The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-01-20
Especial to The Messenger.)

Especial to The Messenger.)
Fayetteville, N. c.. January THE
most interesting feature of yesterdays
proceedings, from a legal standpoint.
was on the admission of Mr.. Was evil
dence as to his hearing a single SEN
tence spoken in Utley'S room across
the hall. The court was addressed by
Solicitor Lyon for the state. by eX-
Judge Sutton as to identity, by Col. j.
w. Hinsdale on the law, by Col. c. w.
Broadfoot as to it's incompetency to
prove malice on the part Of the defen-
dant. Judge Cooke ordered the retire
ment of the jury during this stage o.
the proceedings. He stated that he
only hesitated to receive the statement
on account of identity, and it was
finally excluded. Judge Cooke IS an
excellent judge for a capital case, anc
is never at fault as to what should be
done.
examined by the state at the close
yesterday. Major A. A. McKethan SAID:
My wife is aunt of defendant, have
not seen very much CT him: when
sober. ne is quiet, p~eaceable man;
when drunk, he is irresponsible.
Judge Cooke made an excellent sug-
gestion before beginning business this
morning. that one Of the tine vacant
rooms in the court house be fitted W
n a law library, to obviate the con-
fusion already manifest in looking up
hooks miSlaid. Capt. A. 3. Williams.
chairman of the cOunty commissions
ers. assured His Honor that it should
be done. The court s~tenoSraphers are
Mrs. Calvert, of Raleigh, and Miss
Shrier, or Wilmington.
Upon the assembling of the court, at
the suggestion of defense, prosecution
conSenting, and court approving, it is
found necessary to have another steno-
grapher, and all consenting, Mrs. Cal
vert was appointed and sworn by the
court.
On motion of Col. Broadfoot, for the
defense, the jury was removed froG,
court. Col. Broadfoot said that tn
had reached the stage of proceedings.
when they desired j ruling of the court
on this question: By putting in a plea
of not guilty, your Honor took the
ground that defendant is now sane
Our reliance is on the plea of insanity.
(Here the counsel quoted the State VS..
Potts. where defendant admitted kill
ing, but insane at time, and pleaded
not guilty. Counsel also quoted stat
ute on revision of insanity, laws, Sec.
65-Murder, acquitted on ground of
Insanity Col. Broadfoot then argued
on these points, especially on the plain,
provisions of Sec. 65. He spoke of the
vital Importance of matter to their
side. Solicitor Lyon said that the mo-
ton was unexpected to the state; that
the plea of not guilty supposed sanity
at time of offense, and in the progress
- H. %-,e1 = ~ r~4--@I ,~-o,1-
he would LAY the benefit thereof. Mr..
H. Med. Robinson arose and quoteC
section 1855 of The Code, and also ad-
verted to the case of State VS.. Potts.
Under the plea of not guilty theil
client could avail himself of any legiti-
mate defense. Hon. G. NJ. Rose also
addressed the court ably on the statute
and the Potts case. Col. j. w. Hins~
dale said that counsel were oppressed
with the responsibility on them at this
juncture, and he knew that His Honor
would do all in his power TO aid them
in a trial Of perfect fairness n JUS
tice. Counsel desired to be certain;
that the plea of not guilty was put In
by counsel without conference with de-
PENDANT. as not in condition to advise.
If we can have a fair trial on insanity.
without prejudice from the plea Of not
guilty, we are ready to go on with the
trial. / know that when the plea of
not guilty is made. the inference is
that defendant is sane, blu we relied
on the case of Stat VS.. Potts. We ASK
to know If your Honor will grant US
a trial o. insanity, without prejudice.
The Judge said that it had been ap-
parent to him that he II counsel were
not corCurring on a point of Law, and
he had taken the first opportunity to
intimate hat. Two courses We're open
TO them: at beginning of plea or i'll
SANITY might have been put in, but
they did not do so. but chose to put in
a plea OF not guilty, and. so far as the
record goes. he is now rs sane as any
man in the state. BY the case of Potts
you can make any defense that he vas
I insane at time of the Offense. I cannot
escape the conclusion that he is a sane
man, so far as the record goes. Th-
Judge spoke very lmpressively. and
! made the suggestion that trial proceed
on plea OF not guilty, and defense or
fer evidence, n prove insanity Of
prisoner at time of crime.
After conference by both sides. the
trial proceeded on plea of not guilty.
| Hon. Y. CT. Shaw then excepted to the
remarks of His Honor on the question
of insanity. giving an opinion. in pres
ence Of witnesses. His Honor replied
tia he said. as he saw the case then,
and he had no opinion whatever on
! his mental condition. The defense
withdrew the exception. Mr.. Robinson
of the firm of Robinson & Shaw then
read the jury an abstract Of what de-
! Tense expected to prove.
A. F. Fowler. for the state. was ex-
| amined: was in Fayetteville October
oath from midnight to day; went to
Hotel Lafayette about 1870: door was
locked. and Knocked: three men were
in the office-did not know them; saw
night clerk standing with three men:
shown to No. l, second floor; heard
| shooting, apparently in office.