The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-23

county and city authorities have been
forced TO guard the Jail.
his
S. H. Y TERRY.
mark
Subscribed II sworn to before me
this the 21st day of October, 1908.
JOHN D. TAYLOR.
Clerk of Superior Court.
Affidavits were next presented from
Police Sergeant Geo. II. Ward. y. NJ.
Hunt, E. V. Richards, j. \. Casteen,
j. H. McDougaId and James NJ. Chad
wick. of Wilmington township, and
Elijah Hewlett, of Masonboro township.
in the following form:
State of North Carolina.
New Hanover County.
Affidavit for Removal.
State VS.. S. H. Terry.
-- being duly sworn. says that ne
is a resident of New Hanover county
and that he has heard the matter of the
killing. of George 7. Bland by S. H.
Terry frequently discussed by a large
number of those qualified to act as jul
rOrS in the said county of New HanO-
Yer, and that the opinion expressed
by all of them was adverse and preju-
dicial to the defendant, Terry, and that
there is not one in his favor. and that
the said defendant could not get a fair
and impartial trial in the said county
of New Hanover, that this attiant
knows from such expressions and dis
cuSsiOns, that there is a strong popular
prejudice against said defendant;
further that this affiant has no interest
in the said case and has never expressed
the opinion that Terry is not guilty.
Affiant further says that from his
knowledge of the opinions of those quail
flied to serve as jurors in his county
and from the prejudice existing in this
community against the defendant, he
does not believe that the defendant can
get a fair and impartial trial in this
county.
Sworn TO and subscribed before me.
this - day of October. 1903.
One was also presented from Owen
Martindale. of Masonboro township, as
follows:
State of North Carolina,
County of New Hanover.
In the Superior Court.
October Term 1913.
owen Martindale being duly sworn
says Nllil III q 1c1 me-. lIt1-IIcIOC1
and taxpayer. in New hanover county.
residing about five miles ~sOuthwardly
ron the city of Wilmington in Mason
bOro township; that he has heard num-
erOus persons discuss the homicide and
killing of George I. Bland by 5. H.
Terry. and that every person with
whom he has spoken in regard TO the
matter have expressed themselves as
hain~. of tho nripin1 that the -lfI FTaryy-
is guilty of murder and that he should
be hung, and further that he has o
heard u single person express himself
in favor of the said Terry. that he be-
lieVes that he has talked TO as many
as one hundred persons who would b.
eligible as jurors and they have all ex-
pressed themselves as aforesaid. That
affianC is not in any manne connected
with defendant.
OWEN MARTINDALE.
Next came one from five OF the de-
PENDANTS counsel. II was as follows:
John H. Gore. Jr.. \. j. Marshall. 3.
G. Empie. W. p. Gafford and Marsden
Bellamy. il. being duly sworn. depose
II say. and each for himself depose,h
and sayeth. that they have interviewed
the inhabitants # New Hanover Gun
~. qualified for jury duty to the num-
Der OF several hundred collectively and
hat the said humble with one or TWO
exceptions. declare that the defendant
cannot get q fair trial or an impartial
Il in New Hanover ounty and that
they do not believe a jury could be o.
tanned in said ounty who had not
formed and expressed an opinion as TO
the defendant and hat some of the
expressions used in the discussion as
10 his guilt are such as follows: If !
were on the jury. l would hang the
--- on general principles" Ought
10 end up on the g~allows." Ought to
be hung And further. that nearly al
of those making these declarations ali
sOlutely refuse to give affiiavitS de
claring their said beliefs that the de-
PENDANT cannot get a fair or an impair
tiaI trial: that the said d~eponents base
the facts of this affidavit upon a gen.
eral canvass of said county in the inter.
est of said defendant, for the purpose O.
obtaining affidavits for the emOva Of
| such action TO another county on &C.