81 have observed him generally
wearing a soft felt hat.
Witness said further: sI went to the
rear of the Friar building and found a
ladder on the roof brought the
bloodhounds to this point; could
not get a run by the dogs.
About four o'clock, after the killing /
was in the police station house when
Whitley came in and / asked him why he
was up so early. He did not answer until
l had called him three times. He then
told me that he was feeling badly and
he came down to the closet then asked
him why he was dressed, with collar and
tie on If he came down sick. He told
me that he often slept with bis clothes on.
@. did any one give you any other
bullet?'
A. Eyes, Policeman Mumford gave ne
some cartridges which he said he found in
Richs room when he went there for some
clothing for Allen
@. Have you another bullet7"
A. E.Yes."
@. From whom did you get this bull
let 2"
A. II got it from Chief of Police Marsh
bourne, who got it from DR.. Anderson. 1t
is the bullet taken from Jones body 1t
shows the same rifing as the bullet
picked up in Jones' room after the killing
The three bullets. one found in Rch's
ROOM the one taken from Jones' body and
the one found on the floor in Jones room
are of the same alloy and the same class Of
bullets Whitley did not go to bed after
l saw him in the station house"
". 0io yo0 udNO ohJ NOhfNASpcAOA NA1AA
any of these defendants on the morning
after the killing?'
A. 'I went down to see Allen in his
room. had conversation with Allen. !"
MR.. POU CROSS EXAMINES.
Mr. Pou arose and requested that he be
allowed to cross examine the witness as
to the competency of his evidence. Wit
ness said Allen made certain statements
before there was any inducements held
out to him, and certain statements were
made after. The court ruled that all
statements made after inducements We're
held out to Allen. were not competent.
Witness said further.
Il asked him where he was shot, and
he told me in the shoulder. / then asked
him how he was shot and he told me
that he did not remember: that all he
remembered was a sting and he then lost
consciousness. He said when he came to
that he had hold of naked foot ! was
the second man in Jones room. and the
same man who shot Jones. shot me- The
remainder of the statement was made
after inducements were held out to him.
was in Jones' room the night he was
arrested with the negro woman. When
this woman came out she had on a wo
mans hat
The defendants counsel objected to the